HomeMy WebLinkAboutPlanning & Zoning Appplication 2320
Glendale Cove Lane
Lot 5 , Block 1
Glendale Cove
Planning & Zoning
Application
07 - 3267
177 Glendale Drive
SEP, 113, 2006 11 :4AM Neal l EDINA REALTY TITLE CLAIMS N0, 2964 P. 1/59
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Doc No 8846346 08/16/2006 11:02 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 246984 Deputy 25
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
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SEP. 13. 2006 1140A MlaII EDINA REALTY TITLE CLAIMS NO. 2964 P. 2/69
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a CITY of ORONO
G RESOLUTION OF THE CITY COUNCIL
Lsx;0 NO. 54 8 0
.fMern ega ervices ox
EDIRET 468702 B
'607096 COP 423683
A RESOLUTION GRANTING
GENERAL DEVELOPMENT PLAT APPROVAL
FOR.PLANNED UNIT DEVELOPMENT NO. 5
FOR BOHLAND DEVELOPMENT,INC.
AND APPROVING THE PLAT OF GLENDALE COVE
-FILE#05-3131
WHEREAS,the City of Orono(hereinafter the"City")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 (hereinafter "City Council'
has adopted land development regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, Bohland Development, Inc. (hereinafter the "Developer") has an
interest in the properties at 190 Willow Drive North and 177 Glendale Drive legally described in
Exhibit A attached hereto (hereinafter the"Property"); and
WHEREAS, the City Council has considered the application by the Developer
for rezoning of portions of the Property to RPUD - Residential Planned Unit Development as
well as subdivision and development of the Property by the Planned Unit Development (PUD)
process; and
WHEREAS, on February 13, 2006 the City Council adopted Resolution No.
5420 granting General Concept Plan Approval for the proposed development, which approval
includes the following elements:
1. Subdivision platting of the Property to create eight developable single family residential
building lots to be served by a new public road, as well as two additional lots
encompassing the existing residence at 190 Willow Drive North and the. existing church
at 177 Glendale Drive,to be designated as Lots 1 through 10;
2. Rezoning of Lot 1 and Lots 3 through 10 from RR-1B Single Family Rural Residential
District to RPUD Residential Planned Unit Development District;
3. PUD conditions for development of single family residences on Lots 3 through 10; and
Page 1 of 7
SEP. 13. 2006 11 .40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 3/59
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CITY of ORONO
G RESOLUTION OF THE CITY COUNCIL
NO. 5 4 :a
WHEREAS,the Developer has agreed to execute the Planned Unit Development
No. 5 Agreement providing for the installation of certain improvements as a condition of site
plan approval for the consftwdon of certain public and private improvements on the Property,
and which Agreement documents the general and detailed conditions for development and use of
the Property;and
WHEREAS, the Developer has agreed to construct a public road and municipal
sewer and water facilities to be turned over to the City upon satisfactory completion, and to grant
public easements to the City over the proposed trails to be constructed by the developer or by the
City within the Property; and
WHEREAS, the Developer has completed or has agreed to complete all other
requirements of the Zoning Code, platting ordinances and related Ordinances of the City
including:
1. Completion of all platting requirements of Resolution No. 5420.
2. Dedication on the plat of Drainage and Utility Easements.
3. Submittal of Minnehaha Creek Watershed District(MCWD)permit approving the
grading and stormwater management facilities plan for the development of the
Property as proposed per the approved Grading, Drainage and SWPP Plan as
noted herein.
4. Payment to the City of Stormwater and Drainage Trunk Fees for the development
of the Property in the amount of$23,940.00 as established in General Concept
Plan Approval Resolution No. 5240.
5. Payment of a Park Dedication Fee in the amount of$44,400.00 as established in
General Concept Plan Approval Resolution No. 5420.
6. Payment to the City for the legal review and filing of the plat agreements,
easements and covenants in the amount of$250.00.
7. Payment of the final plat fee in the amount of$280.00.
8. Granting to the City of public easements over proposed trails within the Property;
and
Page 2 of 7
SEP, 13. 2006 11 :40AM Mall EDINA REALTY TIT'_E CLAIMS N0, 2964 P. 4/59
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 S 0
WHEREAS, City staff and consultants have reviewed the plans for this PUD
application and hereby specify approval of each attached plan and identify them as part of the
official record for Planned Unit Development No. 5:
1. Approval of site plan and grading/drainage plans per the "Grading, Drainage and
Stormwater Pollution Prevention Plan" dated May 11, 2006 subject to any
additional requirements of the MCWD and subject to the additional requirements
and conditions specified by the City Engineer in his letter dated June 12, 2006.
2. Approval of road and storm sewer plans per the "Road & Storm Sewer Plan &
Profile" dated May 11, 2006 subject to the additional requirements and conditions
specified by the City Engineer in his letter dated June 12,2006,
3. Approval of municipal sewer and water plans per the "Water and Sanitary Sewer
Plan & Profile" dated May 11, 2006 subject to the additional requirements and
conditions specified by the City Engineer in his letter dated June 12,2006.
4. Approval of site landscaping per the "Landscaping Plan" dated May 11, 2006
subject to incorporation of additional site preparation, plantings and maintenance
in compliance with the "Ecological Restoration & Management Program for
Glendale Cove"by AES,Inc. dated May 26, 2006.
NOW, THEREFORE, BE IT RESOLVED that based on the findings of
Resolution No. 5420, the City Council of the City of Orono does hereby approve the plat of
GLENDALE COVE, Hennepin County,Minnesota and does hereby grant General Development
Plan Approval for Planned Unit Development No. 5, subject to the following conditions:
1. General Development Plan Approval is granted subject to conditions established
within Resolution No. 5420 and subject to the conditions established within the
Planned Unit Development No.5 Agreement and other pertinent documents.
2. Upon the final approval and execution of this resolution and the Planned Unit
Development No. 5 Agreement, the City Council shall formally approve an
ordinance amending the official zoning map of the City to rezone Lot 1 and Lots
3 through 10 from RR-1B Single Family Rural Residential District to RPUD
Residential Planned Unit Development District, and amending the Orono Zoning
Code by adding language establishing Planned Unit Development No. 5 to
include the Property.
Page 3 of 7
SEP. 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0, 2964 P. 5/59
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CITY of ORONO
RESOLUTION OF THE IIT$Y COUNCIL
ESO NO.
3. Upon approval, of this Resolution the City Council shall direct the Mayor and
Clerk to execute other documents required by this PUD rezoning, including but
not limited to the"Planned Unit Development No.5 Agreement".
4, Residence structures developed on the property shall be in conformity with the
location, design and size requirements established in Resolution 5420 and in
conformity with the Planned Unit Development No. 5 Agreement. Any proposed
development determined by the Planning Director to not be in conformity with
said Agreement may be made only after a public hearing conducted by the
Council. Any changes shall be recorded as amendments to the recorded copy of
the final development plan.
5. If substantial development has not occurred within one year after approval of
PUD No. 5 as set forth is the Planned Unit Development No. 5 Agreement, the
City Council may declare the approvals granted within this resolution and within.
said Agreement as null and void.
6. The aforesaid plat shall be filed with the Hennepin County on or before December
26,.2006 together with a certified original copy of this resolution and executed
copies of the Agreements, easements, and covenants pertinent thereto. The plat
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 review.
7. The approvals granted in this Resolution shall not become effective until such
time that the Developer successfully completes purchase and provides suitable
evidence of ownership of the Property (with the exception of Lots 1 and 2 which
will remain in separate ownership).
S. The approvals granted it this Resolution shall become effective only when all
conditions of approval requiring actions by the Applicants have been satisfied.
Page 4 of7
SEP, 13. 2006 11 , 404 Mall EDINA REALTY TITLE CLAINIS NO. 2964 P. 6/59
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL.
NO. 5 4 8 Q
Adopted by the City Council of Oxon this 26th day of June,2006.
ATTEST:
Linda S�,Vee, City Clerk Barbara A.Peterson,Mayor
Developer (Om behalf of Bohland Development, T.nc.)
Pa'ge5af7
o- SEP, 13, 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS NO, 2964 P. 7/59
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
G
LB EsBQg� NO. 5 48 0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was aclmowledged before me on this day of 0--e
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on belraf of the City.
(-X6-e-7
N 'Pu
JACOUEI.YN M, YO NO
Notary :,:ro-�MEnneaota
�moo„ .den st,za�o
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me oa this 0214a-y of ^-2- ,
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
----------
RACHEL NOTARAct
My Comm "
Notary Public
Page 6 of 7
SEP, 13, 2006 11 .40AM Mall EDINA REALTY TITLE CLAIMS NO. 2964 P, 8/59
o �
CITY of ORONO
RE=SOLUTION OF THE CITY COUNCIL
NO. 5 48 0
STATE OF MINNESOTA
COUNTY OF HENNEPINT
This instrument was ackno odbed b4re me on this��day ofA,4(4,e-f- 2006
by Steven . Bohl, the of Bo an evelopment,I& a Mi=esota
corporation, on behalf of the corporation.
Aplmkb� q PIfR J.PERSONArEft
�PUBM o Ory Public
[go My Cnmm6sbe Er�ras Jan.31.2610
Page 7 of 7
Y 1 4
SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0, 2964 P. 9/59
EMMIT A
t LEGAL DESCRIPTION .Y6480
The following property, all situated within Hennepin County,
Minnesota:
REGISTERED PROPERTY:
Lot 1, Biotic 1, BELLE AIRE ESTATES REARRANGEMENT,
and
Lot 14, Block 1, BELLE AIRE ESTATES-
ALSO,
ABSTRACT PROPERTY:
AU that part of the Southwest Quarter of Section 34, T•owns6ip 11.8 North, Range 23 West -of the 5th
Principal Meridian, described as follows: Commencing at a point on the West tine of aforesaid Southwest
Quarter o distance of 1018.875 feet (61.75, rods) South of the Northwest.corner thereof, thence East and
Parallel to the North line of sold Southwest Quarter, 214.00 feet (12 'rods 16 feet) to a point, said point being
the true point ofa inning of the property being described; thence continuing East on the last described
tine 321.255 feet 18.47 rods); thence South and parallel to the West line of said Southwest Quarter, 810.97
feet, more or less, to a point which is 813.55 feet North of the South line of said Southwest Quarter,
measured parallel to the West tine of said Southwest Quarter, thence West and parallel to the aforesaid
South line 321.255 feet, more or Ian. to a point, said point being 214.00 feet East of the West line of said
Southwest Quarter, measured parallel to the North line of said Southwest Quarter; thence North and
parallel. to the West line of said Southwest Quarter,810.97 feet, more or less, to the true point of beginning;
and
Lot.1. flock 1, ULMER ESTATEt.
t
SEP. 13. 2006 11 :40AM Mali EDINA REALTY TITLE CLAIMS N0, 2964 P. 10/59
Doc No 8846348 03/16/2006 11:02 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TnanslD 246984 Deputy 25
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
SEP, 13. 2006 11 :40AM Mail EDINA REALTY TIT=_E CLAIMS NO. 2964 P. 11/59
AND PRIOR TAXES PAID
TAYER SERVIOSS
*rMNSF5A ENTERED
AUG 15 2006
Z4g'l
N.
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.fvT61r6 ega t Services Box 491
ED=T 468702 B
607096 OTH 423687
CITY OF ORONO
HENNEPIN COUNTY,MINESOTA
PLANNED UNIT DEVELOPMENT NO. 5 AGREEMENT
FOR GLENDALE COVE
DEVELOPER:BORLAND GLENDALE COVE,LLC
THIS AGREEMENT, made and entered into this 2 day of c: -, , 2006,
by and between the City of Orono, a municipal corporation organized and exis g under the
laws of the State of Minnesota (hereinafter called "City"), and Bohland Glendale Cove, LLC, a
Minnesota limited liability company, its heirs, successors and assigns (hereinafter called
"Developer").
WITNESSETH:
WHEREAS, the Developer has made application to the City Council for approval of a
Planned Unit Development (PUD) including rezoning, subdivision and residential development
plan approval for the purpose of developing eight new single family residential lots plus two lots
to accommodate existing residential permitted or conditional uses,to be legally described as Lots
1 through 10,Block 1, and Outlots A and B,GLENDALE COVE,Hennepin County,Minnesota;
and
WHEREAS, on June 26, 2006 the City Council granted rezoning of portions of the
property from RR-1B Single Family Rural Residential to kPUD residential Planned Unit
Development, and granted Final Plat Approval and General Development Plan Approval for the
proposed development on the condition that the Developer enter into this Agreement to provide
for conformance with the City's Planned Unit Development (PUD) ordinances, to document
parameters for the development and use of the site, and to provide for the installation and
maintenance of improvements associated with,the development.
Page 1 of 13 Developer initials'�D�2�
City Clerk initials�
SEP. 13. 2006 11 .40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 12/59
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NOW, WFORE, in consideration of the premises, and of the actual promises and
conditions hereinafter contained,it is hereby agreed as follows:
A. General Terms and Conditions
1. ft� Description. This Planned Unit Development No. 5 Agreement applies to the
property platted as Lots 1 through 10, Block 1, GLENDALE COVE, Hennepin County,
Minnesota as well as Outlots A and B and the public road dedicated as Glendale Cove
Lane within said plat- For purposes of this Agreement,Lot 1,Block 1 and Lots 3 through
10, Block 1, as well as Outlots A & B and Glendale Cove Lane, are hereinafter
collectively referred to as"the RPUD Property".
2. EW@M Location; Applicability. A portion of Lot 2, Block 1, GLENDALE COVE is
situated within the City of Long Lake. This Agreement is not intended to exert
regulatory authority over the portions of Lot 2 within the City of Long Lake.
3. Zoning. Per City of Orono Ordinance No. y , Third Series, adopted by the City
Council on June 26, 2006, the RPUD Property is zoned as RPUD Residential Planned
Unit Development District (Planned Unit Development No. 5). Lot 2, Block 1,
GLENDALE COVE,remains zoned as RR-1B,Single Family Rural Residential District.
4. Allowed Uses. The uses of the RPUD Property shall be limited to those permitted uses,
conditional uses and accessory uses established in Ordinance No. 3 y , Third Series.
