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2495 zoning file
B 0 J. a Fkj Development, Inc. R7CEIVED DEC 1 4 2000 December 13, 2000 C! i - - uHONO Mr. Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carriage Hill, Letter of Credit Dear Paul, Following the recommendations from Tom Kellogg, we have completed the regrading, installation of a filter blanket, and installation of rip rap to prevent further erosion. This was completed and 1 believe was inspected by Mr. Kellogg during the grading and removal of sedimentation of the pond. We installed the filter blanket and rip rap according to the specs provided by Mr. Kellogg. The area will not have vegetative growth until next spring. Please consider a reduction in the letter of credit for the completion of the work, less an amount for the growth of seed next spring. Please consider reducing the letter of credit to $5,000.00. Thank you for your consideration, Sincerely n n Steve Bohl �C i BohLand Development 825 Brown Road South • Wayzata, MN 55391 • Phone (612) 720-6505 - Fax (612) 476-4459 • E-mail: stevebohl@bohland.com Bonestroo ® Rosene Anderlik & Associates Engineers & Architects December 14, 2000 Mr. Greg Gappa Director of Public Services City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carriage Hill File No_ 139-2467 Dear Greg, Bonestroo, Rosene, Anderlik and Associates, Inc. Is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. Robert G. Schunicht, P.E. • Jerry A. Bourdon, RE, Senior Consultants: Robert W. Rosene. P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner. P.E. Susan M. Eberlin, C.P.A. Associate Principals: Howard A. Sanford. P.E. • Keith A. Gordon, P.E. • Robert R. PFefferle, P.E. Richard W. Foster. P.E. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. Michael T. Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. David A. Bonestroo, M.B.A. • Sidney P. Williamson. P.E., L.S. • Agnes M. Ring, M,B.A. • Allan Rick Schmidt. P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee. WI Website: www.bonestroo.com We inspected the Carriage Hill subdivision today. The purpose of the inspection was to determine whether all site work has been completed in accordance with the Developer's Agreement. Based on our observations most site work is complete. The pond dredging, cleaning and riprap stabilization that was outlined in our August 25, 2000 letter has been completed. The one item remaining is the grading of the 10:1 aquatic bench around the pond at the NWL as shown on the approved grading plans. This item is important from a safety aspect as the bench promotes the growth of aquatic vegetation and provides a natural barrier to children trying to enter the pond. The work that has been completed to date was done in accordance with City standards and is acceptable from an engineering standpoint. We would recommend a reduction in the financial guarantee in the following manner: Letter of Credit Original Amount $143,409 Previous Reduction $87,758 Previous Reduction $12,750 Proposed Reduction $37,900 Revised Amount $5,000 The proposed financial guarantee should be retained until the pond grading improvements described above are complete. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. ;Q� Tom Kellogg Cc: Mr. Paul Weinberger, City of Orono 2335 West Highway 36 • St. Paul, MN 55173 a 651-636-4600 ■ Fax: 651-636-1311 CITY of ORON" Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 December 14, 2000 Alpine Capital 1003 Twelve Oaks Center 15500 Wayzata Boulevard Wayzata MN 55391 Subject: Letter of Credit #9905030, Carriage Hill Subdivision Bohland Development Dear Sir/ Madam; The City of Orono is hereby requesting that this letter of credit in the amount of $5,000 be extended until June 30, 2001 to ensure completion of the remaining project items detailed the attached letter from Bonestroo Engineers. In the event this work is not satisfactorily completed by June 22, 2001, The City of Orono will cash the letter of credit to pay for completion of this work by the City. Thank you for your assistance in this matter. Please contact me at 952-249-4621 should you have any questions. Sincerely; '_9 C Gregory A. Gappa Director of Public Services Copy: Steven Bohl, 825 Brown Road S, Wayzata MN 55391 Telephone (952) 249-4600 • Fax (952) 249-4616 www cLorono.mmus Bonestroo Rosene 0 Anderllk & Associates Engineers & Architects December 14, 2000 Mr. Greg Gappa Director of Public Services City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carriage Hill Pile No. 139-2467 Dear Greg, Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rasene, P.E. • Joseph C. Anderfik, P.E. • Richard E. Turner, P.E. Susan M. Eberlin, C.P.A. Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. Richard W. Foster, RE. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. • Ted K.Fleld. RE. • Kenneth P. Anderson, P.E. • Mark R. Rolls, P.E. David A, Bonestroo. M.B.A. - Sldney P. Williamson, P.E., LS. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI Websfte: www.bonestroa.com We inspected the Carriage Hill subdivision today. The purpose of the inspection was to determine whether all site work has been completed in accordance with the Developer's Agreement. Based on our observations most site work is complete. The pond dredging, cleaning and riprap stabilization that was outlined in our August 25, 2000 letter has been completed. The one item remaining is the grading of the 10:1 aquatic bench around the pond at the NWL as shown on the approved grading plans. This item is important from a safety aspect as the bench promotes the growth of aquatic vegetation and provides a natural barrier to children trying to enter the pond. The work that has been completed to date was done in accordance with City standards and is acceptable from an engineering standpoint. We would recommend a reduction in the financial guarantee in the following manner: Original Amount Previous Reduction Previous Reduction Proposed Reduction Revised Amount Letter of Credit $143,408 $87,758 $12,750 37 900 $5,0©0 The proposed financial guarantee should be retained until the pond grading improvements described above are complete. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. Tom Kellogg Cc: Mr. Paul Weinberger, City of Orono 2335 West Highway 36 ■ 5t. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636-1311 Bonestroo 0 Rosene Anderlik & Associates Engineers & Architects August 25, 2000 Mr. Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carriage Hill File No. 139-2467 Dear Paul, Bonestroo, Rosene, Anderilk and Associates, Inc. is an Affirmative ActFon/Equai Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. Robert G. Schunicht, PE. • Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. Susan M. Eberlin, C.P.A. Associate Principals: Howard A. Sanford, PE. • Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. Richard W. Foster, P.E. • David O. Loskota. Y.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. - Michael T. Rautmannr P.E. • Ted K.Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs. P.E. David A. Bonestroo, M.B.A. • Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A, - Allan Rick Schmidt, P.E. Offices: St. Paul. St. Claud, Rochester and Willmar, MN • Milwaukee, WI %Febsite: www.bonestroo.com The City of Orono has received a request to reduce the financial guarantee for the Carriage Hill subdivision in accordance with the Development Agreement. Paul Weinberger and myself inspected the site on 8/24/00. The following is a summary of our observations: Sediments and gravel have washed down the ditches along Carriage Lane. These sediments have been deposited in the drainage way and NURP pond south of Carriage Lane. The drainage way shows signs of erosion which is also contributing to the sedimentation in the pond. The sediments accumulated in the pond have reduced the capacity of the pond. The developer should clean and restore the drainage way between the culvert under Carriage Lane and the NURP pond. At a minimum, the drainage way should be stabilized with rip rap to prevent further erosion. It may be necessary to install a pipe between Carriage Lane and the pond to minimize erosion and pond sedimentation. The NURP pond will need to be dredged to remove the sediments and restored to the elevations as shown on the approved grading plan. 2. The berm around the southwest quarter of the pond (between the outlet structure and the south end of the pond) has been raised since our last inspection. The elevation of the berm is now slightly higher than the inlet to the grate on the outlet structure. This will route storm water through the outlet structure in the 100-year event and appears to be acceptable. We recommend that the City retain the existing financial guarantee until the work outlined above has been successfully completed. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. /C-217 Tom Kello g Cc: Mr. Greg Gappa, City of Orono 2335 West Highway 36 w St. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636-1311 CITYof ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Mr. Tim Golie Alpine Capital, LLC 1003 Twelve Oaks Center 15500 Wayzata Blvd. Wayzata, MN 55391 February 18, 2000 RE: AUTHORIZATION TO REDUCE LETTER OF CREDIT FOR BOHLAND DEVELOPMENT, INC. FOR IMPROVEMENTS WITHIN PLAT OF CARRIAGE HILL Dear Mr. Golie: The City of Orono hereby authorizes a reduction in the financial guarantee for Bohland Development for improvements within the development of Carriage Hill. The financial guarantee of $143,400 was reduced to $55,650, based on a recent inspection the City of Orono has reduced the amount an additional $12,750 to retain a balance of $42,900 based on the site improvements noted in the letter dated February 17, 2000 by Tom Kellogg, City Engineer. Please contact me at (612) 249-4600 if you have any questions regarding this matter. S' ly, Paul Weinberger 0 Zoning Administrator/Planner cc: Steve Bohl, Bohland Development, Inc. Greg Gappa, Director of Public Services Thomas Kuehn, Finance Director Telephone (612) 2494600 - Fax (612) 2494616 Bonestroo .� Rosene Anderlik & 'Iv Associates Engineers & Architects February 17, 2000 Mr. Greg Gappa Director of Public Services City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carriage Hill File No. 139-2467 Dear Greg, Ronesfroo. Rosene. Anderfrk and Associates. Inc. is an Affirmative Acrion 'Equal Opportunlry Employer 7r:ncrpels' Otto G. Bone..roo. PE. • Joseph C. Anderhk. P.E. - Mervin L. Sorvala. P.E. Glenn R. Cook. P.E. • Robert G. Schunicht. PE. - Jerry A. Bourdon, RE - Robert W. Rosene, P.E.. Richard E. Turner. PE. and Susan. M. Eberlin, C.P.A.. Senior Consultants Associate Principals: Howard A. Sanford, P.E. - Keith A. Gordon. PE. + Robert R. Pfefferle, P.E. Richard W. Foster, P.E. • David O. Loskota, PE. • Robert C. Russek, A.I.A, • Mark A. Hanson, P.E. + Michaer T. Rautmann, RE. - Ted K.Field, F.E. • Kenneth P. Anderson. P.E. Mark R. Ralfs. P.E. Sidney P. Williamson, PE.. L.S. - Robert F. Kotsmith - Agnes M. Ring • Allan Rick Schmidt. P.E. Offices: St, Paul. Rochester, Willmar and St. Cloud. MN - Milwaukee. WI Websire: www.bonestroo.com Steve Bohl has requested that the City of Orono reduce his financial guarantee to reflect work completed in the Carriage Bill subdivision in accordance with his Development Agreement. We have reviewed the work completed to date. The folluwing site improvements have yet to be completed: 1. The seeding. sodding and spreading of topsoil work has not yet begun. Because no vegetation has been. established, sediments have been washed into the storm sewer and pond. The storm sewer and pond will need to be cleaned. 2. Finish grading of the pond is incomplete. The berm around the southwest quarter of the pond (between the outlet structure and the south end of the pond) needs to be raised to the 941 contour as shown on the grading plan. This Urading is necessary so that flows reach the outlet structure and not the roadway when the pond reaches the HWL (940.29). Steve indicated that this work has been done, however we will be unable to verify this until the snow cover is gone. The work that has been completed to date was done in accordance with City standards and is acceptable from an engineering standpoint. We would recommend a reduction in the financial guarantee in the following manner: Letter of Credit Original Amount $143.408 Previous Reduction $87,758 Proposed Reduction $12.750 Revised Amount $42,900 The proposed financial guarantee should be retained until all site improvements are complete and vegetation has been established. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. Cc: Mr. Paul Weinberger, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 - 651-636-4600 ■ Fax: 651-636-1311 S-27-1999 7:08AM FROM IND PARALEGAL SERV 612 29B 0398 P. 2 Date: May 26, 1999 Alpine Capital, LLC 1003 Twelve Oaks Center 15500 Wayzata Blvd. Wayzata, MN 55391 i To: City of Orono P.O. Box 66 . Crystal Bay, MN 55323 We open irrevocable standby, letter of credit number 9905030 in the amount of $143,400.00 U.S. dollars, in Favor of yourselves. For the account. of Bohland bevelopment, Inc. expires May 31, 2000 at our counters. Available against drafts diav�xi at sight on Alpine Cauital, LLC bearing the clause, "Drawn under Standby Letter of Credit no. 9905030 of Alpine Ca ital LLC". Accompanied by: I. A beneficiary's signed stAtement stating: "Bohl'and Development. Inc.failed to make certain payments required to be made for improvements or complete the improvements to the satisfaction of the gity, pursuant to the developer's agreement dated May 26, 1999 concerning Carria Hill between the City of Orono and Bohland Development, Inc. " 2. This original letter of credit for endorsement. s Special Condition(s): c 1. This letter of credit is automatically renewable without amendment for and additional six month period from th$ present expiry date or any future expiry date, unless sixty (60) days prior to said ex�iry date we shall notify you in writing, by registered mail, that we have elected not tp renew this letter of credit, but in no event shall the expiry date extend beyond Dece ` ber 3 12000. Payment will be made at the counter of Alpine Capital, LLC, this credit is subject to the uniform customs and piacticl for documentary unless otherwise stated, all documents are to be forwarded to us by mailb or hand delivered to our counters. Documents should be directed to: Alpine Capital, LLC 1003 Twelve Oaks Center 15500 Wavzata Blvd. { Wayzata, NN 55391 We hereby engage with drawers and/or bona fide holders that drafts dravrn and negotiated in conformity with the teims of this credit will be duly honored upon presentation, Alpi�apital, LLC, Wakzata. Minnesota. r i Authorized Signature! i j Bonestroo I RoseneRobert Honestroo. Rosene, Anderlik and Associates. Inc. is an Affirmative Action 'Equal Opportunity Employer 't;ncipals' Otto G. Bone..roc. P.E. - Joseph C. Anderlik, P.E. - Marvin L. Sorvala, P.E. Glenn R. Cook, P.E. - Robert G. Schunicht, P.E. - Jerry A. Bourdon, P.E. . W. Rosene, P.E.. Richard E. Turner. P.E. and Susan M. Eberlin, C.P.A. Senior Consultants Anderlik & i ! Associates Associate Principals: Howard A. Sanford, PE. - Keith A. Gordon, PE, - Robert R. Pfefferle. P.E. Richdrd W. Foster, P.E. • David O. Loskota, P.E. • Robert C. Russek. A.I.A. - Mark A. Hanson, P.E. Michael T. Rautmann, P.E. - Ted KField. P.E. - Kenneth P. Anderson. P.E.. Mark R. Rolfs, P.E. - Sidney P. Williamson, P.E., L.S. • Robert P. Korsmith - Agnes M. Ring - Allan Rick Schmidt, P.E. `+ Offices: St. Paul, Rochester. Willmar and St. Cloud. MN - Milwaukee, WI Engineers & Architects Website,www.bonestroo.com February 17, 2000 Mr. Greg Gappa Director of Public Services City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carriage Hill File No. 139-2467 Dear Greg, Steve Bohl has requested that the City of Orono reduce his financial guarantee to reflect work completed in the Carriage Hill subdivision in accordance with his Development Agreement. We have reviewed the work completed to date. The following site improvements have yet to be completed: 1. The seeding, sodding and spreading of topsoil work has not yet begun. Because no vegetation has been established, sediments have been washed into the storm sewer and pond. The storm sewer and pond will need to be cleaned. 2. Finish grading of the pond is incomplete. The berm around the southwest quarter of the pond (between the outlet structure and the south end of the pond) needs to be raised to the 941 contour as shown on the grading plan. This grading is necessary so that flows reach the outlet structure and not the roadway when the pond reaches the HWL (940.29). Steve indicated that this work has been done, however we will be unable to verify this until the snow cover is gone. The work that has been completed to date was done in accordance with City standards and is acceptable from an engineering standpoint. We would recommend a reduction in the financial guarantee in the following manner: Letter of Credit Original Amount $143,408 Previous Reduction $87,758 Proposed Reduction $12,750 Revised Amount $42,900 The proposed financial guarantee should be retained until all site improvements are complete and vegetation has been established. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC. Cc: Mr. Paul Weinberger, City of Orono 2335 West Highway 36 = St. Paul, MN 55113 ■ 651-636-4600 a Fax: 651-636-1311 5-27-1999 7:08AM FROM IND PARALEGAL SERV 612 295 0398 P.2 Alpine Capital, LLC r 1003 Twelve Oaks Center 15500 Wayzata Blvd. Wayzata, MN 55391 Date: MU 26, 1999 To: City of Orono P.O. Box 66 ` Crystal Bay, MN 55323 We open irrevocable standby, letter of credit number 9905030 in the amount of $143,400.00 U.S. dollars, in �avor of yourselves, For the account.of Bohland 6reveloament-Ine. expires Mgy 31 2000 at our counters. i . Available against drafts drav4a at sight on Alpine Capital, LLCbearing the clause, "Drawn under Standby Letter of Cret no. 9905030 of Alpine Ca ital LLC". Accompanied by: f 1. A beneficiary's signed st4tement stating: "Bohland Develdprnent. Inc. failed to make certain payments required to be made for improvements or complete the improvements to the satisfaction of the gity, pursuant to the developer's agreement dated May 26, 1999 concerning Carriag4 Hill, between the City of Orono and Bohland. Development. 2. This original letter of credit for endorsement. Special Condition(s): 1. This letter of credit is aut6matically renewable without amendment for and additional six month period from the present expiry date or any future expiry date, unless sixty (60) days prior to said expiry date we shall notify you in writing, by registered mail, that we have elected not t� renew this letter of credit, but in no event shall the expiry date extend beyond Dece ` ber 31 2000. Payment will be made at the counter of Alpine Capital, LLC, this credit is subject to the uniform customs and practic for documentary unless otherwise stated, all documents are to be forwarded to as by rxrailp or hand delivered to our counters. Documents should be directed to: Alpine Ca ital LLC 1003 Twelve Oaks Center 15500 Wayzata Blvd. Wayzata, NN 55391 We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with. the terms of this credit will be duly honored upon presentation, Alpine Capital, LLC, Wayzgt. Minnesota. Authorized Signature! Application Date: 4/26/99 REQUEST FOR COUNCIL ACTION DATE: 5/21/99 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Assistant Zoning Administrator Item Description: 42495 Steven Bohl/BohLand Development Zoning District: RR-1B One Family Rural Residential District (2 acre) Comprehensive Plan: Rural Residential Summary: The City Council approved the plat of Carriage Hill on May 10,1999 prior to delivery of the mylar copies to the City, and receiving Hennepin County's approval of the plat. A few minor changes to the plat have occurred including revised legal descriptions and correcting lot dimensions. However the lot arrangement and road layout have not changed from the Preliminary Plat Approval. An issue that must be resolved prior to filing the plat is a property exchange between proposed Lot 5 and the adjacent property owned by Keenan G. and Jean Ledell Richardon located at 1000 Willow Drive South. This lot is not included as part of the plat. The survey revealed that a fence located between the Carriage Hill property and the Richardson property did not follow the actual property boundary. Steve Bohl has worked with the Richardsons to agree on a property exchange that would allow the fence to be located entirely with the Richardson's property. It is the legal opinion of the City a Class I subdivision for a lot line rearrangement is included as a requirement for filing of the Carriage Hill plat. A condition of Preliminary Plat approval the applicant shall meet all platting requirements as determined by the City Attorney. The plat can be approved with the provision the subdivider completes a Class I subdivision for the lot line rearrangement. A second concern is the plat shows BohLand Development, Inc. as the fee owner of the property. However they are not the property owner according to the title opinions provided to the City. BohLand Development, Inc. will be the fee owners on the property before the plat is filed. The plat cannot be filed until BohLand Development closes on the property. COUNCIL ACTION REQUESTED To reconsider the Final Plat application. IA 03 d w j$ rs 16 R Op Io rc v •� M '- iY CAter. y+d o I '• �3 � i I _ v � � � ! I / ��� ` {may. st��•!�� � � f�-tiY- \4 1 �y ��a„ g •` � •'y. 3 � r a► $ � ; •s; � ��� I I � �I r — i � �4 4m 3 i�'�•,•it Ilk j all r � o ' g jig if L �`•i I �II '�� � `�' `,`u `" � � i ��� 11 �� • I I ' � 1' ` --- r tl a a �x¢ �• tea" "��� ,r ------ - �R ,�. as y` "do*r — — t Or7rc7 reysu AI.O$IYa�H Al ' I Will � rl A RESOLUTION APPROVING THE PLAT OF CARRIAGE HILL FILE NO.2495 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 the land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a six lot plat by Steven R. Bohl, Bohland Development, Inc. hereinafter ("the subdivider"); and WHEREAS, the subdivision has been found to meet the intent of the RR- 1B, Single Family Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed by granting lot width variances to Lots 3 and 4, where 200' is the minimum lot width requirement; and WHEREAS, the subdivision includes a Class I subdivision of a lot line rearrangement between the developer and Keenan G. Richardson and Jean Ledell Richardson, owners of property located at 1000 Willow Drive South legally described in Exhibit B; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Completion of all the requirements of Resolution No. 4267. 2. Dedication on the plat of drainage and utility easements. 3. Dedication to the City of flowage and conservation easements providing for limitations on the use of the wetlands described therein as shown on the plat as "drainage easement." 4. Dedication to the City of right-of-way for Willow Drive South and Brown Road South. 5. Payment to the City of a park dedication fee of $29,400. Page 1 of 7 6. Payment to the City for the final plat legal review and filing of the plat, easements and covenants in the amount of $400.00. 7. The MCWD shall approve the Grading, Drainage and Street Construction Plans. 8. Conditional Use Permit granted for grading along the property line per Resolution No. 4268. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Carriage Hill, Hennepin County, Minnesota, legally described in exhibit B, subject to the following conditions: 1. Submitted Letter of Credit for 150% of the site improvements based on the City Engineer's estimate. 2. Only Lot 1 shall not have access to Outlot C, Carriage Lane. 3. Lots 2, 3, 4, 5 and 6 shall have access to Outlot C, Carriage Lane. Lots 2, 3, 4, 5 and 6 shall not have access to Willow Drive or Brown Road South. 4. A lot width variance is granted for Lots 3 and 4 which front on a cul-de-sac and which do not meet the required 200' width at the 50' setback. 5. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles on or before November 10, 1999 together with a certified original copy of this resolution. 6. The private Outlot C shall henceforth be known as Carriage Lane. 7. The private road shall be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the subdivider. The subdivider has created a homeowners association which shall be responsible for maintenance of Carriage Lane located in Outlot C. 8. Outlot B shall be owned and maintained by the owner of Lot 2. The Outlot B shall serve as a private driveway for Lot 2. No other lots shall use said Outlot B for access. Page 2 of 7 9. Subdivider shall concurrent with road construction, construct stormwater management improvements generally as shown on the Preliminary Grading, Drainage and Street Construction Plan dated April 21, 1999 subject to any revisions of said plan as may be required by the City Engineer. The final Grading, Drainage and Street Construction Plan must be approved by the City Engineer prior to release of Final Plat for filing. 10. The private road in Outlot C and required drainage and stormwater improvements shall be constructed to City requirements, subject to a Developers Agreement executed between the City and the developer, and subject to review and approval by the City Engineer. 