HomeMy WebLinkAboutResolution 957RESOLUTION NO. 957
A RESOLUTION APPROVING THE PLAT OF ORONO OAKS
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
subdivision regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, the City Council has considered the application
for a subdivision plat by Richard Neslund (Colpepper Land Company)
and Ralph Carlson Companies, Inc., the subdivider; and
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, including:
1. Platting of the property into Single Family Residential
lots meeting the zoning code performance standards for the
RR -1B zoning use district, including a density ratio of at
least 2.0 acres of dry -buildable land per dwelling unit and
• site investigation to determine on-site sewage treatment
system capabilities on each such lot.
2. Dedication on the plat of rights of way for public
streets and roads, shown as Orono Orchard Road North.
3. Creation of a new private road shown on the plat as
Outlot A, to be known henceforth as Orono Oaks Drive.
Concurrent with the creation of this private road,
the subdivider has dedicated to the City, a Road and
Utilities Easement (Exhibit A) granting to the City
permanent access, improvement and utility easements over
said Outlot. The City does not intend to acquire or
open said road as a public roadway but does intend to
assure permanent access for emergency vehicles, public
service vehicles and other invited guests of the
individual owners' of said road.
4. Creation of a new Private Driveway Easement (Exhibit B)
for ingress, egress and utility purposes over Lots 10 & 13
in favor of Lots 9 & 10.
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Resolution No.
Page 2
5. Creation of a Homeowner's Association to be known
as "Orono Oaks Association, Inc.",.for purposes to
include the "owning, managing, maintaining, repairing,
replacing and operating" of the Private Road and other
commonly owned properties, which maintenance shall
ensure a continuing standard of quality equal to the
quality approved by the City as a part of this Subdivision
or as otherwise may be required from time to time by
Ordinance of the City.
6. Dedication on the plat of "dra mage easements" and
"drainage and utility easements".
7. Dedication to the City of a Flowage and Conservation
Easement (Exhibit C) providing for limitations on the
use of wetlands and/or drainageways described therein
and shown on the plat as "wetland" and/or "drainage
easements".
• 8. Execution of an Improvement Agreement providing for
the installation and/or payment for the installation of
certain Roadway Improvements to Orono Orchard Road
involving the change of grade -of said Rdad to improve
the safety of the intersection of said Road with the
new Private Road. -
9. 'Payment to the City of a Park Dedication Fee in the
amount of $3,250.00.
10.-, Payment of all Variable Additional Costs incurred'
by the City in processing and review of this subdivision
application.according to Ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby approves the -plat of Orono Oaks, Hennepin
County, Minnesota; subject to the following conditions:
1. Pending compl etion'of the agreed upon Improvements
to Orono Orchard Road, the subdivider shall close to all
.traffic the permanent intersection on Outlot A and shall
provide a temporary intersection and roadway across lot
12 to connect Orono Orchard Road and the new Private Road.
• Upon completion of the Improvements satisfactory to the
City, the existing temporary intersection across lot 12
shall be closed and removed by the subdivider and/or the
owner of lot 12, and the permanent intersection on Outlot
A shall be opened to use.
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Resolution No.
Page 3
2. No access or curb cut shall be permitted onto Orono
Orchard Road except for the new Private Road (for Lots 1-9,
11 & 12) and the new Private Driveway (for Lots 9, 10 & 13).
3. Installation of septic systems on most lots may require
additional testing and/or installation of innovative designs
such as mound systems, which testing and/or design will be
required before issuance of any building permit. This
condition is required for compliance with Ordinance 210
because the subdivider has not provided complete soil boring
information for determination of water table depth and
because the areas previously tested for percolation on certain
lots have been disturbed during site grading operations.
4. Because of overall lot density, Lots 2 & 3, Block 1,
are approved as building sites even though being less
than 2.0 acres of dry land with the stipulation that all
setback distances shall be met and no setback variances
will be permitted.
5. The aforesaid plat shall be filed with the Hennepin
•
County Recorder's office on or before May 14, 1979 together
with a certified original copy of this Resolution and
executed copies of Exhibits A, B, & C as noted above.
The approval granted by this Resolution shall expire if the plat has
not been filed by the date specified above. In that event, it will
be necessary to file a new application with the City of Orono for
subdivision review.
Dated this fourteenth day of November 19 7
William B. Van Nest, Mayor
ATTEST:
L �
Walter R:
0
on, Clerk/Administrator
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
The undersigned duly qualified and acting City
Clerk/Administrator of the City of Orono hereby certifies
that attached hereto is a true and correct copy of the
original Resolution passed by the City -Council of the City
of Orono on November 14 1978, approving the
Plat of Orono Oaks
on file in the office of the City Clerk/Administrator, City
of Orono.
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r ; "-
Walter R, nson, Clerk/Administrator
Dated this Twenty -Ninth day of December , 19—.