Other uses within the RPUD Properly shall not be allowed except by amendment of this
Agreement.All uses shall be obligated to conform to all applicable Orono ordinances and
to the provisions of this Agreement. Allowable uses within Lot 2,Block 1,GLENDALE
COVE are the permitted, conditional and accessory uses allowed within the RR-IB
zoning district.
5. Road Access. Lots 3 through 10 shall be served by a new public road to be constructed
by the Developer to City standards(28'paved width face of curb to face of curb,concrete
curb and gutter). All 8 new lots shall have driveways accessing the new road, located
gmerally per the approved Grading,Drainage & SWPP Plan,and noire shall have direct
driveway access to Willow Drive. Lot I's existing driveway access to Willow Drive will
be allowed to remain. The existing church access locations for Lot 2 onto Glendale Drive
shall be allowed to remain. There shall be no access to or from Glendale Cove Lane to
Lot 2.
6. Municipal Sewer&Water Utilities. Municipal sanitary sewer and water mains shall be
installed by the Developer per plans subject to approval by the City Engineer. Upon
completion of the sewer and water facilities and acceptance by the City,the City wW own
and maintain the sanitary sewer and water mains within the development. The City will
inspect these systems during their construction to ensure proper installation.Drainage and
Utility Easements sufficient bo accommodate the use and maintenance of sewer and waxer
facilities shall be granted to the City of Orono over all sewer and water utility lines and
facilities not located within the dedicated right-of-way.
Page 2 of 13 Developer Initial S VS
City Clerk Initial=
SEP, 13, 2006 11 ;40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 13/ 9
7. Stonnwater Facilities. Stormwater management shall be provided by stormwater catch
basins and storm sewer lines as well as open swales discharging to a NURP stannwater
pond to be located in Outlot A, per the.approved Grading, Drainage and SWPP Plan. In
addition, a stormwater rain garden shall be developed writbin Oudot B. The stormwater
drainage system shall be owned and maintained by a Homeowners Association to be
established by the Developer, except that the City will own and maintain the facilities
located within the public right-of-way.
S. Wetlands. Orono's wetland buffer and buffer setback requirements(Zoning Code Section
?81608) shall be met, except as follows:
a) Deminimus fill of 1250 s.£ of wetland in Lot S and 300 s.£ of wetland to
accommodate the new road shall be allowed.
b) The 20' wetland buffer setback shall be reduced to 10' for the ditched wetland
along the westerly portion of Lot 10 (leaving a 35' setback from wetland
boundary).
Buffers shall be maintained per a Buffer Maintenance Agreement to be executed by the
Developer. A Flowage and Conservation Easement shall be granted over the existing
wetlands on the RPUD Property.
9. Trails and Recreation.
a) A 10' trail easement shall be dedicated along the west boundary of the property
within Lots 1 and 10 and within Outlots A and B,to allow for future extension of
the City's public trail system along Willow Drive. The developer will not be
required to construct this trail extension. A Willow Drive trail crossing from
Glendale Cove Lane to Elm Lane shall be provided by the City, at the discretion
of the City Council.
b) An S' wide bibx--Wnous surfaced public pedestrian/bicycle trail, design subject to
approval of the City Engineer, shall be provided by the Developer within Lot 2
connecting from Glendale Cove Lane to Glendale Drive. A portion of this trail
will be in the City of Long Lake and will require Long Lake's prior approval. The
City of Orono shall be responsible for maintenance of this public trail upon its
completion and acceptance, Public easements including a suitable shoulder width
shall be granted over said trail. No reduction or reimbursement of park fees will
be allowed for construction of this trail connection.
c) Outlot B shall be owned by the Homeowners Association to be established by the
Developer, and shall serve as a private natural open space area for use and
enjoyment of the homeowners within Glendale Cove, Outlot B shall also serve as
a wetland buffer and is an element of the"Ecological Restoration&Management
Page 3 of 13 Developer Initial
City Clerk Initial
SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 14/59
Program for Glendale Cove".
10. LandscWmg_& Conservation Design. The approved landscaping plan attached to this
Agreement as Exhibit A shall be strictly adhered to,with the following conditions:
a) Landscaping of the site shall be as shown the approved Landscape flan.
b) The Letter of Credit required herein shall include an amount for the required
landscaping, and such amount shall be retained until completion of one full
growing season after planting.
c) The Developer shall adhere to the Conservation Design guidelines and plan
established in the the "Ecological Restoration & Management Program for
Glendale Cove" by AES, Inc. Developer shall establish covenants requiring
Pen==t Homeowner.Association maintenance of the elements of said plan.
11. i Street Li tin . A monument sign may be provided by the developer at the
entrance to the RPUD development site within 4utlot B. The signage shall be limited to
a development name and/or logo on the monument sign. Final design/materials of
monument signage shall be subject to approval by the City Council. Street lighting if
proposed shall be coordinated with the Public'Works Department with regards to location
and style of lighting.
12. &ui
�Ung Desi tion. All buildings on the RPUD Property shall be
constructed according to plans which shall ;fust be certified by the Planning Director as
being in conformity with the RPUD Distriet standards,with the following exceptions:
a) Required principal structure setbacks(see approved plans):
Front ]tear Left Side Right Side Other wetland
Buffer
Lot 3 30' 30' 15' 10' _
Lot 4 30' 30' 10' 10' -
Lot 5 30' 30' 10' 10' E. side: 15' 20'
Lot 6 30' 30' 10' 10' W.side: 15' 20'
Lot 7 30' 30' 1 10' 10' 'Wetland:45' -
Lot 8 30' 30' 10' 10' Wetland 45' 20'
Lot 9 30' 30' 10' 10' - 20'
Lot 10 30' 30' 10' 50' Wetland 35' -
b) Additional stre"=location and design standards:
Setback to Willow Drive Sol*
Maximum buil 30' &2-1/2 stories
Floor Area Ratio** 0.4
Page 4 of 13 Developer Initial
City Clerk Initial
SEP, 11 2006 11 :40AM Mail EDINA REALTY TIT_E CLAIMS N0, 2964 P, 15/59
Lot cove e
by strt atures** NA
*Existing house on Lot 1 at 40' setback from Willow will remain nonconforming
** Structural coverage for this development will be governed by Floor Area Ratio(gross am of
all floors including basements and garages, divided by gross lot area).The standard 15% lot
coverage limit wiIl not apply. Floor Area for FAR puzposes will include 3-season and 4-season
porches,but not screen porches that are smaller than 12' x 14'.
c) Accessory Structures: Accessory structures shall conform to the RPUD District
standards for accessory structures,
B. Installation and Maintenance of Improvements
13. Im rovements, In accordance with the policies and ordinances of the City of Orono, the
following described public or private improvements (hereinafter collectively called the
"Improvements") shall be constructed, installed and maintained by the Developer
according to the terms and conditions contained in this Agreement,
(a) Site grading, trails, retaining walls if required, and all necessary erosion control
measures per the Grading, Drainage & Erosion Control Plan attached hereto as
Exhibit B (hereinafter called"site grading improvements");
(b) Construction of the public goad with curb and gutter q=einafter called goad
improvements") as well as construction of storm sewer Braes and facilities
(hereinafter called "stormwater improvements") per the Road and Storm Sewer
Plan&Profile attached hereto as Exhibit C.
(c) Construction of sanitary sewer and water mains and connections (hereinafter
called "sewer and water improvements") per the Water and Sanitary Sewer Plan
&Profile and the attached hereto as Exhibit D.
(d) Underground natural gas, electric, cable and telephone service to be arranged by
the Developer with the utility companies involved (hereinafter called the "other
utility improvements");
(e) Landscaping and site revegetation improvements and other site landscape features
per the approved Landscaping flan attached hereto as Exhibit A and per the
approved "Ecological Restoration & Management Program. for Glendale Cove"
(hereinafter called"landscaping and ecological improvements').
(f) Traffic control signage subject to approval by the City Engineer and Public Works
Department
(f) Any additional improvements listed within the Site Improvements Cost Estimate
attached hereto as Exhibit E.
14. Construction Plans. Detailed plans and specifications for the complete installation of the
Improvements shall be submitted by the Developer for the approval of the City prior to
issuance of applicable City permits. The Plans and Specifications shall conform, to all
Page 5 0£13 Developer Initial S9-6
City Clerk Inittial
SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS NO. 2964 P. 16/59
current City standards for all applicable work and shall comply with the terms of this
Agreement.Final sanitary sewer and wateimain plans shall be provided and are subject to
approval by the Public Works Department and City Engineer,as well as the City of Long
Lake. The Public Works Department and any other pertinent reviewing agencies shall
review and approve all utility improvements.
15. Construction of Improvements.
(a) Commencement Date - The construction of Improvements shall begin no later
than August 30,2006.
(b) Completion Date-All Improvements shall be completed no later than September
30,2007.
(c) Contractors - The Developer shall select, retain and supervise the Contractor(s)
responsible for Improvement construction. The City reserves the right to require
satisfactory proof of successful experience and adequate financial status of any
such contractor. Where required by City ordinance, the contractor shall first
obtain a license from the City.
(d) Pre-Construction Conference - Prior to the start of any construction, the
Developer and the Developer's Contractor shall meet with the responsible City
official to review construction plans and schedules.
(e) Permits - Prior to the start of any construction, the Developer's Contractor shall
apply for and receive all necessary permits from the City and/or government
agencies having jurisdiction. Required City permits relative to the Improvements
include the following., Site Grading Permit; Utility Construction Permit; Sewer
and Water Connection Permits. Developer is advised that an Erosion Control
Permit must be obtained from the Minnehsha Creels Watershed District before
commencing any grading activity on the site.
(f) Construction- The construction, installation and materials shall be in accordance
with the plans and specifications approved by the City. Erosion control shall
adhere to "Best Management Practices for Protecting Water Quality in Urban
Areas", All erosion controls as required by the City and the MCWD shall be in
place prior to commencing excavation on the site. All such erosion control
measures shall be maintained in working order until the site is revegetated, The
construction limits shall be clearly marked with adequate fencing to prevent any
construction damage or disturbance of any trees and vegetation outside of the
construction limits area_ Developer shall identify trees to be preserved on site,
shall mark them on a site plan, and shall take extraordinary measures such as
fencing, signage,etc.to ensure they are not disturbed.
(g) Ynsumce-The Developer will cause each person who constructs and installs any
Improvement to maintain complete insurance coverage including Workmen's
Page 6 of 13 Developer Initial '3 P2
City Clerk Initial�
SEP. 13. 2006 11 :40AM Mail EDINA REALTY TIT'_E CLAIMS N0, 2964 P. 17/69
Compensation,Liability and Property Damage.
16. Performance IDeposit.For the purposes of assuring to the City that the Improvements will
be completed according to the terms of this Agreement, and that the Developer will pay
or will cause to have paid all claims for work done and materials and supplies furnished,
the Developer or his General Contractor will deposit with the City prior to issuance of
site grading and building permits an irrevocable letter of credit in a form
satisfactory to the City providing that the City is able to draw upon such letter of credit in
its sole discretion to complete the Improvements if the Developer fails to satisfactorily
complete the work prior to the completion date specified in Section 15 above. The
amount of such deposit shall be 1501/6 of the estimated improvement costs per the
schedule to be attached to this document as Exhibit E. The amount of such deposit shall
not be reduced before substantial completion of the Improvements. The letter of credit
shall expire no sooner than six months after the completion date specified in Section 15
above.
17. Fees and Expenses. The Developer agrees to pay all City fees required per the current
City Fee Schedule and further agrees to completely reimburse the City for all the variable
additional expenses it incurs in regard to the review and approval of the Improvements
including, but not limited to, direct City payroll and overhead, costs, and fees paid to
consultants and other professionals,which are not covered by City application fees.
18. Maintenance. Until such time as City approves and accepts the Improvements [which
shall occur within sixty (60) days of the later of(i)the date of the final lift of asphalt on
Glendale Cove Lane, and (ii)the date of any corrections to the Improvements required by
City],the Developer shall be responsible for:
a. maintenance of all privately owned Improvements including roads,parking areas,
sidewalks, and storm sewers, regardless whether easements for such
improvements have been granted to the City;
b. maintenance of site lighting, signage and landscaping consistent with the
approved Plans for said improvements;and
C. maintenance of all sewer and water lines that are defined as "connections" as
indicated on the approved Utility Plan.
C. Representations
19, Developer Representations and Covenants. The Developer hereby makes the following
representations and covenants:
(a) The Developer has the legal authority and power to enter into this Agreement.
(b) The Developer reasonably expects to obtain financial resources sufficient to
enable the completion of the Improvements,
Page 7 of 13 Developer Initial— '
City Clerk Initial .
SEP. 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0, 2964 P. 18/59
(c) The Developer will, subject to the requirements of Section B - Installation and
Maintenance of verve= hereof, construct, operate and maintain the
Improvements in accordance with the terms of this Agreement and all local, state
and federal laws and regulations, and will construct or pay the costs of
consftedon of any site improvements, utilities, landscaping, stormwater
management facilities, roads,parking facilities,which are necessary in connection
with the construction of the Improvements.
(d) At such time or times as may be required by law, the Developer will have
complied with all local, state and federal environmental reviews, licenses, and
will be in compliance with the requirements of federal,state,and local authority.
(e) The Developer will obtain, in a timely manner, all required permits, licenses and
approvals,and will meet, in a timely manner, all requiremeats of all local, state,
and federal laws and regulations which must be obtained or met before the
Improvements may be.constructed.
M It is intended and meed that the covenants provided in this Section shall be
covenants running with the land not the owner or Developer.
20. City K%M0 l ons and Covenants: The City makes the following representations as
the basis for the undertaking on its part here in contained;
(a) The City is authorized by law to enter into this Agreement and to cazry out its
obligations hereunder.
(b) The City will,in a timely manner, subject to all notification requirements, review
and act upon all submittals and application of the Developer and will cooperate
with the effort of the Developer to secure the granting of any permit, license, or
other approval required to construct and opeaate the Improvements; provided,
however,that nothing contained in this subparagraph shall be construed to limit in
any way the reasonable and legi. mute exercise of the City's discretion in
considering any submittal or application.
(c) The Property is zoned for purposes which include the Development as proposed.
The City has issued all necessary commercial site plan review approvals for the
proposed development on the property.