11. No building permits will be issued until the private road base work, all improvements and septic sites protected by fencing material have been completed by the developer and approved by the City. 12. Subdivider shall plant boulevard trees along the private road per the requirements of Section 11.60, Subdivision 2 and are subject to review by the City's landscaping consultant. 13. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced off prior to any land alterations, and such fencing shall remain in place until such time that each Lot is developed. 14. The subdivider has proposed easements for monument signs located on Lots 5 and 6 adjacent to Outlot C. The subdivider is advised a monument sign plan must be provided to the City and approved by the City Council. 15. Prior to City release of the plat for filing the subdivider shall provide title opinions acceptable to the City Attorney, and applicant shall meet any other title requirements as may be required by the City Attorney. 16. Mortgage consent is granted by Mortgagee for the 1100 Willow Drive South property described in Exhibit B. 17. The subdivision includes subdivider agrees to filing a Class I subdivision for a lot line rearrangement with the 1100 Willow Drive South property prior to filing of the plat. Page 3 of 7 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 24th day of May, 1999. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Gabriel Jabbour, Mayor The foregoing instrument was acknowledged before me on this 24th day of May, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 7 CITY of 4RUNU Municipal OPtices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 November 17, 1999 Nancy Chadwick Hinshaw & Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, Minnesota 55402 Re: Resolution No. 4298 - Steven Bohl Your File No. 752031 Dear Nancy: Pursuant to your letter dated October 29, 1999, I am enclosing a corrected copy of Resolution No. 4298 for recording. If you have any questions, please call me at 249-4603. Thank you for your cooperation. Sincerely, Carole A. Haseman Deputy Clerk Enc. Telephone (612) 2494600 • Fax (612) 2494616 TY of ORONO :ION OF THE CITY COUNCIL NO. ._!!? g A GRANTING APPROVAL FG _.N ENTRANCE MONUMENT PLAN FOR CARRIAGE HILL FILE NO.2495 WHEREAS, Steven Bohl, BohLand Development, (hereinafter the "subdivider") received approval for the plat of Carriage Hill (hereinafter the "subdivision"); and WHEREAS, a requirement of final subdivision approval an entrance monument site plan must be approved by the City Council; and WHEREAS, the subdivider has submitted an entrance monument plan for the Carriage Hill subdivision; and WHEREAS, at their regular meeting held on May 24,1999, the Orono City Council considered the entrance monument plan for Carriage Hill and noted the following findings: The monuments will be located within Lots 5 and 6, Block 1, Carriage Hill adjacent to Outlot C (private road named Carriage Lane). 2. The subdivider has established a maximum size for each monument to be 3 feet in width, 3 feet in length and a height of 5 feet. 3. The monuments shall include only maintenance free materials such as concrete, stone, and brick and of a subdued apprearance. 4. A white three rail wood fence will be constructed from the monument extending 20 feet in length parallel to the established lot lines for Lots 5 and 6 as shown on the site plan, attached as Exhibit A. 5. The subdivider has created easements, attached exhibit B, which shall be in favor of the Homeowners Association over Lots 5 and 6, Carriage Hill for the purpose of maintenance and upkeep of the entrance monuments. Page 1 of 4 HINSHAW & CULBERTSON PIPER JAFFRAY TOWER APPLECON, WISCONSIN SUITE 3100 MIAMI, FLORIDA BELLEVILLE, ILLINOIS 222 SOUTH NMH STREET MILWAUKEE, WISCONSIN BLOOMINGTON, ILLINOIS MINNEAPOLIS, MINNESOTA 55402 MUNSTER, INDIANA BROOKFIELD, WISCONSIN PEORIA, ILLINOIS CHAMPAIGN, ILLINOIS 612.333.3434 PHOENIX, ARIZONA CHICAGO, ILLINOIS TELEFAX: 612.295.0398 ROCKFORD, ILLINOIS CRYSTAL LAKE, ILLINOIS ST. LOUIS, MISSOURI FT. LAUDERDALE, FLORIDA SAN FRANCISCO. CALIFORNIA JACKSONVILLE, FLORIDA SPRINGFIELD, ILLINOIS JOLIET, ILLINOIS TAMPA, FLORIDA LAKE GENEVA, WISCONSIN Nancy Chadwick WAUKEGAN, ILLINOIS LISLE, ILLINOIS Direct: 612295.0660 nchadwick@onrampinc.net October 29, 1999 Carole A. Haseman, Deputy City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Resolution Nos. 4179 and 4298 Our File No. 752031 Dear Carole: I am returning the certified copies of the subject resolutions that you sent to me for recording. The legal descriptions on each of these resolutions need to be modified to permit recording. The legal description on Resolution No. 4179 should read Lot 6, Auditor's Subdivision No. 349, Hennepin County, Minnesota; and the legal description on Resolution No. 4398 should read Lots 5 and 6, Block 1, Carriage Hill. As in the past, correction of these legal descriptions does not require approval of the Council because it does not change the intent of the resolution. Please make the noted corrections to the legal descriptions on each of these resolutions and return certified copies of each resolution to me for recording. Thank you for your attention to this matter. If you have any questions, please do not hesitate to call me. Very truly yours, Nancy L. Chadwick Paralegal Enclosure cc: Thomas J. Barrett, Esq. CITY of ORONO RESOLUTION OF THE CITY.000NCIL NO. 42 A RESOLUTION GRANTING APPROVAL FOR AN ENTRANCE MONUMENT PLAN FOR CARRIAGE HILL FILE NO.2495 WHEREAS, Steven Bohl, BohLand Development, (hereinafter the "subdivider") received approval for the plat of Carriage Hill (hereinafter the "subdivision"); and WHEREAS, a requirement of final subdivision approval an entrance monument site plan must be approved by the City Council; and WHEREAS, the subdivider has submitted an entrance monument plan for the Carriage Hill subdivision; and WHEREAS, at their regular meeting held on May 24,1999, the Orono City Council considered the entrance monument plan for Carriage Hill and noted the following findings: 1. The monuments will be located within Lots 5 and 6 Carriage Hill adjacent to Outlot C (private road named Carriage Lane). 4 Mock I 2. The subdivider has established a maximum size for each monument to be 3 feet in width, 3 feet in length and a height of 5 feet. 3. The monuments shall include only maintenance free materials such as concrete, stone, and brick and of a subdued apprearance. 4. A white three rail wood fence will be constructed from the monument extending 20 feet in length parallel to the established lot lines for Lots 5 and 6 as shown on the site plan, attached as Exhibit A. 5. The subdivider has created easements, attached exhibit B, which shall be in favor of the Homeowners Association over Lots 5 and 6, Carriage Hill for the purpose of maintenance and upkeep of the entrance monuments. Page 1 of 4 May-20-99 10:29A Michael T. Hoekstra (612) 476-1767 P-01 Michael T. Hoekstra Attorney at Law 19075 Easton goad Wayzata, MN 55391-3126 Ph. (612) 473-9374 FAX (612) 476-1767 FAX COVER SHEET DATE: May 209 19 TO FAX NO. 295-0399 PLEASE DELIVER THE FOLLOWING TO: Nancy Chadwick FROM: Michael T. Hoekstra TOTAL NUMBER OF PAGES (INCLUDING COVER): 7 Re. Plat of CARRIAGE HILLS MEMO: Enclosed please find a Title Opinion concerning the captioned matter. I FAX and mail the original to Mike Gaffroni at the City of Orono today. a CONFIDENTIALITY NOTICE THIS MEMORANDUM AND THE '[RANSMISSION IT ACCOMPANIES CONTAINS CONFIDENTIAL TNFORMATION MAY BE PROTECTED BY ATTORNEY -CLIENT PRIVILEGE, IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, YOU ARE INSTRUCTED TO IMMEDIATELY DESTROY ALL PAGES AND PROMPTLY NOTIFY THE SENDER BY TELEPHONE. ,q 9 4 l Mike Gaffron, City of Orono - FAX - 510 (ORIGINAL VIA MAIL) Sieve Rohl, BohLand Development, Inc. - FAX 473-2807 May-20-99 10:29A Michael T_ Hoeks'tra (612) 476-1767 R.02 Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 PH (612) 473-9374 FAX (612) 476-1767 May 20, 1999 Attn: Mike Gaffron City of Orono 2750 Kelley Parkway Lang Lake, MN 55356 Re: Title Opinion File N o . 