(Seal)
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0
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
IMPROVEMENT AGREEMENT
FOR THE PLAT OF ORONO OAKS
t
THIS AGREEMENT, Made and entered into this r// —
day of 1)e C e m)r , 19_Z ', by and between the City of Orono,
a municipal corporation organized under the laws of the State of
Minnesota (hereinafter called "City"), and Richard Neslund (Colpepper
Land Company) and Ralph Carlson Companies, Inc. its heirs, successors
and assigns, (hereinafter called "Subdivider").
W I T N E S S E T H:
WHEREAS, the Subdivider has made application to the City
Council for approval of a final plat of land within the corporate
limits of the City legally described as Orono Oaks; and
WHEREAS, the City Council by Resolution 957 has granted
final approval to the Subdivision, on the condition that the Subdivider
enter into this agreement to provide for the Improvements hereinafter
described on the terms and conditions hereinafter -set forth.
NOW, THEREFORE, in consideration of the premises -and of the
mutual promises and conditions hereinafter contained, it is hereby
agreed as follows:
I. PREAMBLE
1. Creation of Intersection As an integral part of the
Orono Oaks Subdivision, the Subdivider located and created a new private
road, legally described as Outlot A, Orono Oaks. The location of this
private road was chosen by the Subdivider as beneficial to the arrangement
of lots in the subdivision. The intersection of the private road with
the public road (Orono Orchard Road) occurs at a location just below the
crest of a steep hill in the public road which condition is hazardous
with substandard sight and stopping distances according to the Minnesota
Department of Transportation Standards. Correction of this condition
for conformance with safe intersection standards requires either
relocation of the intersection or lowering of the hill on the public
road.
I. PREAMBLE (Cont.)
• 2. Condition of Approval The subdivision was approved by
the City Council with the explicit understanding that the public road
would be modified to provide a safe intersection and that the City
and the Subdivider would share in the cost of such modification. The
work was not done prior to approval of the subdivision because of a
desire to incorporate this modification at the time of installation
of the pending metropolitan sanitary sewer interceptor in Orono Orchard
Road. Such a joint project would minimize costs and disruptions on
the road.
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3. Use of Intersection The City Council cannot permit
use of the installed private road until the required modifications
are completed. Consequently, the Subdivider has installed a temporary
access road across Lot 12, Orono Oaks. The Subdivider will barricade
the new private road and use only the temporary access road until the
agreed upon modifications are completed.
II. AGREEMENT
1. Work Required The City and the Subdivider hereby agree
that the platting and construction of a private road (Orono Oaks Drive-
Outlot A, Orono Oaks) has mandated modification of Orono Orchard Road
(hereinafter the "public road") to assure a safe intersection of the
two roads. The required modification to the public road shall consist
of lowering the grade on the crest of a hill at the intersection of
the two roads to conform to Minnesota Department of Transportation
Standards for safe sight and stopping distances on a 30 MPH road.
2. Work Described Such modification shall be accomplished
by removal of approximately six (6.0) feet from the crest of the hill
located approximately 150' north of the intersection and by creation
of no less than a 400' vertical curve over said hill. This modification
shall also require modification and replacement of a portion of the private
road, a private driveway on the west side of the public road and a private
driveway to the MWCC sewer plant. Final design of modifications to the
public road shall be the responsibility of the Orono City Engineer.
3. Completion Before Use The above work shall be completed
before use of the private road is authorized by the City.
4. Completion Date The above work shall be accomplished no
later than September 1, 1979.
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II. AGREEMENT (Cont.)
5. MWCC Contract If acceptable to the MWCC, the work
will be accomplished as an addition to the MWCC contract calling for
alteration of Orono Orchard Road at this location as part of the
installation of a metropolitan sanitary sewer interceptor. If the
work is done by the MWCC contractor, the cost of the work will be
shared between the City and the Subdivider on an equal basis, each
party paying 50% of the extra cost therefore.
6. Independent Contract If the additional work is not
made a part of the MWCC contract for whatever purpose, or if the
MWCC cannot commence the work on or before July 1, 1979, the City
and the Subdivider shall proceed with the work independent of the
MWCC. In this event, the Subdivider agrees to do all the necessary
earthmoving including creation of the final subgrade and/or to pay
all costs for same and the City agrees to reinstall the road surface
and to pay all costs for same.
7. Review and Approval by the City All of the work shall
be subject to the review and approval of the City Engineer and, where
appropriate, any other governmental agency having jurisdiction.
8. Pre -Construction Conference Prior to any construction
work the Subdivider, Subdivider's contractor and engineer, shall meet
with the City Engineer to review the proposed work.
9. C
materials shall
approved by the
nstruction The construction, installation and
be in accordance with the plans and specifications
City Engineer.
10. Easements The City Engineer shall determine all permanent
or temporary easements necessary for installation of these improvements.
The Subdivider hereby agrees to provide all such easements within the
Plat of Orono Oaks to the City at no cost to the City.
f
11. 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.