D. Admiaisttntion
21. Compliance. At any time and from time to time the Developer may request that the City
provide the Developer a certificate certifying that the terms and provisions of this
Agreement have been complied with and that this Agreement is in full force and effect
with respect do the development for the purpose of facilitating sale,mortgage, insurance
or other matters. To the extent that there be any bona fide defaults in such compliance,
Page S of 13 Developer Initial
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SEP, 13. 2006 11 :40AM Mail EDINA REALTY TIT`E CLAIMS NO. 2964 P. 19/59
the Developer shall be afforded a reasonable time to bring the development into
conformance, and thereafter the City shall be obligated to provide such certificate.
22. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the
benefit of the heirs,representatives, successors and assigns of the parties hereto and shall
be binding deemed covenants running with the land.. References herein to Developer, if
there be more than one, shall mean each and all of them. This Agreement at the option
of the City shall be placed of record so as to give notice hereof to any subsequent
purchasers and encumbrancers of all or any part of the property.
23. Notices: Whenever in this Agreement it shall be required or permitted that notice or
demand be given or served by either party to this Agreement to or on the other party,
such notice or demand shall be delivered personally or rxtailed by United States certified
mail(return receipt requested)to the addresses set forth below. Such notice or demand
shall be deemed timely given when delivered personally or when deposited in the mail in
accordance with the above.
Notice to City Notice to Develo er
City of Orono BohLand Glendale Cove,LLC
Clerk/Administrator 1844 'Wayzata Boulevard
P.O.Box 66 P.O, Box 815
Crystal Bay,MN 55323 Long Lake,MN 55356.
Parties may substitute notice provisions upon notice to other parties.
24. incorporation by Reference: All plans, special provisions, proposals, specifications and
contracts for the Improvements furnished and let pursuant to this Agreement shall be and
hereby are made a part of this Agreement by reference as fully as if set out herein in full.
25. Disclaimer by City; It is understood and agreed that the City, the City Council, and the
agents and employees of the City shall not be personally liable or responsible in any
manner to the Developer or Developer's contractors, subcontractors, materialmen,
laborers, or any other person,firm or corporation, for any debt, claim, demand, damages,
actions, or causes of action of any ldnd or character, arising out of or by reason of the
execution of this Agreement or the performance and completion of the Improvements.
26. Hold Harmless and indemnification: The Developer shall indemnify and hold harmless
the City,the City Council, and the agents and employees of the City from and against all
claims, damages, losses or expenses, including attorney fees, which the City, City
Council and agents and employees of the City may suffer or for which it may be held
liable, arising out of or resulting from the assertion against them of any claims, debts or
obligations in consequence of the performance of this Agreement by the Developer, its
employees, agents or sub-contractors, whether or not caused in part by a party
Developer Initial S t2-
City Clerk Initial
SEP• 13. 2006 11 :40AM Mai 1 EDINA REALTY TITLE CLAIMS NO. 2964 P. 20/59
indemnified hereunder.
27. Itemed for D ult: Default by the Developer of any of the terms of this Agreement
shall automatically result in the suspension or withholding of all permits, licenses,
occupancy certificates or other authorizations issued by the City in connection with the
Property included m this development. Tire remedies afforded to the City under this
Section shall be in addition to any other remedies to which the City may be entitled by
law or other agreement Default by the City shall entitle the Developer to seek
injimetive/mandatory relief through the comets,together with other relief as the law may
provide.
28. Rj& of Entrv. 'The Developer hereby grants to the City, its agents and its employees,
the right to enter on the property for the specific purpose of constructing or completing
any and all of the agreed upon Improvers should the Developer not complete those
Improvements by the date specified in Section 15.
29. C�ntrollin A ement. To the extent that there is any difference or ambiguity between
this Agreement sold other agreements between the City and the Developer,this
Agreement shall control.
(INTENTIONALLY LEFT BLANK)
Page 10 of 13 Developer Initial S RSA
City Clerk Initial
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IN WITNESS WHEREOF,the City and the Developer have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF ORONO
By: 64
(ayor)
By:y� .,1
(City Clerk)
DEVELOPER-Bohland Glendale Cove,LLc
By: - 1 -�
Its:Reviewed for fox Administration;Date: '7 � c�J f� By:
(Planning Director}
By:
(City Adraini r)
This instrument was drafted by:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay,MN 55356
Page 11 of 13 Developer Initial
City Clerk Initial
SEP. 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 22/59
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before mean this II 'day of d,,Llk
2006 by Barbara A.Peterson,Mayor of the City of Orono,a Minnesota municipal co orad n
and said inst hent was executed on behalf of the City.
RACHEL DODGE
4zLA—F—a
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2010 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
S�
The foregoing instrument was wJmowledged before me on this qday of
2006 by Linda S.Vee, City Clerk of the City of Orono,a Minnesota municipal corporati=and
said insh umecnt was executed on behalf of the City.
Notary Public
RACHEL DODGE
NOTARY PUBLIC-MINNESOTA
My Oared non Expires Jan.31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instr maent was acknowledged before me on this 2.d day of UUU-1 ,2006
by Steven R Bohl,the President and Chief Manager of Boblland Glendale Cove,a Minnesota
limited liability company,on behalf of the limited Iimbility company.
DENISE M.LESKINEN
NOTARY PUBLIC-MINNESOTA Notary Public
My Cammissioa Expires Jan.31,2010
Page 12 of 13 Developer Initial. 5C�—(�5
City Clerk hffLal l
SEP, 13. 2406 11 ,44AM Mail EDINA REALTY TIT1_E C LAIMS N0. 2964 P. 23/59
LIST OF MMITS
Exhibit A...... Landscaping Pian
Exhibit B......, Grading,Drainage and Erosion Control Plan
Exhibit C....... Road and Storm Sewer Plan&Profile
Exhibit D...... Water and Sanitary Sewer Plan& Profile
Exhibit E...... Site Improvements Cost Estimate
Page 13 of 13 Developer Initial
City Clerk Initial
EXHIBIT E
o. SITE IWROVENWJM COST 13MMATE
N
a eMN200 Slonnftwer Units qty Siunit Total
MondalsCOYePlatO5.3131 i2"stmeseww LF 20 $ 30.00 $600.00
Cost Estimate for Finamimi(3u3rante8 15'Scram sewn LF 362 $ 26.00 510,136.06
Flared End Sedlon EA 2 $ 11,000.00 $2,000.00
ry SantlaTyUwarlmprwaarents Unee Oh SUrdI TOW Ou"control Strucium EA i S 3,000.00 $5,000.00
Q Mob0mlon is 1 $ 5.000.00 $5.000.00 CetehBevin EA 4 $ 2,500.00 $10,000.00
z Tmlfic Contra LS 1 $ 1,000.00 $1,600.00 Estimated Construdlon Cost 526,738.00
Caswd b Erdstinp a"Saciary Sewer EA 1 S $500 70 $2.509.00
a,PVCSanflarySewer LF 654 S 25.00 $16,360.00 SlreetIGmdlntrILandscaping Unite Qty S1Unit Total
a'X G'Wye EA a $ 1W.00 $80DA0 Grading
L8 1 $100,000.00 $iW,000.00
4'DiwrwW Saniary Sewer Manhae FA 4 $ 2.000.00 $8900.00 Subgrade Prepargion SY 2,350 $ 1.DD $2,350.00
4'DIWOW swkwy Saves Manhole OvwdgAh if 16 $ 100.00 $1.500AD i ppgre8ele Base.Class 6100%Crushed-b"(CV) CY 520 S 22.00 $11,440.00
LF 300 i 1.00 3300A0 LF 1,390$ 11.00 $15,290.00
ImprOysd Alps Foundation �� � Concrete Cub end Outer 6a T8
Estimated Construction Cost $96 e4snMow Base course-2' Til 260$ 7000 $18,200.00
Biuminous Wer Course,-1 112' TH 200$ 65.00 $13,000.00
BBnsaktoru MaWW For Tads Coal GAL 110 $ 2.76 5302.50
Water Main Improvements Un'hls Qty $ltrrhlt Total Concrete Sidewak SF 2,SW $ 5.00 514,000.00
cr, Conned to t74srng Water Main 2 $ 2,500.00 $S,OW.00 Salping LS i $ 3,5W.00 $3,500.00
LF TSO S 20.00 $21,280.00
8"Wales Pain Sirhgage LS 1 $ 5W.00 $600.00
6'Wabr main $8
LF 355 3 26.00 Kamm Landscaping 000.00 LS 1 S 45,000.00 $45,
�
S FKngs EA 10 $ 250.00 $2.500.00 Tow Erosion Control LS 1 S 10,000.00 510,000.00
Hydrant EA 2 $ $500.00 $SQW.00 EsfwwtedConslrudlonCori 3233,582.50
a'Gv Bad Box EA 3 S 1.200.00 $3.600.00 11
B'Gv and Bar EA 1 S 1,000.00 $1,000.00 Summery Of troprovemenls
r Esimeled Consimcim Coal $47,265.00 Sway Sewer 535.450.00
Wales Main $47,255.00
¢ Units Qty $fUrm Total 115,020.00
y Servieaslmprowmants Services .
x LF 340 S 15.00 55.100.00
G PVC,Service Pipe f Sloan 6wear $25.736.00
Q 1.5 inch copper sere LF 370 $ 15.00 55.92090 J Street f Gmd'xm 1 Landscaping 3233,582.50
z EA a 5 200.00 51,600.00
1.5 inch cap Tdzl Eslbnete CoraWUbn Cost 5357,048.60
1.5 inch cub do EA a $ 300.00 $2.400.00 50% $178,621.75
Esimeled ConsWdbn Cost ;16'020.00 Total for Financial Guarantee $53S,565.26
4
I
.O
,y1 •
JJ
SEP, 13. 2006 11 :40AM Mall EDINA REALTY TITLE CLAIMS NO. 2964 F. 3 2/5 9
Doc No 884634.9 06/16/2006 11:02 AM
Certified fled and or recorded on above date.-
Office
ate:Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 246984 Deputy 25
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
SEP, 112006 11 :40AM Mai 1 -ED INA REALTY TITLE CLAIMS N0, 2964 P. 33/79
AND PRI®R TAXES PAID
TRA
NVE� ENTERED
AUG 15 2006
N.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTIUCTIONS EDIRETe468702 Bes Eos 491
607096 DEC 433690
FOR GLENDALE CO'V'E
THIS DECLARATION is made this /9 T� day of 2006,by 13ohLand
GlenUe Cove,LLC,a Minnesota limited liabffity company("Developer".)
RECITALS
A, Developer owns real property in the County of Hennepin, State of Minnesota,as set
forth and described on Exbibit A attached hereto(such real property referred to hereinafter as"the
Real Property").
B. Developer desires to impose upon and subject the Real Property to certain
covenants, conditions and restrictions for the benefit of Developer and the future owners of
the Real Property.
C. The Real Property is not subject to the Minnesota Common interest Ownership Act,
Minn. Stat Chapter 515B, because it is exempt under Section 515B.1-102(e)(2)thereof.
NOW,WHEREFORE, Developer hereby declares that all of the Real Property shall be held,
sold, conveyed and occupied subject to and together with the following covenants, conditions and
restrictions'which are hereby declared to be for the benefit of all of the Real Property and the
owners thereof,their successors and assigns. These covenants; conditions and restrictions shall
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run with the Real Property and shall be binding on all parties having or acquiring any right,
title or interest in the Real Property or any part thereof,their heirs,successors and assigns,and
shall inure to the benefit of each owner of the Lots comprising the Real Property, and are
imposed upon the Real Property and every part thereof as a servitude in favor of each
and every part thereof
ARTICLE I
DEFENHIONS
The following words and phrases,when used in this Declaration shall have the following
meanings;
1. "Architectural Control Committee"or"the Committee"shall meant and refer to a
committee of the Homeowners Association,consisting originally of only Steven R.Bohl,and
subsequently of others as described in Article III, Section 9 below. The Committee will
undertake and perform the tasks and duties assigned to it hereby, and shall take action only by
the unanimous approval of all its members.
2. "City"shall mean the City of Orono, a Minnesota municipal corporation.
3. "Dwelling Unit"shall mean and refer to a single family housing unit,garage and
related improvements constructed on a Lot.
4. "Floor Area Ratio"or"FAR"shall mean the ratio of total floor space of the Dwelling
Unit constructed o:n a Lot to the total Lot area. Total floor space shall include all floors
(basement, first story, second story),all garage floors,all floors above the garage, and all 3_
season and 4-season porches,but not screen porches of less than 168 square feet. Floor Area
Ratios(or FARs)shall be expressed decimally(i.e. 0.40)or as a percentage,
5. "First Mortgagee"shall mean a person or entity owning a Mortgage on any Lot or
Dwelling Unit,which mortgage is fust in priority upon foreclosure to all other mortgages which
may affect such Lot or Dwelling Unit.
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6. "Homeowners Association"Or"Association"shall mean Glendale Cove Homeowners
Association, a Minnesota non-profit corporation that will have as members all Owners.
7. "Improvements"shall mean and refer to all"Improvements" described and identified
in Section I of Article III of this Declaration.
8. "Lot" shall mean,and refer to any platted lot of which the Real Property is comprised
on which a Dwelling Unit is located or is intended to be located,including any Dwelling Unit
constructed thereon.
9. "Owner" shall mean and refer to the record owner(s),whether one or more persons or
entities, of a fee simple title to any Lot subject to this Declaration,and shall not mean or refer to the
holder of any mortgage encumbering any such Lot unless and until such mortgage holder has
acquired fee title by foreclosure of said mortgage or deed in lieu of foreclosure and the period within
which the Owner may redeem from such foreclosure has terminated.Where any Lot is being sold by
the fee owner to a contract for deed purchaser who is entitled to possession of a Lot;the contract
purchaser shall be considered the Owner of such Lot. Where any Lot is subject to a life estate or life
estates,the holder(s)of the life estate(s)shall be considered the Owner of such Lot.
10. "Plat"shall mean and refer to the plat map of Glendale Cove,as recorded in the Office of the
Registrar of Titles or County Recorder of Hennepin County,NT=csota.