97-012R Gentlemen: Pursuant to your request 1 have examined the title to property in Hennepin County, Minnesota legally described as follows: DESCRIPTION. See Attached Exhibit "A"for Legal Description This examination was based upon an Abstract of Title containing entries 1 to 365 inclusive and an Abstract of Title containing entries 367 to 682 inclusive, Moth certified to by Title Insurance Company of Minnesota, information from the Hennepin County Recorder's Tract Index, a survey prepared by Westwood Professional Services, Inc_ for the Final Flat of Carriage Hill, and a Title Insuranen Commitment dated March 12, 1999 prepared by Chicago Title Insurance Company under it's Case No. 256478, From such examination, I am of the opinion and find that on said elate at said time, Elizabeth S. Borman and Jeanne E. Corvvin, were the owners of a good and marketable title in fee simple to said land, free and clear of all encumbrances except the following: 1. Taxes; Taxes due and payable in the year 1998 and prior years are paid in full_ Taxes due and payable in 1999 are as follows: `faxes for PID NO. 14-117-23-21-0007 are $3,781.50,base tax 3,781.50,solid waste fee $43.35, Non -homestead for taxes payable in 1999, Taxes for PID No. 10-117-23-24-OWI are $202.66, base tax $200.95, solid waste fee $1.71,Nnn-homestead for taxes payable in 1999. Taxes for PID No, 10- 117-23 -2 1 -0001 are $3.96, base tax $3.93. solid waste fee $.03, Non -homestead for taxes payable in 1999. The listed taxpayer on above three PID Numbers are E. S. Borman and J. E. Corwin. May-20-99 10:29A Michael T. Hoekstra (612) 476-1767 R.03 2. Spousal Interest: It is my understanding that Elizabeth S. Borman is married to Marvin Borman and that Jeanne F„ Corwin is married to Burt H. Corwin, Accordingly it will be necessary for the fee owner's spouses, Marvin Borman and Burt H, Corwin, to join irz signing the conveyancing documents in favor of BohLand Development, Inc., a Mitulesota corporation, which is to be the party executing the plat of Carriage Hill. 3, Boundpa Line with neighboring Property: The Survey has revealed that the fence lines between the property owned by Keenan G. Richardson and Jean Ledell Richardson and the Corwin and Borman property do not coincide exactly with the legal descriptions of the Richardson property and the Corwin and Borman property. It is my understanding that the developer, BohLand Development, Inc. and the Richardsons have agreed to resolve the discrepancy by an exchange of Quit Claim Deeds so that the Richardson legal description and the description for the proposed plat of Carriage Hill coincide, The proposed legal description for the Richardson parcel is attached hereto as Exhibit "B". There are two mortgages on the Richardson property, The first mortgage is dated December 29, 1997, was recorded February 13, 1998 as Document No. 6849954 attd was executed by Keenan C. Richardson and Jean Ledell Richardson in favor of Residential Mortgage Group, Inc. This mortgage was assigned to Norwest Mortgage, Inc. by an Assigrnnent of Mortgage dated December 29, 1997, recorded February 20, 1998 as Document No.6853432, The second mortgage is elated March 31, 1998, was recorded May 4, 1998 as Document No, 6890806 and was executed by Keenan G. Richardson and Jean Ledell Richardson in favor of U.S. Bank National Association. Mortgage Modifications and Partial Releases of the above mortgages should be obtained and recorded. It is my understanding that these documents have been forwarded to the lenders for execution. The Property Identification number for the Richardson property is 10-117-23-21- 0004. 1999 tax amount is $4,037,32,base tax amount is $4,014.48,solid waste fee $42.84. Homestead for taxes payable in 1999. 1 have talked with Dennis Hill of the Hennepin County Department of Property Taxation and have been advised that the property line readjustment, if acceptable to the City, could be handled by an exchange of Quit Claim Deeds to be recorded before the filing of the plat of Carriage Hill, In such case the real estate taxes on the Richardson property would not need to be }paid in order to record the plat of Carriage Hill according to Mr, Hill. 4. Roadways: The following public roadways appear to affect the property; Willow Drive South on the west Side of the property. Brown Road South on the east side of the property, King Street can the north side of the property, May-20-99 10:29A MichaQl T. Hookstra (612) 476-17617 R_04 S. Such ownership is also subject to the following: a) Rights, if any, of the parties in possession other than said owners; h) Mechanics lien rights, if any, for any recent improvements upon said premises or property connected therewith; c) Special assessments, if any, which may be levied upon said premises; d) Public zoning, building, or environmental ordinances and regulations; C) Encroachments, gaps, overlaps, boundary line issues, environmental and lead paint issues, and other matters which would be disclosed by an accurate survey and/or inspection of the premises; t) Records subsequent to abstract and title commitment certification dates; g) Unpaid water or sewer bills, if any, which could constitute a lien against the premises. Thank You for allowing mc-, to be of service to you in this matter. Yours very trul , Michael T. Hoekstra MTH:ms cc, Nancy Chadwick, Hinshaw and Culbertson May-20-99 10:30A Michael T. Haekstra (612) 476-1767 P_05 EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast Quarter of the Northwest Quarter and Government Lot 6 in Section 1.0, Township 117, Range 23, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Government Lot 6; thence South 00 degrees 04 minutes 55 seconds West assumed bearing, along the east line of said Government Lot 6, a distance of 61,43 feet to the actual point of beginning; thence North 00 degrees 04 minutes 55 seconds East, along the east line of said Government Lot 6 and said Northeast Quarter of the Northwest Quarter, a distance of 1336,12 feet to the intersection with the easterly extension of the south line of King Street, as dedicated on the plat of MINNETONKA VIEW, according to the recorded plat thereof; thence North 89 degrees 41 minutes 50 seconds West, along said south line and said eastefly extension, a distance of 173.00 feet; thence North 00 degrees 04 minutes 55 seconds East, parallel with said east line of the Northeast Quartet' of the Northwest Quarter, a distance of 33.00 feet to the north litre of said Northeast Quarter of the Northwest (quarter; thence North 89 degrees 41 minutes 50 seconds West, along said north line a distance of 1154,93 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 00 degrees 08 minutes 30 seconds West, along the west Iine of said Northeast Quarter of the Northwest Quarter, a distance of 622.71 feet to the north line of JOIINSTONS FRENCH LAKE SECOND ADDITION, according to the recorded plat thereof; thence South 89 degrees 42 minutes 52 seconds Fast, along said north line, a distance of 37.26 feet to the northeast corner of said JOI-INSTONS FRENCH LAKE SECOND ADDITION; thence South 02 degrees 05 minutes 38 seconds East, along the east line of said JOHNSTONS FRENCH LAKE SECOND ADDITION, a distance of 224,10 feet; thence southerly, continuing along said east line, along a tangential curve, concave to the east, having a central angle of 26 degrees 30 minutes 01 seconds, a radius of 669.62 feet, for an are distance of 309.71 feet; thence South 54 degrees 45 minutes 18 seconds East, continuing along said east line, not tangent to the last described curve, a distance of 83.06 feet; thence South 35 degrees 36 minutes 55 seconds East, continuing along said east line, a distance of 96.43 feet to the most easterly corner of said JOHNSTONS FRENCII LAKE SECOND ADDITION; thence North 53 degrees 30 minutes 36 seconds East, a distance of 243.02 feet; thence South 44 degrees 51 minutes 12 seconds East, a distance of 248.84 feet; thence South 47 degrees 32 minutes 39 seconds West, a distance of 284.00 feet to the center line of Willow Drive; thence South 35 degrees 40 minutes 44 seconds East, along said centerline a distance of 630.17 feet to a line that hears South 41 degrees 04 minutes 55 seconds West from the paint of beginning; thence North 41 degrees 04 minutes 55 seconds East, a distance of 833.84 feet to the point of beginning. May-20-99 10:30A Michael T. Hoekstra (612) 476-1767 R_06 Except therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 117, Range 23, Hennepin County, Minnesota, corre&ponding t❑ Lot 10, Block 6, MINNETONKA VIEW, now vacated together with the southerly half of the east west vacated alley as delineated in Block 6 and dedicated on said plat, lying between the northerly extensions of the east and