U
III. ASSURANCES
1. Letter of Credit For the purpose of assuring to the
City that the Improvements will be completed according to the terms
of this agreement, and that Subdivider will pay all claims for work
done and materials and supplies furnished, Subdivider has deposited
with the City at the time of the execution of this agreement cash,
certified funds or an irrevocable letter of credit in a form satisfactory
to the City in at least $5,000, providing that the City is able to draw
upon such funds or letter of credit in its sole discretion to complete
the Improvements as provided herein and to pay for all of the subdivision
costs as provided for herein. The City shall deposit same in an interest
bearing account. Upon completion of the Improvements, the City shall
refund to the Subdivider the unused portions of the principal amount
together with all interest thereon.
2. Hold Harmless and Indemnification The Subdivider 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 perfor-
mance of this agreement by the Subdivider, its employees, agents or
subcontractors, whether or not caused in part by a party indemnified
hereunder.
3. Disclaimer In the event that the Subdivider or his agent
does any of the above work, 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 Subdivider, or
Subdivider's contractors, subcontractors, material suppliers, laborers,
or any other person, firm or corporation, for any debt, claim, demand,
damages, actions or causes of action of any kind or character arising
out of or by reason of the execution of this agreement or the performance
and completion of the Improvements.
Further, the Subdivider will cause each person who constructs
and installs any Improvements to furnish the City with the same evidence
of complete insurance coverage (including Workmen's Compensation,
liability and property damage) as is required on City contracted
construction jobs as determined by the general specifications now in use.
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III. ASSURANCES (Cont.)
• 4. Resolutions of City Subdivider agrees to be bound
by the provisions set forth in Resolution 957 of the City Council
approving the Final Plat of this Subdivision.
5. 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
upon all future owners of all or any part of the subdivision and shall
be deemed covenants running with the land. References herein to
Subdivider, if there be more than one, shall mean each and all of
them. This agreement, or a short form thereof to be executed by
the Subdivider, at the option of the City shall be placed of record
so as to give notice hereof to subsequent purchasers and encumbrancers
of all or any part of the subdivision and all recording fees, if any,
shall be paid by the Subdivider.
6. 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 mailed 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.
7. Remedy for Default Default by the Subdivider 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 in this subdivision. The 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.
IN WITNESS WHEREOF, the City and Subdivider have caused this
agreement to be duly executed on the day and year first above written.
9
In Presence Of:
In Presence Of:
0
CITY OF ORONO
By
Mavor `
And
ity C1
Address for/Notice:
P.O. Box 66
Crystal Bay, Minnesota 55323
SUBDIVIDER
�J
ByP/Lrn
And
Address for Notice:
•
STATE OF MINNESOTA )
) ss. (City Acknowledgment)
COUNTY OF HENNEPIN.)
The foregoing instrument was acknowledged before me
this / day of / , 19Z, by A,��l
In and�a Mayor and City
Clerk, respectively, of the City of Orono, a Minnesota
municipal corporation, on behalf of the mu Wtpa,a qoxporation.
Notary
ype
Notary Public
STATE OF MINNESOTA
) ss. (Individual Acknowledgment)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this day of , 19 , by
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Notary Public
(Corporate Acknowledgment)
Th� foregoing instrument was ac2rr
ledgtr
'before me
this day of J��ee�►,�e, , 19by rSa�
and a , President a ul-Vice_Presid"ent,
respectively, of rja7/1 rc�r�Aclu
a Minnesota corporation, on behalf of the corporation.
Susan L. Hineline
'� y �!ctary PuNir, Hen; e�in County, t+�inn:
�,�!�.. My Commission Expires July 28, 1983
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
'fiotary Public
(Partnership Acknowledgment)
The foregoing instrument. was acknowledged before me
this day of 19. , by ,
a General Partner of , a Minnesota
General Partnership, on behalf of said partnership.
Notary Public
C�
F
jgf)7,D AND UTILITIES EASMIENT
THIS INDEI;'I'URE, made this day of 1978 r
by and between Ralph Carlson Companies, I
corporation
hereinafter referred to as "Grantor(s), and the City of Orono,
a municipal corporation, under the laws of the State of Minnesota,
hereinafter referred to as "Grantee".
WITNESSETH, that Grantor(s), in consideration of the sum
of One Dollar ($1.00) and for other good and valuable considera-
tion given by Grantee, the receipt of which is acknowledged.
by Grantor(s), do(es) hereby grant, bargain, sell and convey
to Grantee, its successors and assigns, an.easement for public
ingress, egress, access, road and utilities purposes and uses,
on, across and under the land in the County of Hennepin and
State of Minnesota as follows:
Outlot A, Orono Oaks, as filed and of record in the office
of the Registrar of Titles, in and for Hennepin County,
Minnesota
cr TO HAVE - AND TO HOLD said easement unto said Grantee,
r (
its successors and assigns, permanently.
• The Grantor(s) herein certify that the lands herein
described are free and clear of all encumbrances except:
IN WITNESS WHEREOF, said Grantor(s) have set
year first above written-
hand(s)
ritten.hand(s) on the day and
RALPH LSON COMPANIES IN
R 1ph arlson
Its ''resident
STATE OF MINNESOTA ) ss.