ARTICLE II
MAINTENANCE OF STORM WATER QUALITY TREATMENT POND
Section 1. The Pond and the Rain Garden. As a condition of its approval of the
development of the Real Property,the City of Orono has required that the parties hereto enter
into an agreement,which makes provision for the maintenance of one Storm Water Quality
Treatment Pond("the Pond")and one Rain Garden("the Rain Garden"),both to be
constructed by BohLand Glendale Cove, LLC within the boundaries of the Real Property, as
said pond and rain,garden are described and depicted in those certain construction plans drawn
SEP. 13, 2006 11 .40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 36/59
by Gronberg&Associates and approved by City.
Section 2. Maintenance. For purposes of this Declaration,maintenance of the pond and
the Rain Garden shall mean maintenance as reasonably requested by City in writing.
Section 3. Maintenance b.X Homeowners Association. The Homeowners Association
shall be solely responsible for the maintenance of the Pond and the Rain Garden,and shall beat
all costs of such maintenance. If the Homeowners Association does not undertake maintenance
within 30 days of notification by City, City may undertake such nu-dntenauce, but the costs
reasonably incurred by City for performing such maintenance shall be reimbursed to City by the
Homeowners Association.
Section 4. Al 'on. All costs which City may incur in performing its maintenance
responsibility under this Agreement shall be reimbursed to City by the Homeowners
Association.
Section 5. City May Assess. On each occasion that City is required to perform the
maintenance,if City is not reimbursed within thirty(30)days by the Homeowners Association,
City may levy a special assessment against.all Lots. The assessment shall be spread over a
reasonable period to be determined by City,but no less than five(5)years,together with
interest on the unpaid balance at a.reasonable rate to be determined by City,but not to exceed
two(2)percentage points above the prime lending rate as published from time to time by the
Wall Street Journal. The current owners of the Real Property waive all procedural and
substantive objections to the public improvements and special assessments including but not
limited to heating and notice requuements and claims that the amount of the assessment
exceeds the benefit to the property, The right to appeal the assessments pursuant to Minn. Stat,
§ 429.081 is also waived.
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ARTICLE III
ARCHITECTURAL T,CONTROL
Section 1. Approvals. No Dwelling Unit, building,structure,addition,driveway,
sidewalk,wall,fence, garage, aerial,antenna,wire, pipe, mailbox, mailbox stand, exterior
ornament, swimming pool, landscaping, or other structure or foliage (hereinafter
collectively "Improvements") shall be commenced, constructed, altered, improved or placed
upon a Lot without the Architectural Control Committee's prior,written approval of(a)the plans
and specifications for said Improvements,including site location thereof, and(b)the,contractor
who will actually construct the Improvements. Adclitional design and landscaping covenants are
attached hereto as Exhibit B.
Section 2. Submission of Information. Before construction of any Improvements is
commenced, an Owner shall submit to the Committee at the address to be provided to Owners by
the Homeowners Association two(2) complete sets of architectural plans and specifications for
the proposed.Improvements (including,without limitation,full site plans, elevations, floor plans,
exterior materials, exterior colors, driveway plan, and Iandscape plan)along with the name,
address and telephone number of the contractor who will actually perform the proposed work and
the name, address and telephone number of the Owner. Upon request by the Committee, an
Owner shall submit such additional information as shall reasonably be requested by the
Committee to evidence compliance with the requirements of this article.
Section 3. Review Peiiod. Within twenty (20) days of its receipt of all of the
documents to be submitted under Section 2 of this Article, the Committee shall either approve or
disapprove the plans and specifications for the proposed Improvements and the contractor who
will construct the proposed Improvements, The Committee may disapprove only for one or more of
the following reasons.-
(a)
easons:(a) The Committee shall have determined, in its sole discretion,that the contractor does
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not meet the Committee's standards of creditworthiness and/or does not build homes
of the same quality as are intended to be constructed or have been constructed on the
Real Property_
(b) Noncompliance with this Declaration.
(c) Failure of Improvements to be of a style or design compatible with,or of the same
general size,quality of construction and price range as Improvements built or to be
built on the Lots within the Real Properly.
(d) Failure of Improvements to be placed and oriented on a Lot in a manner
compatible with the Improvements built or intended to be built on the Lots
within the Real Property and in a manner compatible with the terrain of the Lot;
(e) Failure of Improvements otherwise to be in harmony of external design, style
and location with and in relation to surrounding structures, Improvements,
vegetation and topography. The Committee may require Improvements to be
located farther from the side,front or rear lot lines than the minimum building
setback requirements of City;
(f) Failure of a fence to be compatible with Improvements on adjoining Lots,and
with the character of the Plat as a whole,in terms of height,location,design,
materials and/or obstruction of views.
(g) Failure of the plans and specifications to show all information necessary to
evaluate the foregoing characteristics.
Section 4.Notice to Owner.The Committees determinations concerning proposed
Improvements shall be conclusive.If the Comumittee disapproves of a contracto:r or of plans and
specifications for proposed Improvements,it shall notify the Owner,in writing,of such
disapproval and,in the case of disapproval of plans and specifications,the matters that must be
cared to obtain approval. Such notice shall be deemed to be properly given if personally delivered
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to an Owner or if mailed to the Owner's address by first class mail postmarked no later than ten
(10) days after the Committee's receipt of all of the documents and information specified in
Section 2 of this Article III. If the Committee fails to approve,disapprove or request further
information from an Owner within ten(10)days after the Committee has received all of such
documents and information, approval shall be deemed given, and this article shall be deemed to
have been complied with.
Section 5, Enforcement.If the construction of Improvements is commenced without the
Committee's approval of the contractor and approval of the plans and specifications, or if
construction of Improvements is completed not in accordance with the approved plans and
specifications,the Committee, or the Owner of any Lot,may bring an action to enjoin further
construction and to compel the Owner to conform the Improvements to plans and specifications
approved by the Committee,provided that such action shall be commenced and a notice of lis
pendens shall be filed no later than one hundred eighty(180)days after the date on which the
Certificate of Occupancy for the Improvements in question is issued by the appropriate municipal
authority. If the nonapproved and/or nonconforming Improvements are made upon a Lot for
which a Certificate of Occupancy has been previously issued,the action shall be commenced and
a notice of lis pendens shall be filed within 180 days after the plaintiff in the action discovers or
learns of the Improvement.
Section 6.Retention of Records. The Committee shall retain all plans and specifications
submitted to it, and a record of all actions taken with regard to them,for a period of three(3)
years;after which such documents may be discarded or destroyed by the Committee.
Section 7. 0wner`s Remedy. In the event that the Committee shall fail to discharge its
obligations under Article III of this Declaration,then any Owner of a Lot may bring ara action to
compel the discharge of said obligations. Such an action shall be the exclusive remedy of any
Owner for failure of the Committee to discharge such obligations and neither the Committee nor
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any of its members shall be liable to any person for dwaages-direct,consequential,or otherwise.
Section 8. Architectural Liabili _The Committee shall be concerned about aesthetic
characteristics only and shall not assert architectural or engineering expertise in its review of
Plat's and specifications.In the course of its duties,the Committeemay request certain desigrx
modifications in the interest of producing overall ImprovMents more complementary to or
compatible with the Real Property and other Improvements thereon.It is the duty and
responsibility solely of each Owner to employ an architect or other qualified person to design the
Dwelling Unit and any Improvements and any requested modifications in a safe and
architecturally sound manner.Each Owner of any interest in a Lot,and such Owner's heirs,
successors and assigns waives any right to claim dannages from the Committee,its members,or
their managers, officers,governors or agents,arising out of or resulting from the Committee's
review,failure to review,approval or disapproval of plans and specifications furnished to the
Committee. It shall be the responsibility solely of Owner(and specifically not of the Committee
or its members)to comply with all municipal regulations,inchuhng setback requirements.
Neither the Committee nor its members,or their managers,officers,governors orr agents shall be
responsible or liable to any Owner,or anyone claiming under or through an Owner,in any manner
whatsoever for any defect in any plans or specifications submitted to the Committee or as revised
at the Committee's request, or for any work done pursuant to the requested changes to said plans
and specifications.Neither the Committee nor its members,or their managers,officers,governors
or agents shalt be responsible or liable to any Owner,or anyone claiming under or through an
Owner,in any manner whatsoever for any act or omission of a contractor approved by the
Committee.
Section 9, Turnover oArchitectural Control Committee On the date that is 180 days after
the date of issuance by City of the final Certificate of OccupAncy for the last Dwelling Unit
originally constructed on the eight(8)Lots,Steven R, Bohl,without any submission or action on
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his part, shall be deemed to have resigned from the Committee,and the Owners shall all be
deemed appointed as members of the Committee. 'Thereafter,the members of the Committee may
adopt such procedures and rules for appointment to the Committee as the members/Owners and
Association see fit.
ARTICLE IV
LAND USE REQUIREMENTS
Section 1. Residential Structures and Desi aNuirements No Lot or Dwelling Unit shall
be used except for single family residential purposes.No Dwelling Unit,building or structure
shall be erected or placed on any lot except one detached single family residence and accessory
structures related thereto together uith an attached garage designed to accommodate a minimum
of two but no more than three automobiles plus reasonable storage space.No building or structure
on any Lot shall exceed two stories in height as measured from grade. In the event a Dwelling
Unit includes a walkout or lookout basement,the basement shall not be counted as a story.
Accessory structures must have the same general style and exterior materials as the Dwelling Unit
on the Lot and must conform to municipal ordinances and the other provisions of this Declaration.
FARs shall not exceed 0.4 (or 40%.)
Section 2, Completion of Construction.All Dwelling Units, Improvements,buildings and
structures constructed,placed or remodeled on Lots shall be totally completed (including
completion of landscaping, driveways and other exterior improvements)within one(1)year after
commencement of construction„
Section 3. Structure Location.No structure shall be located on any Lot nearer to the front,
rear or side lot lines than,the minimum building setback lines permitted by applicable ordinances
of City or the Plat,
Section 4.Easements Reserved at Platting. Public easements for installation and
maintenance of utilities and drainage facilities are reserved as shown on the Plat unless vacated
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by action of City. Within these easements,no structure or other improvements shall be placed or
Permitted to remain which may damage or interfere with the installution,use and maintenance of
utilities and drainage.The area of each Lot within such easements shall be maintained
continuously by the Owner of the Lot except for improvements owned by a public authority or a
utility company,
Section S. Subdivision Prohibited.No Lot shall be divided or subdivided for any purpose
whatsoever.
Section 6.LandseVing EnWrments.promptly following construction of a Dwelling Unit
on a Lot,all areas between any public road adjacent to a Lot and the Dwelling Unit constructed
on such Lot shall be sodded or landscaped and,maintained by the Owner from such public road to
the nearest setback line of the Dwelling Unit.
Section 7. Cutting of Timber.Until termination of the Architectural Control Committee
under Section 9 of Article III of this Declaration,the cutting of trees and vegetation is under the
exclusive control and supervision of the Committee. The mAting of trees,whether to clear space
for building purposes or for firewood or for other purposes,shall be done only with the prior
written permission of the Committee,
Section 8. Driveway Access. Driveway access for the Dwelling Units constructed on the
Lots shall be to and from Glendale Cove.
Section 9. Co with Chy Resolution and Deve ent Ago ement. All Owners
shall comply at all times with the teams and conditions of approval of the Plat of Glendale Cove
asset forth in that certain City Of Orono City Council Resolution No. S"Q dated
ru. a6 2006,with all terms and conditions of that certain Development Agreement dated
July 20,2006 by and between the City of Orono and BohLand Glendale Cove,LLC,and with all
City of Orono and Minnehaha Creek Watershed District buffer requirements.
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ARTICLE V
PROHIBITED ACTIVITIES AND USES
Section l.Nuisances.No noxious destructive or offensive activities shall be carried on
upon any Lot or in any Dwelling Unit,nor shall anything be done thereon which may be or may
become an annoyance or nuisance to any Owner or be in violation of any statute,rule,ordinance,
regulation,permit or other validly imposed requirement of any governmental body.
Section 2.Livestock and poultry.No animals,livestock or poultry of any kind shall be
raised,bred or kept on any Lot, except that dogs, cats,and other household pets may be kept,
provided that they are not kept,bred, or maintained for any commercial purposes. The Owners of
any Lot shall keep no more than two cats and/or dogs at any one time except that a litter of kittens
or puppies may be kept until one month after they are weaned.
Section 3. Rubbish,No Lot shall be used or maintained as a dumping ground for rubbish,
except for normal construction debris during construction of subdivision improvements and
Dwelling Units. Said construction debris shall not be allowed to accumulate and remain on any
Lot. Trash, garbage, or other waste shall not be kept except in sanitary containers, which shall be
kept in a clean and sanitary condition.
Section 4. Temporary Structures.No structure of a temporary character or any trailer,tent,
shack, fish house,barn or other outbuilding shall be kept or stored on any Lot except within the
enclosed portion of a Dwelling Unit.
Section 5. S. igns.No signs of any kind shall be displayed to the public view on any Lot
except:
(a) .Any sign or signs not more than nine(9) square feet in size advertising the Lot and
Dwelling Unit for sale by the then Owner.
(b) Developers may place such directional and subdivision advertising signs as are
necessary, and one sign no larger than three(3)feet by four(4) feet in size may be
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SEP. 13, 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 44/59��
Placed on each Lot advertising the Lot for sale.
(c) Name and address signs not more than two(2)square feet in size and of a dignified
character.
Section 6. Soil and Grading No sod,soil,sand,gravel,ox timber,shall be sold or removed
from any Lot, except for the purpose of excavating for the construction or alteration of a Dwelling
Unit on said Lot or appurtenances thereto,the proper grading thereof,for landscaping,removal of
diseased or dead trees or for public road improvements.
Section 7.Driveways.,All driveways shall be hard-surfaced.
Section 8.Vehicles.No buses,trucks,recreational vehicles,house trailers,trailers,
snowmobiles,aircraft,inoperative vehicles,tractors,watercraft or unlicensed automobiles shall be
Parked,kept or stored on any Lot except on a tempomy basis(for less than 72 hours)unless
Parked,kept or stored within a closed garage,
Section 9. Non-Permitted Structures No television satellite dishes or antennas,or radio
or television antenna towers, or electric generating windmills or other similar structures shall be
permitted,provided however,that television satellite dishes or antennas may be permitted if,i)the
same is one(1)meter or less in diameter and is for the purpose of receiving direct
broadcast/satellite service or video programming services, or ii) it can clearly be demonstrated
that no adverse impact will be suffered by any Lot by the maintenance of such satellite dish or
antenna.No satellite dish or antenna of any sort shall be installed or maintained which is visible
from the front of neighboring properties.