west lines of said Lot 10 and together with the northerly half of vacated Rose Street as dedicated on said plat, tying between the southerly extensions of the east and west lines of said Lot. 10. May-20-99 10:30A Michael T. Hoekstra (612) 476-1767 P.07 EXHIBIT "B" PROPOSED LEGAL DF-SCRTPTTON FOR RICHARDSON PARCEL That pure of the Northeast Quarter of the Northwest Quarter and Government Lot 6 in Section 10, Township 117, Range 23, Hennepin County, !Minnesota, described as fellows: Commencing at the southwest corner of said Northeast Quarter of the Northwest (quarter, thence North 00 degrees 08 minutes 30 seconds West, assumed heating along the west line of said Northeast Quarter of the Northwest Quarter, a distance of 389.76 feet; thence South 36 degrees 06 minutes 22 seconds East, a distance of 426.62 feet to the most easterly corner of JOHNSTONS FRENCH LAKE ,SECOND ADDITION, ac wading to the recorded plat thereof and the actual point of beginning; thence North 53 degrees, 30 minutes 36 seconds East, a distance of 243,02 feet; thence South 44 degrees 51 minutes 12 seconds East, a distance of 248.84 feet; thence South 47 degrees 32 minutes 39 seconds West, a distance of 284,00 feet to the centerline of Willow Drive; thenca North 35 degrees 48 minutes 55 seconds West, a distance of 275.73 feet to the point of beginning. /99 10:04 FAX 682 2639 WESITOOO PROF SERVICES fJ002/003 EXHIBIT B CA RRIA GE 50 \ HILL f � =f f 0, 20' 40' 5 f \ W � 3 ;. 0) o f \ I d � to Flo I o I \ `OO S 6' . \ N54019'16"E t 90° , \�0� 25.00 �S \ t GO -----N54019'16"E 1 25.00 / 05 0 °�° oo� 0 ao ,c� � 3 k 3��5 � �'�j5 rLG�J�� S�O, saw ti nt, ti t Sa° ' 00� fMonJ+r.en�fr �� \1 I \1 t � r � N54°19'16"E �� sod r 5� ,�- 25.00 �Q b,(3 O° c f � O \Q� C,�j�j 1 1 0 Westwood Professional Services, Inc. 104 Marty Drive, Suite 3 April 26, 1999 Buffalo, MN 55313 Phone:612-682-2587 Fax:612-682.2639 LEGAL DESCRIPTION - Proposed Monument Easements Toll Free: 1-888-682-2587 Email: wps®westwoodps.com That part of Lot 5, Block 1, CARRIAGE HILL, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the most westerly corner of said Lot 5; thence northeasterly along the northwesterly line of said Lot 5 a distance of 25.00 feet; thence southeasterly angle left 90 degrees 00 minutes 00 seconds a distance of 25.00 feet; thence southwesterly angle left 90 degrees 00 minutes 00 seconds a distance of 25.00 feet to the southwesterly line of said Lot 5; thence northwesterly, along said southwesterly line, a distance of 25.00 feet to the point of beginning. ALSO That part of Lot 6, Block 1, CARRIAGE HILL, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the most southerly corner of said Lot 6; thence northeasterly along the southeasterly line of said Lot 6 a distance of 25.00 feet; thence northwesterly angle right 90 degrees 00 minutes 00 seconds a distance of 25.00 feet; thence southwesterly angle right 90 degrees 00 minutes 00 seconds a distance of 25.00 feet to the southwesterly line of said Lot 6; thence southeasterly, along said southwesterly line, a distance of 25,00 feet to the point of beginning. Designing the Future Today since 1972 HC:N3a (IM8) , HENNEPIN COUNTY Transportation Department 1600 Prairie Drive - Medina, MN 55340-5421 Permit No. C NUh) -b 6 C PILL DRIVEWAY OR STREET ENTRANCE PERMIT AND SPECIAL PROVISIONS Field inspected by ''a; r4 i %'! 't' ,,r., +.may Date' ,�?y;'i s �.'j rK' ng ;}" :: tint' Location _ u � � �-- yo �- � � Speed zone Nearest Cross Street (if rural) NIA A•. A. D.T. Sight distance: Actual - Left Right Minimum - Left Curb to be removed to: ❑ Construction Joint ❑ Sawed Joint Recommended drainage: b Surface ❑ Culvert Culvert length 1. CONSTRUCTION SPECIFICATIONS (Within Right -of -Way) Right Culvert diameter BASE SURFACE CURB SIDEWALK SHOULDER BLVD - DITCH Type-L' „. ;`� ; _ Type 2341;+' ' Type Type type Topsoil e Depth 4" .tiro Depth 2" AIR Design Depth Depth` Depth 2. TRAFFIC CONTROL REQUIREMENTS FlIate k or $4 as mHxw 3. SPECIAL PROVISIONS U ne ,,> # vste d r i veway a nh a.wowt permi t~t*d as dr a v r: . i R/W IMPORTANT: DO NOT PLACE CONCRETE ON COUNTY RIGHT-OF-WAY WITHOUT WRITTEN PERMISSION. IF YOU HAVE ANY QUESTIONS, CALL (612) 746-7643. Diagram A TYPE "a" CONSTRUCT ROUNDED BERM TO PREVENT WATER FROM RUNNING DOWN Final inspection date Driveway was found to be ❑ Satisfactory ❑ Unsatisfactory I C/L IMPORTANT: APPROVED/®ENFE@: HENNEPIN COUNTY Transportation Dept. Diagram B CONSTRUCT SWALE TO DIVERT WATER FROM RIW SHOULDER. Place culvert in existing ditch Inspected by By Date v ENTRANCE PERMIT FEES PRIVATE $50. TEMPORARY $100. COMMERCIAL $200. STREET $200. HENNEPIN COUNTY Transportation Department Permit No. l'� Planning Division C r Mi;NSjtjvE5340 APPLICATION FOR DRIVEWAY OR STREET ENTRANCE PERMIT (Read "General Requirements" reverse side) Bahiand €�avolop nt tnc Name of applicant Phone Address (city) (state) .zip code �y;� �•T�:�.:91:1Nti� l�er���>a�r�� ,f�,r_ �;' i:1�� Name of Property Owner Address 1. Contractor performing work (If Known) 2. Application is hereby made for permission to construct and thereafter maintain: Drivewaylb 3. Building to be constructed: Yes ❑ No o Residence ❑ Commercial (Specify Type) 4. Driveway or street will be: ❑ Temporary `b Permanent Date proposed entrance will be needed: 612-720-6505 Phone Public Street(s) 5. Is the property: Platted ❑ Unplatted Number of present driveways or entrances to property: 6. Building Permit acquired: ❑ Yes No City t5 �' Permit No. 7. Type of proposed entrance surface. A Bituminous ❑ Concrete ❑ Rock ❑ Other Co R**d 146 Orono B. Location (Address) (Co. Road) (City) 9. Location, if rural: Miles of (N., S., E., or w.) x_ (Road or Street) Dated Applicant's Signature Printed Name TO HELP THE INSPECTOR, PLACEA STAKE WITH A CLOTH ATTACHED IN THE CENTER OF THE PROPOSED ENTRANCE, HIGHER THAN ANY SURROUNDING VEGETATION. APPLICANT'S DIAGRAM - (If plot or construction plan is not submitted) P1*&&e see oncLased conatruotLon pie;! Complete this form and send all copies to: Hennepin County Transportation Department, Planning Division, 1600 Prairie Drive, Medina, Minnesota 55340. Phone: (612) 745-7643, FAX. • (612) 478-4000. After approval, one copy will be returned to applicant. 3EQN PRIVATE DRIVEWA --ONSTRUCTION MA=xISTING 31TUWlt4OUS AT BRO STA. 0+15 'R BROWN ROAD WIDEN DRIVEWAY 6-0r MATCH E)USTING DRIVE & PROVIDE POSITIVE "AGI., TO SOUTHgoy cs O� SILT FENCE (TYP.) RETAINING WALL (TYP.) LP=940.6 TW Ap 0 4' 05, < CS) I I Lon of - TW 940.4 BW 935.5 to( OWNER T ABOVE P CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR Carriage Hill (Name of Development) Bohland Development. Inc. (Name of Developer) THIS AGREEMENT, Made and entered into this �tiL7 A day of 1999 by and between the City of Orono, a municipal corporation organized under the la s of the State of Minnesota (hereinafter called "City"), and Bohland Development, Inc. its heirs, successors and assigns, (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a final plat of land within the corporate limits of the City legally described in Exhibit A attached hereto and incoporated herein by reference (the "Subdivision"); and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for the installation of 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: Initials of Developer 3 R 6 Initials of City Clerk Page I of 7 1.. PrQp= Description The Property is legally described as set forth in Exhibit A, and is to be replatted into Lots 1 through 5 and Dutlot A, B and C, Carriage Hill. 2. Improvements: In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: A. Site grading, including all necessary erosion control procedures (hereinafter called "site grading improvements"); B. Street grading, graveling and stabilizing (hereinafter called "street improvements"); C. Storm sewers, including all necessary culverts, catch basins, ponds, inlets, channel improvements, and other appurtenances (hereinafter called "storm sewer improvements"); D. Permanent street surfacing (hereinafter called "permanent street improvements"); E. Standard street name signs at all newly opened intersections and such other traffic control signs within the ' Subdivision to be installed only by the City (hereinafter called "traffic signing improvements"); F. Entrance monuments, signage and landscaping including boulevard sodding, seeding, berms, and plantings (hereinafter called "landscaping improvements"); G. Underground gas, electric, cable and telephone service to be arranged by Subdivider with the utility companies involved (hereinafter called "utility improvements"); and 3. CQnstmetion Plans: The following described 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 the start of construction. The Plans and specifications shall conform to all currrent City standards for all applicable work. Initials of Subdivider "' � Initials of City Clerk Page 2 of 7 4. Construction of Improvements A. Commencement Date - The construction of Improvements shall begin no later than July 15, 1999. B. Completion Date - All Improvements, with the exception of bituminous wearcourse shall be completed no later than September 30, 1999. 