COUNTY OF HENNEPIN ) .1972 before me
On this__ day of N ze
personally appeared Ralph Carlson erson (s) described
ent,
to me known to be the , and acknowledged
• in and who signed the foregoing instrum
that they executed same as their free act and deed.
GERALD B. HAUER A M�
f<?�,
NOT PUBLIC f�i!NN=SOTA�
u:���'Q {s � Zi
r" "'Q y Public
�, WRIGHT COs Ar!i
my Commission Expires �p•i 1. I °42 Notary
...VV
Exempt
STATE DEED TAX DUE HEREON:
This Instrument was Drafted By:
POPHAM, HAIK,_SCHNOBRICH, KAUFMAN \
•
r IE V L�
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS NOV 1978
FOR ORONO OAKS ASSOCIATION, INC.
CIN OF. ORONO
THIS DECLARATION, made this Lb day of November, 1978,
by Ralph Carlson Companies, Inc., a Minnesota corporation,"herein-
after called "Declarant";
WITNESSETH:
WHEREAS, Declarant is the owner in fee of certain real
property located in'the County of Hennepin, State of Minnesota,
legally described as follows, to -wit:
Lots 1 through 13, both inclusive, Block 1, and Outlot
A, all in Orono Oaks, Hennepin County, Minnesota,
according to the recorded plat thereof;
(said land hereinafter sometimesreferred to as the "Property");
and
WHEREAS, Declarant intends that the Property be
00 developed for single family residential purposes and'for that
purpose wishes to provide for the preservation of the value and
amenities in said Property and for the -maintenance of certain ease-
emnts and -common access as herein defined, and to this end is sub-
jecting the Property to the covenants, conditions, restrictions,
easements, charges and liens hereinafter set forth, each and all of
which is and are for the benefit.of said Property and each Owner
thereof (as hereinafter defined);
NOW, THEREFORE, Declarant declares hereby that!the said.
Property is and shall be held, transferred, conveyed, sold, and
occupied subject to the following covenants, conditions, restrictions,
easements, charges and liens which are forwthe purpose of protecting
the value,
l�
desirability and
attractiveness
of the Property
and which
shall run
with the Property
P Y
and be binding
upon all parties
having
any right, title or interest in the property, their heirs, successors
and assigns, and shall 'inure to the benefit of each Owner thereof
and the heirs, successors and assigns of each Owner, and are imposed
'"" ,—upoh the Property as a servitude in favor of each of said Lots:
1. Definitions. The following words when used in this
Declaration (unless the context shall prohibit) shall have the
following meanings:
A. "Property" shall mean Lots 1 through 13, both
inclusive, Block 1, and Outlot A, all in Orono Oaks, Hennepin
County, Minnesota, according to the recorded plat thereof.
B. "Owner" shall mean the record owner, whether one
or more persons or entitles, of a fee simple title to any Lot which
is a part of the Property including contract sellers, but excluding
those having such interest merely as security for the performance
of an obligation.
C. "Common Roadway" shall mean Outlot A, Orono Oaks,
Hennepin County, Minnesota, and shall be converted to the Association
prior to the first conveyance of a Lot by Declarant.
• D. "Common Driveway" shall mean a 30.0 foot strip over
and across that part of Lots 10 and 13, Block 1, Orono Oaks, Hennepin
County, Minnesota,according to the recorded plat thereof, being, 15.0
feet on each side of the following described line:
Commencing at the most southerly corner of said Lot 13; -
thence on an assumed bearing of North 47 degrees 22
minutes 39 seconds West, along the southwesterly line
line of said Lot 13 a distance of 198.02 feet to the
point of beginning; thence North 67 degrees East,
245.00 feet; thence North 41 degrees East, 190.00
feet; thence North 55 degrees East, 60.00 feet; thence
North 76 degrees East, 55.00 feet; thence North 84
degrees East, 115.00 feet;,`thence North 57 degrees
East,.50 feet and said line there terminating.
E. "Drainage Easements" shall mean those certain
portions of Lots so designated on the plat of Orono Oaks, but not in-
cluding "utility and drainage easements" as therein designated.
F. "Utility and Drainage Easements" shall mean those
certain portions of Lots so designated on the plat of Orono Oaks, but
not including "drainage easements" as therein designated.
G. "Lot" shall mean any of the following:
Lots 1 through 13, both inclusive, Block 1, Orono
Oaks, Hennepin County, Minnesota.
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H. "Association" -shall mean Orono Oaks Association,
0 Inc., a Minnesota non-profit corporation.
I. "Member" shall mean any Owner who is a member of
the Association as provided herein.
J. "Declarant" shall mean Ralph Carlson Companies,
Inc., a Minnesota corporation, its successors and assigns if such
successors or assigns should acquire more than one undeveloped Lot
from the'De6larant for the purpose of development.