Section 10. Commercial Bwldino and Businesses.There shall be no commercial buildings
erected on,or businesses conducted in,any of the Lots or Dwelling Units,except that it shall be
permissible for the Owner of a Lot to personally conduct a business or have an office in such
Owner's Dwelling Unit so long as the same does not constitute a nuisance or change the
residential character of the neighborhood and is incidental and secondary to the principal use of
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the Lot or Dwelling Unit for residential purposes. No sign advertising a business shall be
displayed on any Lot or Dwelling Unit.
Section 11. Rentiniz•No room or rooms in any residence may be rented or leased to any
person,provided,however,that nothing contained herein shall be construed as preventing renting
or leasing of an entire Lot or Dwelling Unit,together with its Improvements as a single unit to a
single farnHy,
ARTICLE V1
GENERAL PROVISIONS
Section 1.Enforcement, Each Owner shall have the right to enforce,by a proceeding at law
or in equity, all restrictions,conditions,covenants and reservations now or hereafter imposed by
the provisions of this Declaration.Until 1 So days after the date of issuance of a final Certificate of
Occupancy for the last Dwelling Unit originally constructed on the eight(8)Lots subject to this
Declaration, the Architectural Control Committee shall also have the right similarly to enforce all
restrictions, covenants,conditions and reservations imposed by this Declaration whether or not
the Committee is an Owner, Failure by the Committee or by any Owner to enforce any covenant,
condition or restriction herein contained on any one occasion shall in no event be deemed a
waiver of the right to do so thereafter. ne prevailing party in any proceeding to enforce the
provisions of this Declaration shall be entitled to recover the reasonable attorney's fees and costs
incurred by such party in the enforcement of this Declaration.
Section 2. Severability. Invalidation of any one of the restrictions, covenants, conditions
a-ad reservations of this Declaration by judgment or court order shall in no way affect any other
provision,and such shall remain in full force and effect.
Section 3. Duration. Except as provided in Section 9 of.Article IIY hereof,the covenants,
conditions and restrictions established by this Declaration are perpetual in duration,subject only
to termination if each of the Owners and First Mortgagees executes and records a written,
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instrument terminating this Declaration. Any such temmnation shall not,however,terminate the
obligations of the Owners and/or the conditions and restrictions imposed on the Owners and the
Lots by Article II or by Sections 3,8 and 9 of Article.1V of this Declaration unless the prior
written approval of City has been obtained for such termination.
Section 4.Amendment.This Declaration may be amended only by an amendment thereto,
in recordable form,executed by not less than all of the Owners of the eight(8)Lots and the First
Mortgagees of said eight(8)Lots, Any such amendment shall not,however,amend the
obligations of the Owners and/or the conditions and restrictions;unposed on the Owners and the
Lots by Article II or by Sections 3,8 and 9 of Article N of this Declaration unless the prior
written approval of City has been obtained for such amendment.
Section 5. Variances.The Architectural Control Committee hereby reserves the right to
grant a reasonable variance or adjustment of the conditions and restrictions of this Declaration in
order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the
strict application of the conditions and restrictions contained herein. Such variances or
adjustments shall be granted only in case the granting thereof shall not be materially detrimental
or injurious to other Lots or Improvements of the Real Property and shall not defeat the general
intent and purpose of this Declaration.
Section 6. Construction. Where applicable,the masculine gender of any word used herein
shall include the feminine or neutral gender,or vice versa,and the singular of any word used
herein shall also mean the plural,or vice versa. This Agreement shall be interpreted and enforced
in accordance with Minnesota law.
Section 7. Notices. All notices given under Section 4 of Article M of this Declaration shall
be given in the manner specified in said Section 4. All other notices,demands or communications
required to be given or otherwise given by or to the Architectural Control Committee or any
Owner, shall be in writing and shall be deemed to be properly given if personally delivered to any
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SEP, 13, 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS NO. 2964—P, 47/59
member of the Architectural Control Committee Or any Owner or when mailed to the Committee
at the address provided to Owners by the Association or to any Owner at such Owner's address as
stated in the records of the Property Tax Department of Hennepin County, Minnesota, for such
Owner's Lot. Mailed notice shall be deemed effective two(2)business days after being deposited
with the United States Postal Service with first class postage affixed.
BORLAND GLEND,A,LE COVE,LLC
By:
0—
Its:STATE OF OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoiZ
instrument was aclm wledged before me this��day of
2006,by_S'�tvw� . Pe A i theS1' '
of Bahl Glendale
Cove, LLC, a Minnesota limited liability company, on behalf of the limited liability company.
TN0TArRYP7V8LJC-M1N7NESGTA
=WN
OTA�:� 1 2010
0 1'ublac T
TTXX$INSTRU Mq r DRAFTED BY:
Christopher J.Pierson(#195170)
Pierson&Pierson,PLLP
1055 East wayzam Boulevard
Suite 303
Wayzata,MN 55391
9S2.473-1400
15
�SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0, 2964 P. 48/59
EXiE nrr A
LEGAL DESCRIPTION
Lots 3-I0,and Outlots A,and B,Glendale Cove,Hennepin County,Minnesota
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SEP, 13. 2006 11 .40AM Mail EDINA REALTY TITLE CLAIMS NO. 2964 P. 49/59
EXHMIT B
DESIGN AND LANDSCAPE COVENANTS
Architectural
• Each home must have either a full-depth sitting porch or a permanent courtyard on the
front of the home.
• No exterior railing visible from the street may be constructed of un-detailed, dimensional
lumber(e.g.2X4's.) All railings must be detailed,
+ All mailboxes shall be constructed and maintained to match each,other,with copper
mailboxes and matching posts.
* Exterior home colors will be such that no two homes in a row may have similar or
matching colors.
• Homes constructed on adjoining lots shall have substantially uniform setbacks.
• There shall be no vinyl or aluminum,soffits anywhere on any home.
+
If roofing shingles are asphalt,they must be dimensional.
• All"rambler" or other 1-story homes must achieve a partial 1 '/2 story appearance and
diminish open roof expanses by incorporating false dormers, entry canopies and similar
designs.
• All sides and backs of homes must have a similar level of architectural detail as the front
of the home,including but not Iimited to trim detail around windows, stone accents, shed
dormers, gables and gable treatments,window grids, and overhangs.
* No exterior wall shall span more than twenty five(25)feet without a break in material,
depth,or other accents.
• No 2-story home with south-facing rear yards shall have walk-out grade on more than
60% of said south face of the home.
Landscaping
• All landscaping must be completed within one growing season after completion of
construction of a Dwelling Unit on a Lot.
* Landscape plans must comply with all City of Orono requirements, including but not
limited to 2 trees.
• Any in-ground irrigation systems must be equipped with rain,sensors.
• Fencing, if approved, will be allowed only in backyards.
• All landscaping installed by.Developer must remain.
• Landscape lighting may be installed only in front yards.
17
AUG 29, 2007 8 AM Mail EDINA REALTY TITLE CLAIMS NO. 8272 P, 2/38
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AUG 1,5 X00
Metra Legg!Services Box 491
LRW EDIRET 468702 B
�presbyterlan CT7rrs I�IDEl .0 ASS Nr 607096 EAS 423698
�Gian#or; and th�h °o O"Ono 'Made this y7v� da
f Oroneen Calvin
o' a muni . taco onpro ft Corporation, hereinafter 2006, by and referred to as
° good and WrM'BSS, that rporatron, hereinafter referred to as "Grantee".
Grantor, does valuable consideGrantor, in consi
dem
Perpetual a hereby grant, b ation given b tion of the sum of One Dollar $I.00 and
includingthen ent for public ingain, sell andGrantee, the receipt of which is acknowledged by
access over, above,to Construct ingress
egress, and Vey to Grantee, its successors and assigns, a
$ennepin, leggy ve, under and and maintain the access for pedestrian trail purposes and uses,
Y described as follows s the land 1 an�' together with the right of the public for
([See attached E the State of Minnesota, County of ti
to cludxng' but not b ambit A which is made
cons t c install way of li pan of this document]
mitation
aPPurten maim � a full
ss the antes, incidental and n' operate and and hree right
and asisat the Cost
telated thereto, rep* a gray and authority
to enter upon said land
Peratio onably necessaryof Grantee °f which paved trail and any and all
n and repair of TheGranteea hereinafter referred to collectively
the rnlproea ntas.dvisable to all have the right to make use of said
Trietions C In addition construction, installation, maintenance,
°ntmned herein t' any Other rernedy the
ority to conG'antor covenant enforced by injunct1 Grantee may ,have, the covenants and
that it is in fee
Grantee
eY and grant flus easernen title to the
n Widthand ees that the improv and that the land is.freef,0M alleve propei.13,� acuunbr aces.s a lawfixl right and
uPoraneousl a&'ees that ed surface of an n an
ernent Said S a e in any oProved � � within the easement will not exceed 8
ger trail, easement i eal an s and S g�geh Semcut mill be constructed
d bollards to be ma ntai ed by the GranProhibiting tee a of
,r. A
w
Year set forth a boveESS WHEREOF, the Cnantor has
executed this document on the day and
GRANTOR
Calvin presb
a h'linnesota None ft Co horatiom of ,
rP aon.
r By:
Its: Stated CIerk
STATE OF ESOTA
i
COUNTY OF HENNEPIN ) ss.
.Walter B s�went � acknowied
the Stated Clerk of Cal Sed beforee flus
corporation, on be vin Presbyterian -�----_ day of A
half of the non Church of Orono, est, 2006, by
Profit corporation, , a Minnesota nonprofit
' E
LIC .
State Deed Tax Due Hereon:
This
went was drafted by:
City of Orono C.LINE I
2750 Kelley p Nosy�bt�Min� a
P.O. Box 66 �'kway
I#CATHEFUNE
,b,
Crystal Bay,MN 55323
,952)249-4600 fTHERINE C
Pub! TVE�T
1aMin
to„Epoy,�Jan 8O1G
w f'
EXHIBIT A
LEGAL MCRIMON
The north 12.00 feet of the south 21.15 feet of that part of Lot 2, Block 1, Glendale Cove lying east of the
northerly extension of the east line of Lot 3, said Block 1;
and
The north 6.00 feet of Lot 3 and that part of the south 6.00 feet of Lot 2 lying west of the northerly extension of the
east line of said Lot 3, all in Block 1, Glendale Cove.
ciG ZIl� ' ?N ;WiU1;i J1 A V71 Vf1ii(1� 1 ! N Wdr0 ; g I0QZV
SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS NO, 2964 P, 32/59
Doe No 8846349 08/16/2006 11:02 AM
Certified fled and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 246984 Deputy 25
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
SEP, 13, 2006 11 ,40AM Mail ED INA REALTY TIT''_E CLAIMS NO. 2964 P. 33/59
60�4AND FRJoR TAXES PAID
TAXPAYER
ENTEED
AUG 15 2006
N.
DECLARATION OF COVENANTS, Mero Lal- —
CONDITIONS AND RESTRICTIONS EDIRETQ468702 geg Box 491
607096 DEC 423690
FOR GLENDALE COVE
THIS DECLARATION is made this M 7'` day of vi � 2006,by BohLand.
Glendale Cove,LLC,a Minnesota limited liability company(,,Developer".)
RECITALS
A., Developer owns real property in the County of Hennepin, State of Minnesota,as set
forthh and described on.Exhibit A attached hereto(such real property referred to hereinafter as "the
Real Property").
B. Developer desires to impose upon and subject the Real Property to certain
covenants, conditions and restrictions for the benefit of Developer and the future owners of
the Real Property.
C. The Real Property's not subject to the Minnesota Common Interest Ownership Act, .
Minn.Stat, Chapter 515B, because it is exempt under Section 515B.1-102(e)(2)thereof.
NOW,THEREFORE, Developer hereby declares that all of the Real Property shall be held,
sold, conveyed and occupied subject to and together with the following covenants, conditions and
restrictions which are hereby declared to be for the benefit of all of the Real Property and the
owners thereof,their successors and assigns. These covenants, conditions and restrictions shall
1
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SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 34/59
run with the Real Property and shall be binding on all parties having or acquiring any right,
title or interest in the Real Property or any part thereof,their heirs,successors and assigns,and
shall inure to the benefit of each owner of the Lots comprising the Real Property, and are
imposed upon,the Real Property and every part thereof as a servitude in favor of each
and every part thereof
ARTICLE I
D + +ENMONS
The following words and phases,when used in this Declaration shall have the following
meanings;
I. "Architectural Control Committee"or"the Committee"shall mean and refer to a
committee of the Homeowners Association,consisting originally of only Steven R.Bohl, and
subsequently of others as described in Article JU, Section 9 below. The Committee will
undertake and perform the tasks and duties assigned to it hereby, and shall take action only by
the unanimous approval of all its members.
2. "City"shall mean the City of Orono, a Minnesota municipal corporation.
3. "Dwelling Unit"shall mean and refer to a single family housing unit,garage and
related improvements constructed on a Lot.
4. `9nooar Area Ratio"or"FAR"shall mean the ratio of total floor space of the Dwelling
Unit constructed on a Lot to the total Lot area. Total floor space shall include all floors
(basement,fust story, second story),all garage floors, all floors above the garage, and all 3-
season and 4-season porches,but not screen porches of less than 168 square feet. Floor Area
Ratios(or FARs)shall be expressed decimally(i.e. 0.40)or as a percentage,
5. "First Mortgagee"shall mean a person or entity owning a Mortgage on any Lot or
Dwelling Unit,which mortgage is fust in priority upon foreclosure to all other mortgages which
may affect such Lot or Dwelling Unit.
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6. "Homeowners Association"or"Association"shall mean Glendale Cove Homeowners
Association, a Minnesota non-prof t corporatioix that will have as members all Owners.
7. "Improvements"shall mean and refer to all"Improvements"described and identified
in Section I of Article III of this Declaration.
8. 'Lot"shall mean,and refer to any platted lot of which the Real Property is comprised
on which a Dwelling Unit is located or is intended to be located,including any Dwelling Unit
constructed thereon.