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. PreConstruction 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. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. 5. Performance Deposit: 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 all claims for work done and materials and supplies furnished, the Developer has deposited with the City at the time of the execution of this agreement 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 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than September 30, 2000. Initials of Subdivider Initials of City Clerk Page 3 of 7 6. Fees and Expense 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. 7. Resolutions of City: Developer agrees to ' be bound by the provisions set forth in all resolutions of the City Council approving the Development. 8. 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 to be executed by the Developer, 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 Developer. 9. 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. Notice 'to City City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Notice to Developer Steven R. Bohl Bohland Development, Inc. 420 Upland Lane North Plymouth, MN 55447 10. Incorporation by Referenco; All plans, special provisions, proposals, specifications and contracts for the Improvements fiu-nished and let pursuant to this agreeemnt shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 11. Disclaimer by CjW. 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 kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Initials of Subdivider' Initials of City Clerk — Page 4 of 7 12. 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 subcontractors; whether or not caused in part by a party indemnified hereunder. 13. Remedy forDefault: 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 in this development. A. 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 Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. 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. CITY OF ORONO By; By: (/ (City Clerk) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) k ,The foregoing instrument was acknowledged before me on this ci4+h day of M .192 , by Gabrial Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN -` :V NOTARY PUBLIC-MIN14ESOTA Notary Public HENNEPIN,COUNTY '•° My Commission Expltes Jan, 31, 200n , pp r Initials of Subdivider Initials of City Clerk Page 5 of 7 DEVELOPER By: Axe Js4s �'j�y.4- �� di�•�^P.��e�� STATE OF. NIINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of Rail 1991 before me a Notary Public within and for said county, personally appe ed±,he c known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ��• CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA " HENNEPIN COUNTY , 3 �..••• My Commission P�iras Jan. 31, 2000 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN. ) NOTARY PUBLIC On this day of , 199 before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Reviewed for Administration: Date: By: (City Official) Initials of Subdivider 5aa Initials of City Clerk Page 6 of 7 This document has been drafted by: City of Orono 2750 Kelley Parkway P.O. BOX 66 Crystal Bay, Minnesota 55323 Page 7 of 7 Initials of Subdivider S- Initials of City Clerk Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 PH (612) 473-9374 .FAX (612) 476-1767 May 20, 1999 Attn: Mike Gaffron City of Orono 2750 Kelley Parkway Long Lake, MN 55356 Re: Title Opinion File No. 97-012R Gentlemen: u► i '1 %,, & . i %A,*U Pursuant to your request I have examined the title to property in Hennepin County, Minnesota legally described as follows: DESCRIPTION: See Attached Exhibit. "A"for Legal Description This examination was based upon an Abstract of Title containing entries 1 to 365 inclusive and an Abstract of Title containing entries 367 to 682 inclusive, both certified to by Title Insurance Company of Minnesota, information from the Hennepin County Recorder's Tract Index, a survey prepared by Westwood Professional Services, Inc. for the Final Plat of Carriage Hill, and a Title Insurance Commitment dated March 12, 1999 prepared by Chicago Title Insurance Company under it's Case No. 256478. From such examination, I am of the opinion and find that on said date at said time, Elizabeth S. Borman and Jeanne E. Corwin, were the owners of a good and marketable title in fee simple to said land, free and clear of all encumbrances except the following: 1. Taxes: Taxes due and payable in the year 1998 and prior years are paid in full. Taxes due and payable in 1999 are as follows: Taxes for PID NO. 10-117-23-21-0007 are $3,781.50,base tax $3,781.50,solid waste fee $43.35, Non -homestead for taxes payable in 1999. Taxes for PID No. 10-117-23-24-0001 are $202.66, base tax $200.95, solid waste fee $1.71, Non -homestead for taxes payable in 1999. Taxes for PID No. 10- 117-23-2 1 -0001 are $3.96, base tax $3.93, solid waste fee $.03, Non -homestead for taxes payable in 1999. The listed taxpayer on above three PID Numbers are E. S. Borman and J. E. Corwin. 2. Spousal Interest_ It is my understanding that Elizabeth S. Borman is married to Marvin Borman and that Jeanne E. Corwin is married to Burt H. Corwin. Accordingly it will be necessary for the fee owner's spouses, Marvin Borman and Burt H. Corwin, to join in signing the conveyancing documents in favor of BohLand Development, Inc., a Minnesota corporation, which is to be the parry executing the plat of Carriage Hill. 3. Bound Line with neighboring Pro e : The survey has revealed that the fence lines between the property owned by Keenan G. Richardson and Jean Ledell Richardson and the Corwin and Borman property do not coincide exactly with the legal descriptions of the Richardson property and the Corwin and Borman property. It is my understanding that the developer, BohLand Development, Inc. and the Richardson have agreed to resolve the discrepancy by an exchange of Quit Claim Deeds so that the Richardson legal description and the description for the proposed plat of Carriage Hill coincide. The proposed legal description for the Richardson parcel is attached hereto as Exhibit "B" . There are two mortgages on the Richardson property. The first mortgage is dated December 29, 1997, was recorded February 13, 1998 as Document No. 6849954 and was executed by Keenan G. Richardson and Jean Ledell Richardson in favor of Residential Mortgage Group, Inc. This mortgage was assigned to Norwest Mortgage, Inc. by an Assignment of Mortgage dated December 29, 1997, recorded February 20, 1998 as Document No. 6853432. The second mortgage is dated March 31, 1998, was recorded May 4, 1998 as Document No. 6890806 and was executed by Keenan G. Richardson and Jean Ledell Richardson in favor of U.S. Bank National Association. Mortgage Modifications and Partial Releases of the above mortgages should be obtained and recorded. It is my understanding that these documents have been forwarded to the lenders for execution. The Property Identification number for the Richardson property is 10-117-23-21- 0004. 1999 tax amount is $4,057.32,base tax amount is $4,014.48,solid waste fee $42.84, Homestead for taxes payable in 1999. I have talked with Dennis Hill of the Hennepin County Department of Property Taxation and have been advised that the property line readjustment, if acceptable to the City, could be handled by an exchange of Quit Claim Deeds to be recorded before the filing of the plat of Carriage Hill. In such case the real estate taxes on the Richardson property would not need to be paid in order to record the plat of Carriage Hill according to Mr. Hill. 4. Roadways: The following public roadways appear to affect the property: Willow Drive South on the west side of the property. Brown Road South on the east side of the property. King Street on the north side of the property. 