K. "Declaration" shall mean and refer to this
Declaration of Covenants, Conditions and Restrictions.
2. Easements. Every Owner shall have a non-exclusive
right and easement for ingress and egress to his Lot and for utility,
water, drainage and sewer installations serving -his Lot, over and
upon the Common Roadway and for utility, water, drainage and sewer
• installations serving his Lot, over and upon the Utility and Drainage
Easements. In addition, every Owner shall have a non-exclusive right
and easement for drainage purposes over and upon the Drainage Easements.
The Owners of Lots'9, 10, and 13 shall each have a non-exclusive right
and easement for ingress and egress to his Lot and for utility, water
and sewer installations serving his Lot, over and upon the Common
Driveway. The rights and easements hereby granted shall be appurtenant
to and shall pass with the title to every Lot, and shall be subject
to the following conditions:
A. The right of the Association to pass reasonable
rules with respect to the use of the Common Roadway, Common Driveway
and other easements for the health, comfort, safety and welfare of
persons using the same.
B. The right of the Association to levy assessments
as provided in this Declaration;
C. The rights of the Association, Declarant and City
of Orono reserved hereinbelow.
Any Owner may delegate in accordance with the By-laws of
the Association his rights of enjoyment herein granted to residents
of his Lot, including members of his family, his tenants or contract
-16 purchasers.
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• Driveway.
3. Association's Rights in Common Roadway and Common
A. The Association shall have the right and duty to
manage, build, reconstruct, repair, maintain and improve the Common
Roadway (and to pay all taxes and assessments separately assessed
against the same), the Common Driveway, the Utility and Drainage
Easement and the Drainage Easement, but in each case only to the
extent not' inconsistent with easement rights and restrictions granted
contemporaneously herewith in favor of the City of Orono.
B. The Association shall have an easement over and
upon the Common Roadway and Common Driveway for the installation
and maintenance of any and all pipes, wires and other conduits of
matter of energy necessary or desirable to serve any Lot.
C. The Association shall have the right to dedicate or
• transfer all or any part of the Common Roadway and its easement
rights in the Common Driveway to the City of Orono or its successors,
and shall have the right to dedicate or transfer easement and access
rights in all or any part of the Common Roadway and Common Driveway
to any governmental subdivision or public agency or utility. No
such dedication or transfer under the provisions of this paragraph
shall, however, be effective unless assented to in writing by Owners
of all of the Lots abutting the Common Roadway or the Common Driveway
(as the case may be) and unless approved and accepted by the City
of Orono or its successors.
4. Declarant's Rights in Common Roadway and Common Driveway
A. Declarant's agents, employees, guests and invitees
.
shall
have the
right of
access ever
and across the Common
Roadway and
.Common
Driveway
so long
as Declarant
owns any unsold Lots,
and
Declarant shall have the same rights an any other Owner as to Lots
owned by it from time to time, except as otherwise specified herein.
B. For the period of one year from and after the date of
--�filing of this Declaration, the Declarant shall have the, right by
instrument duly recorded within that time to grant to any governmental
bodies or any public or private utilities perpetual or limited
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easements over, under, or across the Common Roadway, Common Driveway
and Utility and Drainage Easements for the installation and main-
tenance of electrical and telephone conduit and lines, natural gas
pipes, sanitary sewers, storm sewers, water pipes, cable television
or other -utility services to serve any Lot.
5. No Dedication to'Public Use. Nothing contained in
this Declaration shall be construed or be deemed to -constitute
dedication, express or implied, of any part of the Common Roadway
or Common Driveway to or for any public use or purpose whatsoever.
6.• Membership and Voting Rights in Association.
A. Membership. Every Owner of a Lot subject to assess-
ment, except as herein provided to the contrary, shall be entitldd
and required to be a member of the Association. If title to a Lot
is held by more than one person, each of such persons shall be a
• member. An Owner of more than one Lot shall be entitled to one
membership for each such Lot. Each such membership shall be
appurtenant to the Lot upon which it is based and shall transfer
automatically by voluntary or involuntary conveyance of the title
of that Lot. No person or entity other than an Owner or Declarant
may be a member of the Association, and a membership in the Associa-
tion may not be transferred except in connection with the transfer
of title to that Lot.
B. Transfer. It -shall be the responsbility of each
Owner, upon becoming entitled to membership, to so notify the
Association in writing, and until so notified, the Association may
continue to carry the name of'the former Owner as a member, in its
sole discretion. In the event the Owner of any Lot should fail:
0 - or refuse to transfer the membership registered in his name to the
transferee of the title of -such Lot, the Association shall have the
right to record the transfer upon the books of the Association and
issue a new membership to the transferee, and thereupon the old
membership outstanding in the name of the transferor shall be null
and void as though the same had been surrendered.