9. "Owner" shall mean and refer to the record owmer(s),whether one or more persons or
entities,of a fee simple title to any Lot subject to this Declaration,and shall not mean or refer to the
holder of any mortgage encumbering any such Lot unless and until such mortgage holder has
acquired fee title by foreclosure of said mortgage or deed in lieu of foreclosure and the period within
which the Owner may redeem from such foreclosure has terminated.Where any Lot is being sold by
the fee owner to a contract for deed purchaser who is entitled to possession of a Lot,the contract
purchaser shall be considered the Owner of such Lot. "Where any Lot is subject to a life estate ore
estates,the holder(s)of the life estate(s)shall be considered the Owner of such Lot.
10. "Plat"shall mean and refer to the plat;map of Glendale Cove,as recorded in the OfEce of the
Registrar of Titles or County Recorder of Hennepin County,Mmesota-
ARTICLE II
MAINTENANCE OF STORM WATER QUALITY TREATMENT POND
Section 1. The Pond and the Rain Garden. As a condition of its approval of the
development of the Real Property,the City of Orono has required that the parties hereto enter
into an agreement,which makes provision for the maintenance of one Storm Water Quality
Treatment Pond("the Pond") and one Rain Garden("the Rain Garden"),both to be
constructed by BohLand Glendale Cove, LLC within the boundaries of the Real Property, as
sai-poiad and rain garden are described and depicted in those certain construction plans drawn
A
SEP. 13. 2006 11 .40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 36/59
by Gronberg&Associates and approved by City.
Section 2. Maintenance. For purposes of this Declaration,maintenance of the Pond and
the fiain Garden shall mean maintenance as reasonably requested by City in writing.
Section 3. Maintenance by Homeowners Association, The Homeowners Association
shall be solely responsible for the maintenance of the Pond and the Rain Garden,and shall beat
all costs of such maintenance. If the Homeowners Association does not undertake maintenance
within 30 days of notification by City, City may undertake such maintenance, but the costs
reasonably incurred by City for performing such maintenance shall be reimbursed to City by the
Homeowners Association.
Section 4. Allocation. All costs which City may incur in performing Its maintenance
responsibility under this Agreement shall be reimbursed to City by the Homeowners
Association.
Section 5. City May Assess. On each occasion that City is required to perform the
maintenance,if City is not reimbursed within thirty(30)days by the Homeowners Association,
City may levy a special assessment against.all trots. The assessment shall be spread over a
reasonable period to be determined by City,but no less than five(5)years,together with
interest on the unpaid balance at a reasonable rate to be determined by City,but not to exceed
two(2)percentage points above the prime lending rate as published from time to time by the
Wall Street Journal. The current owners of the Real Property waive all procedural and
substantive objections to the public improvements and special assessments including but not
limited to heating and notice requirements and claims that the amount of the assessment
exceeds the benefit to the property. The right to appeal the assessments pursuant to NEM Stat,
§ 429.081 is also waived.
4
SEP, 11 2006 11 .40AM Mail EEEDINA REALTY TITLE CLAIMS N0. 2964 P. 37/59
ARTICLE III
ARCHITECTURAL CONTROL
Section I. Approvals. No Dwelling Unit, building,structure,addition,driveway,
sidewalk, wall, fence, garage, aerial,antenna,wire, pipe, mailbox, mailbox stand, exterior
ornament, swimming pool, landscaping, or other structure or foliage (hereinafter
collectively "Improv'ements") shall be commenced, constructed, altered, improved or placed
upon a Lot without the Architectural Control Comrnittee,s prior,written approval of(a)the plans
and specifications for said Improvements,including site location thereof, and(b)the contractor
who will actually construct the Improvements. Additional design and landscaping covenants are
attached hereto as Exhibit B.
Section 2. Submission of information. Before construction of any Improvements is
commenced, an Owner shall submit to the Committee at the address to be provided to Owners by
the Homeowners Association two(2) complete sets of architectural plans and specifications for
the proposed Improvements (including,without limitation,full site plans, elevations, floor plans,
exterior materials, exterior colors, driveway plan, and landscape plan,)along with the name,
address and telephone,number of the contractor who will actually perform the proposed work and
the name, address and telephone number of the Owner. Upon request by the Committee, an
Owner shall submit such additional information as shall reasonably be requested by the
Committee to evidence compliance with the requirements of this article.
Section 3. Review Period. Within twenty (20) days of its receipt of all of the
documents to be submitted under Section 2 of this Article,the Committee shall either approve or
disapprove the plans and specifications for the proposed Improvements and the contractor who
WW COnstrtlCt the proposeQ 3Mprove*nt,, T'he CoMnlittee may disapprove only for one or more of
the following reasons:
(,a) The Committee shall have detenriined, in its sole discretion,that the contractor does
5
c
SEP. 13. 2006 11 :40AM Mai 1 EDINA REALTY TITLE CLAIMS N0. 2964 P. 38/59
not meet the Committee's standards of creditworthiness and/or does not build homes
Of the same duality as are intended to be constructed or have been constructed on the
Real Property_
(b) Noncompliance with this Declaration.
(c) Failure of Improvements to be of a style or design compatible with,or of the same
general size,quality of construction and price range as Improvements built or to be
built on the Lots within the Real Property.
(d) Failure of Improvements to be placed and oriented on a Lot in a manner
compatible with the Improvements built or intended to be built on the Lots
within the heal Property and in a manner compatible with the terrain of the Lot;
(e) Failure of Improvements otherwise to be in harmony of external design, style
and location with and in relation to surrounding structures, Improvements,
vegetation and topography. The Committee may require Improvements to be
located farther from the side, front or rear lot lines than the minimum building
setback requirements of City;
(f) Failure of a fence to be compatible with Improvements on adjoining Lots,and
with the character of the flat as a whole,in terms of height,location,design,
materials and/or obstruction of views.
(g) Failure of the plans and specifications to show all information necessary to
evaluate the foregoing characteristics.
Section 4. Notice to Owner.The Committee's determinations concerning proposed
Improvements shall be conclusive.if the Committee disapproves of a contra;,wr or c-f plans and
specifications for proposed Improvemsuis, iz shy;nn y ;=Owner,in writing,of such
;LL-1-proval .ae case of disapproval of plans and specifications,the matters that must be
cured to obtain approval. Such notice shall be deemed to be properly given if personally delivered
6
SEF, 13, 2006 11 :40AM Mai 1 EDINA REALTY TIT'.E CLAIMS N0, 2964 P. 3 9/5 9
to an Owner or if mailed to the Owner's address by first class mail postmarked no later than ten
(10)days after the Committee's receipt of all of the documents and information specified W
Section 2 of this Article III. If the Committee fails to approve,disapprove or request further
information from an Owner within ten(10)days after the Committee has received all of such
documents and information, approval shall be deemed given, and this article shall be deemed to
have been complied with,
Section 5, Enforcement.If the construction of Improvements is commenced without the
Committee's approval of the contractor and approval of the plans and specifications, or if
construction of Improvements is completed not in accordance with the approved plans and
specifications,the Committee, or the Owner of any Lot,may bring an action to enjoin further
construction and to compel the Owner to conform the Improvements to plants and specifications
approved by the Committee,provided that such action shall be commenced and a notice of lis
pendens shall be filed no later than one hundred eighty(180)days after the date on which the
Certificate of Occupancy for the Improvements in question is issued by the appropriate municipal
authority. If the nonapproved and/or nonconforming Improvements are made upon a Lot for
which a Certificate of Occupancy has been previously issued,the action shall be commenced and
a notice of lis pendens shall be filed within 180 days after the Plaintiff in the action discovers or
learns of the Improvement.
Section 6.Retention of Records. The Committee shall retain all plans and specifications
submitted to i , and a record of all actions taken with regard to them,for a period of three(3)
years, after which such documents may be discarded or destroyed by the Committee.
Section 7. Owner's Remedy. In the event that the Committee shall fail to discharge its
obligations under Article III of this Declaration,then any Owner of a Lot may bring an action to
compel the discharge of said obligations. Such an action shall be the exclusive remedy of any
Owner for failure of the Committee to discharge such obligations and neither the Committee nor
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SEP. 13, 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 40/59
any of its members shall be liable to any person for damages-direct, consequential,or otherwise.
Section 8.NO Ardlftectn-al L"ab' ' _The Committee sball be concerned about aesthetic
characteristics only and shall not assent architectlual or engineering expertise in its review of
Plans and specifications.In the course of its duties,the Committeemay request certain design
modifications in the interest of producing overall Improvements more complementary to or
compatible with the Real Property and other Improvements thereon.It is the duty and
responsibility solely of each Owner to employ an architect or other qualified person to design the
Dwelling Unit and any Improvements and any requested modifications in a safe and
architecturally sound manner.Each Owner of any interest in a Lot,and such Owner's heirs,
successors and assigns waives any right to claim dunnages from the Committee,its members,or
their managers,officers,governors or agents,arising out of or resulting fxom the Committee's
review,failure to review,approval or disapproval of plans and specifications furnished to the
Committee. It shall be the responsibility solely of Owner(and specifically not of the Comro;ittee
or its members)to comply with all municipal regulations,including setback requirements.
Neither the Committee nor its members,or their managers,officers,governors or agents shall be
responsible or liable to any Owner,or anyone clairmiug under or through an Owner,in any manner
whatsoever for any defect in any plans or specifications submitted to the Committee or as revised
at the Committee's request, or for any work done pursuant to the requested changes to said plans
and specifications.Neither the Committee nor its members,or their managers,officers,governors
or agents shall be responsible or liable to any Owner, or anyone claiming under or through an
Owner,in any manner whatsoever for any act or omission of a contractor approved by the
Committee.
Section 9, Turnover of Arc 'tectural Control Committee. On the date that is 180 days after
the date of issuance by City of the final Certificate of Occupancy for the last Dwelling Unit
originally constructed on the eight(8)Lots,Steven R, Bohl,without any submission or action on
8
SEF, 13, 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS
NO, 2964 P. 41/59
his Part, shall be deemed to have resigned from the Committee,and the Owners shall all be
deemed appointed as ruembers of the Conunittee. 'thereafter,the members of the Committee may
adopt such procedures and rules for appointment to the Committee as the members/Owners and
Association see fit.
ARTICLE IV
LAND USE RFQLMM 1 INTS
Section 1, Residential Structures and Desi R uirements. No Lot or Dwelling Unit shall
be used except for single family residential purposes.No Dwelling Unit,building or structure
shall be erected or placed on any Lot except one detached single family residence and accessory
structures related thereto together with an attached garage designed to accommodate a minimum
of two but no more than three automobiles plus reasonable storage space.No building or structure
on any Lot shall exceed two stories in height as measured from grade. In the event a Dwelling
Unit includes a walkout or lookout basement,the basement shall not be counted as a story.
Accessory structures must have the same general style and exterior materials as the Dwelling Unit
on the Lot and must conform to municipal ordinances and the other provisions of this Declaration.
FARs shall not exceed 0.4(or 40%.)
Section 2, Completion of Construction All Dwelling Units,Improvements,buildings and
structures constructed,placed or remodeled on Lots shall be totally completed (including
completion of landscaping, driveways and other exterior improvements)within one(I)year after
commencement of construction,
Section 3. Stricture Location.No structure shall be located on any Lot nearer to the front,
rear or side lot lines than the minimum building setback lines permitted by applicable ordinances
of City or the Plat,
Section 4.Easements Reserved at Platting.Public easements for installation and
maintenance of utilities and drainage facilities are reserved as shown on the Plat unless vacated
9
SEP. 13. 2006 11 :40AM Mai 1 EDINA REALTY TITLE CLAIMS N0. 2964 P. 42/59
by action of City. Within these easements,no structure or other improvements shall be placed or
permitted to remain which may damage or interfere with the installation,use and maintenance of
utilities and drainage.The area of each Lot within such easements shall be maintained
continuously by the Owner of the Lot except for improvements owned by a public authority or a
utility company,
Section S. Subdivision Prohibited.No Lot shall be divided or subdivided for any purpose
whatsoever.
Section 6.Landsc:VLng ENuirements.Promptly following construction of a Dwelling Unit
on a Lot,all areas between any public road adjacent to a Lot and the Dwelling Unit constructed
on such Lot shall be sodded or landscaped and maintained by the Owner from such public road to
the nearest setback line of the Dwelling Unit.
Section 7. Cutting of Timber.Until termination of the Architectural Control Committee
under Section 9 of Article III of this Declaration,the cutting of trees and vegetation is under the
exclusive control and supervision of the Committee. The cutting of trees,whether to clear space
for building purposes or for firewood or for other purposes,shall be done only with the prior
written permission of the Committee.
Section 8. Driveway Access. Driveway access for the Dwelling Units constructed on the
Lots shall be to and from Glendale Cove.
Section 9. Compliance with City Resolution and Development Ago e�ment. All Owners
shall comply at all times with the terms and conditions of approval of the Plat of Glendale Cove
asset forth in that certain City Of Orono City Council Resolution No. SWO dated
A4 , 2006,with all terms and conditions of that certain Development Agreement dated
July 20,2006 by and between the City of Orono and BohLand Glendale Cove,LLC,and with all
City of Orono and Minnehaha Creek Watershed District buffer requirements.
IO
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ARTICLE V
PROHIBITED ACTIVI'T'IES AND USES
Section 1.Nuisances. No noxious destructive or offensive activities shall be carried on
upon any Lot or in any Dwelling Unit, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to any Owner or be in violation of any statute,rule, ordinance,
regulation,permit or other validly imposed requirement of any governmental body.
Section Z.Livestock and Poultry,No animals,livestock or poultry of any kind shall be
raised, bred ox kept on any Lot, except that dogs, cats,and other household pets may be kept,
provided that they are not kept,bred, or maintained for any commercial purposes.The Owners of
any Lot shall keep no more than two cats and/or dogs at any one time except that a litter of kittens
or puppies may be kept until one month alter they are weaned.
Section 3. Rubbish.No Lot shall be used or maintained as a dumping ground for rubbish,
except for normal construction debris during construction of subdivision improvements and
Dwelling Units. Said construction debris shall not be allowed to accumulate and remain on any
Lot. Trash, garbage, or other waste shall not be kept except in sanitary containers, which shall be
kept in a clean and sanitary condition.