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C. Voting. All members shall be entitled to one vote
for each Lot owned. When more than one person holds an interest
in any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they among themselves determines, but in
no event shall more than one vote be cast with respect to any one
Lot. There can be no split vote. In the case of Lots owned by
a corporation, partnership or trust, or by more than one individual,
prior to or at the time of any meeting at which a vote is to be
taken, each co -Owner or other person entitled to a vote at such
meeting shall file with the Secretary of the Association the name
of the voting co -Owner or other person entitled to a vote at such
meeting, unless such co -Owner or other persons have filed a general
voting authority with the Secretary applicable to all votes until
rescinded.
• D. Suspension of Voting Rights. In the event any
Owner shall be in arrears in the payment of any amount due under
any of the provisions of this Declaration for a period of fifteen
(15) days, or shall be in default in the performance of any of the
terms of this Declaration for a period of fifteen (15) days,
such Owner's right to vote as a member of the Association shall be
suspended and shall remain suspended until all payments are brought
current and all defaults remedied.
7. Assessments.
A. Personal Obligation. Declarant, for each Lot owned
by it within the Property, hereby covenants, and each Owner -of a
Lot by acceptance of title by deed or otherwise therefor, whether
or not it shall be so expressed in any instrument of conveyance,
shall be and is deemed to covenant and hereby agrees to pay to the
Association: (a) annual assessments or charges, which shall be
payable in regular installments acid shall include, but not be
limited to, hazard and liability insurance for common property
(if any),and an adequate reserve fund for maintenance, repairs and
replacement of those elements of the common property that must
be replaced on a periodic basis, and (b) special assessments for
capital improvements, such assessments to be established and collected
as hereinafter provided. Any assessments authorized herein, together
•
with interest, costs
and reasonable attorneys'
fees, shall
be a
continuing lien from
the -date payable against
the Owner's
fee
interest in the Lot assessed. Each assessment, together with interest,
costs and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such Lot on the date
said assessment became due and payable. Such personal obligation of
an Owner shall not pass to his successors in title or interest unless
expressly assumed by them or unless prior to such transfer, a notice
of lien for such assessments shall have been filed in writing with
the appropriate office of real estate records for Hennepin County,
Minnesota. No Owner shall escape liabilitv for the assessments
which fell due while he was the Owner by reason of non-use of the
Common Roadway or Common Driveway or non-use, transfer or abandon-
ment of his Lot.
B. Purpose of Assessments. The assessments levied by
the Association shall be used exclusively to promote the health,
safety and welfare of the Owners and residents of the Property,
and to construct, manage, improve, maintain, repair and administer
the Common Roadway, Common Driveway and all improvements, roads,
landscaping, and pipes, wires or other conduits of matter or
energy located upon either, or upon the Ut'il'ity and Drainage Ease-
ments and to maintain the Drainage Easements.
C. Annual Assessments. The Board of Directors shall
fix the annual assessment each year in accordance with the pro-
visions set forth in the By -Laws of the Association.
D. Special Assessments. In addition to the annual
assessments authorized above, the Association may levy, in any
assessment year, a special assessment for the purpose of defraying,,
in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common
Roadway or Common Driveway, including fixtures and personal
property related thereto, provided that any such assessment shall
have the assent of the Owners of all of the Lots abutting the
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the Common Roadway or Common Driveway (as the case may be) voting
• in person or by proxy at a meeting duly called for this purpose.
E. Notice and Quorum. Written notice of any meeting
called for the purpose of taking any action authorized under para-
graphs C and D above, shall be sent to all Members not less than
thirty (30) days nor more than sixty (60) days in advance of the
meeting. At the opening of such meeting, the presence in person
or by proxy of Members entitled to cast sixty percent (60%) of the
votes of the membership shall constitute a quorum. If the required
quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the pre-
ceeding meeting. No such subsequent meeting shall be held.more than
Sixty (60) days following the preceding meeting.
• F. Rate of Assessment. Assessments relating to the
Common Roadway shall be -assessed at a uniform rate against Lots 1,
2, 3, 4, 5, 6, 7, 8, 11 and 12, Block 1, Orono Oaks, provided that
if an improved accessway is constructed by or at the direction of
the Owner of Lot 9 onto Outlot A (other than for temporary construction
purposes), then Lot 9 shall also thenceforth be included'in such
uniform assessment. Assessments relating to the Common Driveway
shall be -assessed at a unform rate against Lots 9, 10 and 13, pro-
vided that the Owner of Lot 9 (with the written consent of the
holder of any then outstanding first mortgage) may relinquish its
rights in the Common Driveway, and shall*thereafte-r be relieved of
future assessments. Assessments relating to the Utility and Drainage
Easements or to any other proper purpose of the Association shall be
assessed at a uniform rate for all Lots. Nothing herein contained
shall prevent the Association from performing services not inconsistent
with this Declaration at the instance of one or more Owners for the
particular benefit of their Lots, and to charge the cost thereof only
`----to such Lots. Declarant, in lieu of paying assessments for Lots owned
by it, may elect to pay the deficit, if any, between the assessments
collected and the budgeted expenses. Annual assessments shall be
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collected on a semi-annual basis and special assessments shall be
collected as the Board determines.
G. Date of Commencement of Annual Assessments: Due Dates.
The annual assessments provided for herein shall commence as to all
Lots on the first day of the month following the recording of this
Declaration, subject to the abatements specified above. The first
annual assessment shall be adjusted according to the number of months
remaining in the calendar year.
H. Commencement of Annual Assessments. By November 30
of each year the Board shall fix the amount of annual assessments
against each Lot for the following calendar year and shall send
written notice thereof to each Owner. The due date.for payment of
annual assessments shall be as set by the Board. At the time the
Board fixes the amount of annual assessments it shall adopt a
budget for the following calendar year and cause a copy of such
budget in reasonable detail to be furnished to each Owner.
I. Proof of Payment. Upon written demand of an Owner
or Mortgagee at any time, and for a reasonable charge, the Association
shall furnish a written certificate signed by an officer of the
Association setting forth whether there are any then unpaid annual
or special assessments levied against such Owner's or Mortgagee's
Lot. Such certificate shall be conclusive evidence of payment of
any annual or special assessments not stated therein as unpaid.
J: Nonpayment of Assessments. Any assessments which are
not paid when due shall be deemed delinquent. If an assessment is
not paid within thirty (30) days after the delinquency date, it
..shall bear interest from the delinquency date at the rate of six
percent (6%) per annum and shall become a continuing lien in favor
of the Association on the Lot against which assessed and -the improve-
ments thereon and the Association (or any Owner acting in the name
and for the benefit of the Association) may bring an action at law
or in equity against the person personally obligated to pay the
same, including interest, costs and reasonable attorneys' fees for
any such action, which shall be added to the amount of such assess -
e—
ment and included in any judgment rendered in such action, and the
Association may also enforce and foreclose any lien it has or which
may exist for its benefit.
K. Recording and Enforcement of Liens. To evidence
a"l,ien for sums assessed pursuant to this Declaration the Association
may prepare a written notice of lien setting forth the amount of
the assessment, the date due, the amount remaining unpaid, the name
of the Owner of the Lot, the name of the person personally obligated
to pay the same and a description of the Lot. Such a notice shall
be signed by an officer of the Association and it or a notice of
adverse claim thereof may be recorded in the appropriate office of
real estate records for Hennepin County, Minnesota. No notice of
lien shall be recorded until there is a delinquency in payment of
the assessment for thirty -(30) days. Upon such a delinquency for
thirty (30.) days, the Association shall proceed promptly to enforce
the lien or, in its discretion, to sue 'the person personally liable
to pay the lien for the delinquency. Such lien shall be enforceraby
action in the same manner in which mortgages on real property may be
foreclosed in Minnesota. In any such foreclosure, the person
personally obligated to pay the lien shall be required to pay all
costs of foreclosure including reasonable attorneys' fees. All such
costs and expenses shall be secured by the lien being foreclosed.
The person personally obligated to pay the lien shall also be
required to pay to the' Association any assessments against the Lot
which shall become due during the period of foreclosure. The
Association shall have the right and power to bid at the foreclosure
sale or other legal sale and to acquire, hold, convey, lease, rent,
encumber, use and otherwise deal with the foreclosed interest in
the Lot as the Owner thereof.
L. Subordination of Lien. The lien of the assessments
provided for.herein shall be subordinate to the lien of any first
- --' mortgage, and to tax liens and liens for special assessments in
favor of any taxing and assessing unit of government. Sale or transfer
of any Lot or any interest therein shall not affect the assessment
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lien except that the sale or transfer of any Lot pursuant to mortgage
foreclosure or remedies provided in the mortgage, or any proceeding
in lieu thereof, shall extinguish the lien of such assessments as
to charges which accrued prior to such sales or transfer. No such
sale or transfer shall relieve a Lot from liability for any assess-
ments thereafter becoming due or from the lien thereof or shall
relieve the person personally obligated to pay the liensof personal
liability for assessments due prior to such sale or transfer or
acquisition of premises.
8. Residual Power of Declarant.
Upon the conveyance of
the last Lot to an Owner other than Declarant, all surviving powers
of Declarant, if any, which are created by this Declaration,and are
peculiar to Declarant shall pass to the Association, but Declarant
shall enjoy the same rights as.- any other Owner as to Lots from
time to time owned by it thereafter.
9. Compliance with Laws. All uses of the land herein
described shall comply with all applicable laws, ordinances and
regulations of the City of Orono, the County of Hennepin and the
State of Minnesota. Said laws, ordinances and regulations shall
govern if inconsistent herewith and if more restrictive than these
covenants, but only to the extent actually inconsistent and more
restrictive. If not inconsistent herewith, the restrictions herein
contained shall be considered as requirements in addition to said
laws, ordinances and regulations.
10. Enforcement. The Association, or -any Owner, shall
have the right to enforce.,. by any proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by an Owner to enforce
any covenant Or restriction herein contained shall in -no event
be deemed a waiver of the right to do so thereafter.