Section 4. Temporary Structures No structure of a temporary character or any trailer,tent,
shack,.fis:_house, barn or other outbuilding shall be kept or stored on any Lot except within the
encloze,e 3rtion of a Dwelling Unit.
r
St .ion 5. S_ igns.No signs of any kind shall be displayed to the public view on,any Lot
exc;pt:
Any sign or signs not more than nine(9) square feet in size advertising the Lot and
Dwelling Unit for sale by the then Owner,
{b' Developers may place such directional and subdivision advertising signs as are
necessary, and one sign no larger than three(3) feet by four(4)feet in size may be
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SEP. 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 44/59^�
Placed on each Lot advertisiug the Lot for sale.
(c) Name and address signs not more than two(2)square feet in size and of a dignified
character.
Section 6. Soil and Grading.No sod,soil,sand,gravel,or timber,shall be sold or removed
from any Lot,except for the purpose of excavating for the construction or alteration of a Dwelling
Unit on said Lot or appurtenances thereto,the proper grading
thereof,for landscaping,removal of
diseased or dead trees or for public goad improvements.
Section 7.Thivewayg.,All driveways shall be hard-surfaced.
Section 8.Vehicles.No buses,trucks,recreational vehicles,house trailers,trailers,
snowmobiles,aircraft,inoperative vehicles,tractors,watercraft or unlicensed automobiles shall be
parked,kept or stored on any Lot except on a temporary basis(for less than 72 hours)unless
Parked,kept or stored within a closed garage,
Section 9. Non-Pcrmitted Structures. No television satellite dishes or antennas,or radio
or television antenna towers, or electric generating windmills or other similar structures shall be
Permitted,provided however,that television satellite dishes or antennas may be permitted if, i)the
same is one(1)meter or less in diameter and is for the purpose of receiving direct
broadcast/satellite service or video programming services, or ii) it can clearly be demonstrated
that no adverse impact will be suffered by any Lot by the maintenance of such satellite dish or
antenna.No satellite dish or antenna of any sort shall be installed or maintained which is visible
from the front of neighboring properties.
Section 10. Commercial Building and Businesses. There shall be no commercial buildings
erected on,or businesses conducted in,any of the Lots or Dwelling Units,except that it shall be
permissible for the Owner of a Lot to personally conduct a business or have an office in such
Owner's Dwelling Unit so long as the same does not constitute a nuisance or change the
residmdal character of the neighborhood and is incidental and secondary to the urincipal use of
12
SEP, 11 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0, 2964 F. 45/59
the Lot or Dwelling Unit for residential purposes. No sign advertising a business shall be
displayed on any Lot or Dwelling Unit.
Section 11. Renting.No room or rooms in any residence may be rented or leased to any
person,provided,however,that nothing contained herein shall be construed as preventing,renting
or leasing of an entire Lot or Dwelling Unit,together with its Improvements as a single unit to a
single faa-dly.
ARTICLE VY
GENERAL PROVISIONS
Section 1.Enforcement, Each Owner shall have the right to enforce,by a proceeding at law
or in equity, all restrictions,conditions, covenants and reservations now or hereafter imposed by
the provisions of this Declaration.Until 180 days after the date of issuance of a final Certificate of
Occupancy for the last Dwelling Unit originally constructed on the eight(8) 'Lots subject to this
Declaration, the Architectural Control Committee shall also have the right similarly to enforce all
restrictions, covenants,conditions and reservations imposed by this Declaration whether or not
the Committee is an Owner, Failure by the Committee or by any Owner to enforce any covenant,
condition or restriction herein contained on any one occasion shall in no event be deemed a
waiver of the right to do so thereafter. The prevailing party in any proceeding to enforce the
provisions of this Declaration shall be entitled to recover the reasonable attorney's fees and costs
incurred by such party in the enforcement of this Declaration,
Section 2. Severability. Invalidation of any one of the restrictions, covenants, conditions
and reservations of this Declaration by judgment or count order shall in no way affect any other
provision,and such shall remain in full force and effect.
Section 3. Duration. Except as provided in Section 9 of Article III hereof,the covenants,
conditions and restrictions established by this Declaration are perpetual in duration,subject only
to termination if each of the Owners and First Mortgagees executes and records a written
13
1
SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS NO. 2964 P. 46/59
instrument ternunatLg this Declaration. Any such termination shall not,however,terminate the
obligations of the Owners and/or the conditions and restrictions imposed on the Owners and the
Lots by Article II or by Sections 3,8 and 9 of Article IV of this Declaration unless the prior
written approval of City has been obtained for such termination.
Section 4. lent.This Declaration may be amended only by an amendment thereto,
in recordable form, executed by not less than all of the Owners of the eight(8)Lots and the First
Mortgagees of said eight(8)Lots, Any such amendment shall not,however,amend the
obligations of the Owners and/or the conditions and restrictions imposed on the Owners and the
Lots by Article H or by Sections 3, 8 and 9 of Article IV of this Declaration unless the prior
written approval of City has been obtained for such amendment.
Section 5.Variances.The Architectural Control Committee hereby reserves the right to
grant a reasonable variance or adjustment of the conditions and restrictions of this Declaration in
order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the
strict application of the conditions and restrictions contained herein. Such variances or
adjustments shall be granted only in case the granting thereof shall not be materially detrimental
or injurious to other Lots or Improvements of the Real.Property and shall not defeat the general
intent and purpose of this Declaration.
Section 6. Construction. Where applicable,the masculine gender of any word used herein
shall include the feminine or neutral gender,or vice versa,and the singular of any word used
herein shall also:mean the plural,or vice versa. This Agreement shall be interpreted and enforced
in accordance with Minnesota law.
Section 7. Notices. All notices given under Section 4 of Article M of this Declaration shall
be given in the manner specified in said Section 4. All other notices,demands or communications
required to be given or otherwise given by or to the Architectural Control Committee or any
Owner, shall be in writing and shall be deemed to be properly given if personally delivered to any
14
• SEF, 13. 2006 11 :40AM Mail EDINA REALTY TIT''_E CLAIMS NO. 2964�P, 47/59
member of the Architectural Control Committee or any Owner or when mailed to the Committee
at the address provided to Owners by the Association or to any Owner at such Owner's address as
stated in the records of the Property Tax Department of Hennepin,County, Minnesota,for such
Owner's Lot. Mailed notice shall be deemed effective two (2)business days after being deposited
with the United States Postal Service with first class postage affixed.
BORLAND OLENDA.LE COVE,LLC
By:
Its: wry t
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was ackn vvledged before me this��day of '-
2006, by S' 6,4,7 0�+ the 51' '
Cove, LLC, a Minnesota limited liability company, on behalf of the limited liability company. le
7N0TARYPV8UG-
STOPWR J.PIERSON
MINNESOTAA LL,
mmission Moires Jin 312010
Vo Public
THXS INSTRUMENT DRAFTED BY:
Christopher].Pierson 0195170)
Pierson&Pierson,PLLP
1055 East'Wayzara Boulevard
Suite 303
Wayzara,RIN$5391
952.473-1400
15
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• SEP. 13, 2006 11,. 40AM Mail EDINA REALTY TIT_E CLAIMS N0. 2964 P, 49/59
EXHIBIT B
DESIGN AND LANDSCAPE COVENANTS
Architectural
• Each home must have either a full-depth sitting porch or a permanent courtyard on the
front of the home,
• No exterior railing visible from the street may be constructed of un-detailed, dimensional
lumber(e.g.2X43 s,) All railings must be detailed.
• All mailboxes shall be constructed and maintained to match each other,with copper
mailboxes and matching posts.
• Exterior home colors will be such that no two homes in a row may have similar or
matching colors.
• domes constructed on adjoining lots shall have substantially uniform setbacks.
• There shall be no vinyl or aluminum soffits anywhere on any home.
•
If roofing shingles are asphalt,they must be dimensional.
• All"rambler"or other 1-story homes must achieve a partial 1 '/2 story appearance and
diminish open roof expanses by incorporating false dormers, entry canopies and similar
designs.
• All sides and backs of homes must have a similar level of architectural detail as the front
of the home,including but not limited to trim detail around windows, stone accents, shed
dormers, gables and gable treatments,window grids, and overhangs.
• No exterior wall shall span more than twenty five(25)feet without a break in material,
depth, or other accents.
• No 2-story home with south-facing rear yards shall have walk-out grade on more than
6.0% of said south.face of the home.
Landscaping
• All landscaping must be completed within one growing season after completion of
construction of a Dwelling Unit on a Lot.
* Landscape plans must comply with all City of Orono requirements, including but not
limited to 2 trees.
Any in-ground irrigation systems must be equipped with rain,sensors.
• Fencing, if approved, will be allowed only in backyards.
• All landscaping installed by Developer must remain.
• Landscape lighting may be installed only in front yards.
17
Doc No 8846352 08/161200611:02 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 246984 Deputy 25
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
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TRANSFER ENTERED
HWEPIN COurm TAXPAYER SERVICES
G 006
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D-
(reserved for recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this / day ofA�JJA='; 2006, by and between
BOHLAND GLENDALE COVE, LLC, a Minnesota 1' ted liability company, the Grantor,
and the CITY OF ORONO,a Minnesota municipal corporation("City"). -f
Metro Legal Services Box 491
�EDIRET 468702 B
WITNESSETH: 607496 EAS 423692
i
The Grantor(s) on behalf of itself,its heirs, successors and assigns, in consideration of good
and valuable consideration paid by the City, the receipt and sufficiency of which is hereby
acknowledged,hereby covenants and agrees as follows:
1. Permanent Flowage and Conservation Easement. The Grantor hereby creates and
grants unto the City a permanent flowage and conservation easement for the
purposes set forth in this instrument,over,under,and across the Wetland and
Wetland Buffer as described in the site plan attached hereto as Exhibit A(the
'Basement Premises").
2. Establishment of Wetland Buffer. As shown on Exhibit A, Wetland Buffers are
created for the areas abutting the following lots:
Lot 1, Block 1, and Lots 3 through 10,Block 1,and Outlots A and B,
GLENDALE COVE, Hennepin County, Minnesota.
The Wetland Buffer is the zone or area located within 25 feet from the edges of all
of the wetlands shown on Exhibit A. The Wetland Buffer shall be established and
improved to become an"acceptable buffer area"as described within City
Ordinances,and shall thereafter be maintained by Grantor(s)-in perpetuity free from
mowing or other vegetative disturbance,fertilizer application,yard or other waste
disposal,the placement of structures or any other alteration that impedes the function
125005 1
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of the buffer in protecting the quality of water in the wetland or buffering flows into
the wetland.
3. Maintenance of Wetland Buffer. The Wetland Buffer shall be maintained by
Grantors) in perpetuity as an "acceptable buffer area" as described within City
Ordinances, free from mowing or other vegetative disturbance,fertilizer application,
yard or other waste disposal,the placement of structures or any other alteration that
impedes function of the buffer in protecting the quality of water in the wetland or
b ffeflows into the wetland.
4. Establishment of No-Build Area. As shown on Exhibit A, "no-build" areas are
created for the lots abutting the Wetlands. No structure may be built within 20 feet
from the edge of the Wetland Buffer for all lots, except that Lot 10 is granted a
reduction in the no build area from the edge of the wetland buffer from 20 feet to
10 feet. A 20 foot structure setback is also required from the replacement buffer
areas.
5. Wetland Regulations.The following are prohibited in perpetuity within the Wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground egtupment, roads, hardcover of
any kind, underground utility lines and distn'button equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders,bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
pati
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors) .may remove brush, diseased or dead trees of any size, and
noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat,gravel,soil or any other natural material,
D. The deposit of waste,yard waste,or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers,whether natural or chemical,
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
6. Wetland Buffer Regulations. The following are prohibited in perpetuity within the
Wetland Buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles,playground equipment,roads or hardcover of any nature
125005 2
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whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantor(s) may
remove brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat, gravel, soil or any other natural material.
D. The deposit of waste,yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers,whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
7. Grantor(s) for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
8. Grantor(s) reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching; the study of
nature; and all other acts of a similar nature or purpose.
9. Grantor(s) hereby grant, gift, quit claim and convey to the city , a perpetual
flowage easement and right and privilege to trespass with water over and upon
any or all of the Easement Premises.
10. Grantor(s)herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and employees of and from any and all
claims, demand or causes of action of any kind or nature whatsoever which may
arise or accrue by virtue of any flowage or trespass with water within terms of
these agreements.
11. Grantor(s)do not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
125005 3
HA) '� 11 l r '0N VITI V1;a 1 1 1 HHN i CA Uli��G, 2 1002 'bl 'MVV
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IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTOR:
BORLAND GLENDALE COVE,LLC
Q)
By:
(� f
Its: _ ��S�rl�-��E.►
STATE OF MINNESOTA )
)ss. .
COUNTY OF qrc }
The foregoing instrument was acknowledged before a this , day of August,2006,
by Steven R Bohl, the President and Chief Manager oohLand Glendale Cove, LLC, a
Minnesota limited liability company,on behalf ofth 'ted ' bUity compLare
F- W
CHNSTOM
WTAWP PBOTAARYMy emmledon .2010
DRAFTED BY:
Campbell Knutson
Professional Assmiatian
317 Eagandale Office Center
1380 Corporate Carta Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
125005 4
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i GLENDALE COVE
WETLAND BUFFER REPLACEMENT PLAN FOR
BOHLAND DEVELOPMENWHICKORY FINE HOMES, AND KEITH WILLIAMSON
OF LOT 1,BLOCK 1,BELLE AIRE ESTATES FB=ARRANGEMENT,AND
LOT 14,BLOCK 1,BELLE AIRE ESTATES,AND LOT 1,BLOCK 1,ULMER ESTATES,AND
IN THE SW 1/4 OF SEC.34-118-23
z HENNEPN COUNTY,MINNESOTA
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Doc No 8846565 08/16/2006 12:26 PM
Certified fled and or recorded on above dat ?
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Re der
TranSID 2 044 Deputy 25
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
Tr
'nNI WIHI I I n I V x HNI7 C� P 1 VI'7' '67 'env
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
UG 15 006
INTI
M �
Metro Legal Services Boa 491
EDIRET 468702 B
607096 EAS 43689
TRAIL EASEMENT
THIS INDENTURE, made this )j:* day of August, 2006, by and between
BoW-and Glendale Cove, LLC, a Minnesota limited liability cornpany hereinafter referred to as
"G Itor(s)", and the City of Orono, a municipal corporation,, hereinafter referred to as "Grantee".