Term and Amendment. The covenants and restrictions
of this Declaration shall run with the land, and shall be binding
4
on -all Owners of the Lots and all persons claiming under them, for
a period of 30 years from the date this Declaration is recorded,
after which time said covenants shall be automatically extended
for successive periods of 10 years unless an instrument, signed by
the then Owners of not less than 75% of the Lots and by the City
of Orono, has been recorded agreeing to change said Declaration in
whole or in part.
12. Annexation. Additional residential property and
common land may be annexed to the Property with the written consent
of the then Owners of not less than 75% of the Lots and of the
City of Orono.
13. Merger and Dissolution. The Association may be
merged with a non-profit corporation of similar purposes or dissolved
but only in each case with the assent given in writing and signed
by not less than 75% of the members. Upon dissolution of the
Association, other than incident to a merger or consolidation, the
assets of the Association shall be dedicated to an appropriate public
agency to be used for purposes similar to those for which this
Association was created, provided, however, (if such agency is not
the City of Orono) that the City of Orono be given 30 days prior
written notice thereof, and during said 30 days the City may elect
to receive such dedication on the same terms and conditions as those -
acceptable to such other public agency. In the event that such
dedication is refused acceptance, such assets shall be granted,
conveyed and assigned to any non-profit corporation, association,
trust or other organization to be devoted to such similar purposes.
14. Action by City to Cure Deficiencies. In the event
the Association fails to maintain the Common Roadway, Common Drive-
way and Drainage Easements in good repair or fails to pay taxes -or
assessment on said common properties as tney become due, the City,
of Orono may issue a notice to said Association setting forth the
'nature of the Association's deficiencies- and shall set a hearing to
discuss said deficiencies. This hearing shall be conducted by the
City Council no sooner than ten (10) days nor later than thirty
0 . -12-
f
(30) days after a notice, setting forth the date, time and place of
the hearing, is published in the official newspaper of the City.
Within ten (10) days after the hearing, the City Council shall, by
majority vote, define the procedures to be undertaken by the
Association to correct said deficiencies. In the event the
Association does not correct the deficiencies as defined, within
thrity (30) days, the City Council shall arrange to have the
deficiencies corrected and shall bill the Association for all
expenses including the City's administrative expenses. If the
Association does not reimburse the City within thrity (30) days
of receipt of said bill, the City shall have the right to assess
each Owner for his pro rata share of said expenses. Such assess-
ments, together with interest thereon and costs of collection,
shall be -a lien on each Lot against which such assessment is made
and, in addition,each assessment shall also be the personal .
obligation of the person who was the Owner of such Lot at the time
the assessment fell due.
15. Notices. Any notice required or permited to be
sent to any Owner by the Association under the provisions of this
Declaration shall be deemed to have been properly sent when
mailed, postage prepaid, to the last known address of such Owner
appearing on the records of the Association at the time°of such
mailing. -,
IN WITNESS WHEREOF, the said Ralph Carlson Companies,
Inc., a Minnesota Corporation, has caused this document to. be
executed as of the day and year first a)Y6 written.
ti RALP RLSO_ COMPANI S, Y
And
Its
Its
-113-
J
t
FLOWAGE AND CONSERVATION EASEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this day of
1978 , by and "between Ralph Carlson
Companies Inc., a Minnesota corporation ,
its heirs, assigns, successors (hereinafter collectively
referred to as the Grantor(s)) and the City of Orono, its suc
cessors and assigns, a municipal corporation under the laws of
the State of Minnesota (hereinafter referred to as the Grantee).
WITNESSETH, Grantor(s), for and in consideration of the
sum of One Dollar ($1.00) and other valuable consideration,
hereby covenant; grant, gift, quit claim and convey to Grantee
the right to restrict and Grantor(s) agree to limit and pre-
clude fhe use, improvement and development, under the condi-
tions and covenants herein contained, the following described
Land in the County of Hennepin and State of Minnesota:"
those certain areas designated as "Drainage Easement"
(and not including areas designated as -"utility and
drainage easement") on the plat of "Orono Oaks, Hennepin
County, Minnesota and affecting portions of Lots -1, 2,
3, 4, 5, 7, 8 and 9, Block 1, said subdivision
as follows:
1. Grantor(s) hereby covenant and agree(s):
A. No"structures shall be constructed, erected, or
placed upon, above, or -beneath the Land including without limit-
ation, f ences,.fireplaces;.steps, docks, piers, hard -cover or
roads of any nature whatsoever, or any other structure -or improve-
ment inconsistent.with the natural state of the Land._
B. No trees, shrubs or other vegetation shall be
destroyed,'cut or removed from the Land except as authorized
by written consent of Grantee.
C. No earth, loam, peat, gravel, soil or any other
natural material or substance shall be moved oz removed from
the Land and there shall be no dredging or excavation of any
nature whatsoever or any change of the topography of the Land
without the written consent of Grantee.
It