WITNESS, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration given by Grantee, the receipt of which is acknowledged by
Grantor(s), do(es) hereby brant, bargain, sell and convey to Grantee, its successors and assigns, a
perpetual easement for public ingress, egress, and access for trail purposes and uses, including
the
right to construct and maintain the same, together with the right of the public for access over,
above, under and across the land located in the State of Minnesota, County of Hennepin, legally
described as Follows:
A 10' trail easement shall be dedicated along the westerly boundary line of Lots 1 and 10
and Outlots A and B, Block 1, Glendale Cove, to allow for future extension of the City's public
trail system along Willow Drive, including, but not by way of limitation, a full and free right and
authoxity to enter upon said land to const7ru4 install, maintain, operate and repair a gravel or
paved trail and any and all appurtenances, incidental and related thereto, (all of which are
hereinafter referred to collectively as the Improvements). The Grantee shall have the right to
make use of said land as is reasonably necessary and advisable to the construction, installation,
maintenance, operation and repair of the Improvements.
In addition to any other remedy the Grantee may have, the covenants and
restrictions contained herein may be enforced by injunction.
Grantor(s) covenant that they are in fee title to the above property, have a lawful
right and authority to convey and grant this easement, and that the land is free from all
encumbrances.
Q�/* 7170 M, V V�v11ICAl iAl-', P n7 'h7. �ny
IN WITNESS WHEREOF, the C=ntor(s) have executed this document on the day
and year set forth above,
GRANTOR(S)
BohLand Glendale Cove, LLC
By;
Its:
STATE Off' MIlVNESOTA }
ss.
COUNTY OF HENNEPIN )
This mtr=ent was acknowledged before me on this q day of August, 2006 by
Steven R. Bohl, the President and Chief lVlanage;Ihitit:eompany.nd GlendaleCove, LLC, a
Minnesota limited liability company, on behalfd liability c
CHRISTOPHER J.PIERIC•NNNM 'jrA r'
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State Deed Tax Due Hereon: CIS—J pi OR
nvrw PUP c-M1NNErA
This instrument was drafted by: MY CW miss E* 6 Jm 31,2010
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952)249-4600
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% Metro Legal services Box 491
EDMET 468702 B
607096 DEC 423691
DECLARATION
THIS DECLARATION ("Declaration")is made this ����' day of
2006,by SohLand Glendale Cove,LLC, a Minnesota limited
liab' ' -company("Declarant").
REMALS
WHEREAS, Declarant is the owner of real property within the City of
Orono,Hennepin County,Minnesota,platted and legally described as:
Lots 3 through 10 and Outlots A and S,
GLENDA.LE COVE,Hennepin County,
(the"Property"),and no one other than Declarant has any night,title or interest
in the Property,; and
WHEREAS,the Property constitutes the entirety of the land to which
Minnehaha Creels Watershed District Permit#06-046 applies; and
WHEREAS,Declarant desires to subject the Property to certain conditions
and restrictions imposed by the N innehaha Creek Watershed District as a
condition to issuance of their Permit#06-046 for the mutual benefit of the owners
of the Property,
NOW,THEREFORE,Declarant makes this Declaration and hereby
declares that this Declaration shall constitute covenants to run with the Property
in perpetuity,and further declares that the Property shall be owned,used,
occupied, and conveyed subject to the covenants, restrictions, easements,charges
and liens set forth in this Declaration,all of which shall be binding on all persons
owning or acquiring any right,title or interest in the Property, and their heirs,
successors,personal representatives,and assigns.
6S/l� 'd b06Z 'T" SAIC1 ]11I1 hilu3d dwl0� � ! �A AbOtr ll 90QZ '�l 'd�S
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1. Wetland Buffer. The wetland buffer,measuring 20 feet in width at
all points surrounding the wetlands as delineated on the site plan for the
Property attached hereto and incorporated herein as Attachment A,shall be
maintained by Declarant in perpetuity free from snowing or other vegetative
disturbance,fertilizer application,yard or other waste disposal,the placement
of structures or any other alteration that impedes the function of the buffer in
protecting the quality of water in the wetland or buffering flows into the
wetland.
2. Street Sweeping. All streets and public ways within the Property
shall be swept at least twice each year,in the spring following snowmelt and in
the fall after leaf fall.
3. Sto:rmwater Facility Maintenance. The terms of Attachment B,
incorporated herein,shall apply to the stormwater management facilities
indicated on Attachment A.,identified as follows:
1 Stormwater Management Pond
Z Rain Garden.
4. Swales and Pervious Areas. The naturally vegetated swales,
measuring 2 O feet in width shown on the site plan for the property attached
hereto and incorporated herein as Attachment A,shall be maintained by
Declarant in perpetuity free from mowing or other vegetative disturbance,
fertilizer application,yard or other waste disposal,the placement of structures or
any other alteration that impedes the function of the vegetated swale as a buffer
in increasing water quality of water flowing through this area.
3. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF,the undersigned has executed this instrument
the day and year first set forth.
DECLARANT:
BohLand Glendale Cove,LLC
By: --Q-C4�
Its: __ 1 S
2
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STATE OF MINNESOTA)
)ss.
COUNTY OF &ezoLn )
Th instnuxtent was aCknowledged before me this L` day of
2006,by Steven R.Bohl,President and Chief Manager of
Bo and Glendale Cove,LLC, a Minnesota limited liability company, on behalf
of the limited liability company.
O�RJ.PtERSON �
1�(JFARY PlBlIC- 'fA -�.
M1'Comrn�ion f�ss.tan.31,
Public
This Instrument Was Drafted By:
Christopher J.Pierson
Pierson&Pierson,PLLP
1055 East Wayzata Boulevard
Suite 303
Wayzata,MNT 55391
3
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ATTACEMENT B
STORMWATER iKACILny MAINTENANCE
These terms apply to the stormwater facilities constructed pursuant to Minnehaha
Creek Watershed District permit application number 06-046.
WHEREAS,application has been made for a permit from the MCWD pursuant
to MCWD Rule N, Stoxmwater Management;and
VM ERE+AS,the property that;is the subject of the permit is legally described in
the Declaration into which this Attachment is;incorporated,and the facilities on the
Property to which these maintenance requirements apply are as.follows:
1 Stormwater Management Pond
I Rain Garden
WEEREAS,MCWD Mule N provides that a maintenance agreement shall be
submitted for stormwater treatment ponds,outlet structures for such ponds,culverts,
outfall structures and all other sto=water facilities,and that the maintenance agreement
shall specify methods,schedule and responsible parties for maintenance and must include
at a minimum,the elements contained in the District's Maintenance Agreement Foma.
NOW,THEREFORE:
1. 'The property owner shall inspect the stormwater retention and treatment
basin(s)at a minimum of once a year 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 wet storage volume by%z of;its original design volume.
Based on this inspection,if the stormwater basin(s)is identified for sediment cleanout,
the property owner shall restore the basin(s)to its original design contours within one
year of the inspection date.
2. The property owner 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. The property owner shall remove all
sediment and debris during the inspections such that the stormwater facilities operate as
designed and permitted.
3. Rana gardens must be kept clean of excess sediment and debris.Healthy
plant growth must be maintained in the gain gardens by removing dead vegetation in the
spring of each year.
4. Violation of the inspection and/or maintenance provisions of this
,Agreement is a violation of the MCWD permit for the project for which the MCWD may
take action against the property owner.
Attachment B to Farm Declaration
65/tis 'd ti96Z 'ON SWIVIO 31111 AiIVH VNI03 [ !PN NVO : l l 9002 'Sl 'd3S
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S. "Property owner" as used in this Attachment means the owner of the
property on which is located the stormwater facility to which the obligations herein.
apply.
Attachment B to form Declaration
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GLENDALE COVE
WERAND BUFFER REPLAGEMFNT PLAN FOR t
BOHLAND DEVELOPMENTIHICKORY FINE HOMES, AND KEITH WILLIAMSON
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OF LOT 1,BLOCK 1,BELLE AIRE ESTATES REARRANGEMENT.AND ti
rn LOT 14,BLOCK 1,BELLE AIRE ESTATES,AND LOT 1,BLOCK 1,UI.MER ESTATES,AND
N v
IN THE SW 114 OF SEC.34-118.29
z HENNEPIN COUNTY,MINNESOTA
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AMENDING and SUPERSET)NG DECLARATION
This Amending and Superseding Declaration �,
day ofFebruary, 2007 b ("Declaration )is made this ��`�
nonprofit corporation Y c Glendale Cove Homeowners Association Inc. a
("Dec ). –��—
> Minnesota
Metro Legal sen-ices Boa 491 +
RECITALS irDIRET 813668 A
673964 OTH 440763
WHE,REAS, Declarant is the owner of real roe I
Hennepin County, Mnneso p P rtY within the City of Orono,
�,platted and legally described as;
Outlots A and B,GLENDALE COVJE,Hennepin Co
(the"Pro ert �tY�
p Y"),and no one other than Declarant has
ProParty,and any right, title or interest in
the
WHEREAS,
Creek Watershed DistricttheProperty constitutes a
t
Portion of the land to which Minne
}Permit#06-046 applies; haha
WHEREAS, Declarant desires to subject the pro •
restrictions imposed by the District as a condition to issuance of their P
the benefit Of the owners of the Property and the D• property
to certain conditions and
istnct;and ermit# 06-046 for
"EREAS, Declarant and the District intend that
replace two prior declarations recorded on the Pro a this Declaration supersede and
the District; P rty as conditions ofm
P is issued by
.NOW, THEREFORE,Declarant malt
es
that this Declaration shall constitute covenants to run nth e p°j and hereby
further declares that the Pra declares
1 rtY shall be owned, used,Occupied, and conveyedsubject
ja
to the covenants, restrictions, easements, charges and liens set fort
all of which shall be binding on all persons owning or acquirin
in the Property, and their heirs,successors h sn this Declaration,
Personal
representatives,
s, and t° title ; interest
assigns;
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AND FURTHER that the covenants herein are established for the benefit of the
District as a public body and for the benefit of appurtenant public resources,and are not
intended as"private covenants,conditions or restrictions"within the meaning of
Minnesota Statutes §500.20.
1. Wetland Buffer. The vegetated buffer surrounding the wetland,as
delineated on the site plan for the Property attached hereto and incorporated herein as
Attachment A,will be maintained by Declarant in perpetuity free from mowing or other
vegetative disturbance,fertilizer application, yard or other waste disposal,the placement
of structures or any other alteration that impedes the function of the buffer in protecting
the quality of water in the wetland or buffering flows into the wetland.
2. . Street Sweeping.All streets and public ways within the Property will be
swept at least twice each year, in the spring following snowmelt and in the fall after leaf
fall.
_ I
3. Stormwater Facility Mainteuanee, The terms of Attachment B,
incorporated herein,will appy to the stormwater management facilities indicated on
Attachment A, identified as follows:
Stormwater Pond
Rain Garden
4. Recitals. The recitals set forth above are expressly incorporated herein.
5. Prior Declarations Superseded and Vacated. The two documents titled
"Declaration"filed on the Property in the Office of the County Recorder,Hennepin
County, Minnesota as Document Number 7755298 on June 24,2002,and as Document
Number 8846351 on August 15,2006,aredeemed superseded and vacated on the filing
of this Declaration.
2
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N WITNESS WHEREOF, the undersigned has executed this instrarnent the day
and year first set forth.
DECLARANT
Glendale Cove Ho wners ociatio c.
By:
Steven R, Bohl - President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
I
The foregoing instnunent was acknowledged before me this /1:;� day of
February,2007,by Steven R. Bohl, President of Glendale Cove homeowners
Association,Inc., a Minnesota nonprofit corporation, on half of the corporation.
wvrMn�w
CATHERNE0.MMST
Nrksiy P tnt;-
hyC���s�a►a+,Pata
f vtil V i4'L1'Y 4'Y�10.y��
otary Public
Accepted by: MINNEHA EK W HED DISTRICT
V:
VHZ�Oensnistrator
STATE OF MINNESOTA)
) ss.
COUNTY OF )
I
The foregoing instrument was acknowledged before me this day of
February,2007,by Eric Evenson as Adn-drdstrator,Mhmehaha.Creek Watershed
District,
�wr�{�1�
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This Instrument Was Drafted By:
Christopher J.Pierson
Pierson&Pierson,FLT.?
1055 East Wayzata Boulevard,Suite 303
Wayzata,MN 55391
952-473-1400
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ATTACHMENT B
STORMWATER FACILITY MAINTENANCE
These terms apply to the stormwater facilities constructed pursuant to Minnehaha
Creek Watershed District permit application number 05-046.
WHEREAS, application has been made for a permit from the MCWD pursuant
to MCWD Rule N, Stormwater Management;and
WHEREAS, the property that is the subject of the permit is legally described in
the Declaration into which this Attachment is incorporated,and the facilities on the
property to which these maintenance requirements apply are as follows: 1
Stormwater Pond
Rain Garden
WHEREAS, MCWD Rule N provides that a maintenance agreement shall be
submitted for stormwater treatment ponds,outlet structures for such ponds,culverts,
outfall structures and all other stormwater facilities,and that the maintenance agreement
shall specify methods,schedule and responsible parties for maintenance and must include
at a minimum, the elements contained in the District's Maintenance Agreement Form.
NOW, THEREFORE:
1. The property owner shall inspect the stormwater retention and treatment
basin(s)at a minimum of once a year 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 wet storage volume by V2 of its original design volume,
Based on this inspection, if the stormwater basin(s)is identified for sediment cleanout,
the property owner shall restore the basin(s)to its original design,contours within one
year of the inspection date,
2. The property owner 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. The property owner shall remove all
sediment and debris during the inspections such that the stormwater facilities operate as
designed and permitted.
3. Rain gardens must be kept clean of excess sediment and debris. Healthy
plant growth must be maintained in the rain gardens by removing dead vegetation in the
spring of each year.
4. Violation of the inspection and/or maintenance provisions of this
Agreement is a violation of the MCWD permit for the project for which the MCWD may
take action against the property owner.
�r/�l ZIZF '0111 �;Ihl?H1 i ;7 ' ' I 07V` Nil
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5. "Property owner"as used in this Attachment means the owner of the
property on which is located the stormwater facility to which the obligations herein
apply.
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