5. Such ownership is also subject to the following: a) Rights, if any, of the parties in possession other than said owners; b) Mechanics lien rights, if any, for any recent improvements upon said premises or property connected therewith; c) Special assessments, if any; which may be levied upon said premises; d) Public zoning, building, or environmental ordinances and regulations; e) Encroachments, gaps, overlaps, boundary line issues, environmental and lead paint issues, and other matters which would be disclosed by an accurate survey and/or inspection of the premises; f) Records subsequent to abstract and title commitment certification dates; g) Unpaid water or sewer bills, if any, which could constitute a lien against the premises. Thank You for allowing me to be of service to you in this matter. Yours ve truly, Michael T. Hoekstra MTH:ms cc: Nancy Chadwick, Hinshaw and Culbertson EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast Quarter of the Northwest Quarter and Government Lot 6 in Section 10, Township 117, Range 23, Hennepin County, Minnesota described as follows: Commencing at the northeast comer of said Government Lot 6; thence South 00 degrees 04 minutes 55 seconds West assumed bearing, along the east line of said Government Lot 6, a distance of 61.43 feet to the actual point of beginning; thence North 00 degrees 04 minutes 55 seconds East, along the east line of said Government Lot 6 and said Northeast Quarter of the Northwest Quarter, a distance of 1336.12 feet to the intersection with the easterly extension of the south line of King Street, as dedicated on the plat of MINNETONKA VIEW, according to the recorded plat thereof; thence North 89 degrees 41 minutes 50 seconds West, along said south line and said easterly extension, a distance of 173.00 feet; thence North 00 degrees 04 minutes 55 seconds East, parallel with said east line of the Northeast Quarter of the Northwest Quarter, a distance of 33.00 feet to the north line of said Northeast Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 50 seconds West, along said north line a distance of 1154.93 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; the South 00 degrees 08 minutes 30 seconds West, along the west line .of said Northeast Quarter -of the Northwest Quarter, a distance of 622.71 feet to the north line of JOHNSTONS FRENCH LAKE SECOND ADDITION, according to the recorded plat thereof; thence South 89 degrees 42 minutes 52 seconds East, along said north line, a distance of 37.26 feet to the northeast comer of said JOHNSTONS FRENCH LAKE SECOND ADDITION; thence South 02 degrees 05 minutes 38 seconds East, along the east line of said JOHNSTONS FRENCH LAKE SECOND ADDITION, a distance of 224.10 feet; thence southerly, continuing along said east line, along a tangential curve, concave to the east, having a central angle of 26 degrees 30 minutes 01 seconds, a radius of 669.62 feet, for an are distance of 309.71 feet; thence South 54 degrees 45 minutes 18 seconds East, continuing along said east line, not tangent to the last described curve, a distance of 83.06 feet; thence South 35 degrees 36 minutes 55 seconds East, continuing along said east' line, a distance of 96.43 feet to the most easterly comer of said JOHNSTONS FRENCH LAKE SECOND ADDITION; thence North 53 degrees 30 minutes 36 seconds East, a distance of 243.02 feet; thence South 44 degrees 51 minutes 12 seconds East, a distance of 248.84 feet; thence South 47 degrees 32 minutes 39 seconds West, a distance of 284.00 feet to the center line of Willow Drive; thence South 35 degrees 40 minutes 44 seconds East, along said centerline a distance of 630.17 feet to a line that bears South 41 degrees 04 minutes 55 seconds West from the point of beginning; thence North 41 degrees 04 minutes 55 seconds East, a distance of 833.84 feet to the point of beginning. Except therefrom that part of the Northeast Quarter of the Northwest Quarter of Section 10, Township 117, Range 23, Hennepin County, Minnesota, corresponding to Lot 10, Block 6, MINNETONKA VIEW, now vacated together with the southerly half of the east west vacated alley as delineated in Block 6 and dedicated on said plat, lying between the northerly extensions. of the east and west lines of said Lot 10 and together with the northerly half .of vacated Rose. Street as dedicated on said plat, lying between the southerly extensions of the east and west lines of said Lot 10. Michael T. Hoekstra Attorney at Law 19075 Easton Road Wayzata, MN 55391-3126 Ph. (612) 473-9374 FAX (612) .476-1767 April 23, 1999 Secretary of State Business Services Division 180 State Office Building 100 Constitution Avenue St, Paul, MN 55155-1299 Re: Carriage Hill Homeowner's Association, Inc. (Non -Profit Corporation) Gentlemen: Enclosed for filing please find the following: 1) Articles of Incorporation for Carriage Hill Homeowner's Association, Inc. 2) Check payable to Secretary of State for $70.00 filing fees If the Articles are acceptable for filing, please send the Certificate of Incorporation to me and return the Articles to me after filing. Thank You. Yours very truly, Michael T. Hoekstra MTH:ms Enc. cc: Steven R. Bohl ;• n ARTICLES OF INCORPORATION OF CARRIAGE HILL HOMEOWNERS ASSOCIATION, INC. In compliance with the. requirements. of Minnesota Statutes Chapter 317A, the undersigned, who is a resident of the State of Minnesota and is of full age, has this day voluntarily associated for the purpose of forming a corporation not for profit and does certify: ARTICLE I NAME The name of the corporation shall be CARRIAGE HILL HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as the "Association"), and its duration shall be perpetual. ARTICLE 11 PURPOSE The purpose of the Association is to operate and maintain the Private Roadway, easement areas and the improvements located therein, and Common Areas, if any, all in a single family development ("Single Family Community"), upon certain land in the City of Orono, County of Hennepin, State of Minnesota, legally described in the attached Exhibit "A", and to exercise all the powers and privileges and to perform all of the duties -and obligations of the Association as defined and set forth herein, and in that certain Carriage Hill Declaration of Protective. Covenants, Conditions, Restrictions and Easements (the "Declaration"), recorded at the Registrar/Recorders Office in Hennepin County, Minnesota. ARTICLE III NO PECUNIARY GAIN The Association shall not afford pecuniary gain, incidentally or otherwise, to its members, directors or officers. No part of the net earnings of the Association shall inure to the benefit of any member, director, officer or individual, except that the Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 11 hereof. No substantial part of the activities of the Association shall constitute the carrying on of propaganda or of attempting to influence legislation, and the Association shall not participate or intervene in any political campaign on behalf of any candidate for public office, nor shall the Association engage in any transaction or carry on any other activity not permitted to be carried on by a management association exempt from federal income tax under Section 528 of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue Law). 1 ARTICLE IV POWERS The powers of the Association shall include and be governed by the following provisions: Section 1. Common Law and Statutory Powers. The Association shall retain the powers and duties granted it by common law, Minnesota Statutes and local ordinances including, but not limited to, the promulgation of rules, and the execution of contracts on behalf of the Association that are not in conflict with the terms of these Articles and the Declaration. Section 2. Necessary Powers. The Association shall have all of the powers reasonably necessary to implement its purpose, including, but not limited, to the following: (a) To exercise all of the powers and privileges and to perform all the duties and obligations of the Association as set forth in the Declaration as the same may be amended from time to time as therein provided, the Declaration being incorporated herein as if set forth at length; (b) To maintain, manage and administer the affairs and property of the Association, in accordance with the provisions of the Declaration and the Bylaws of the Association; (c) To fix, levy, collect and enforce payment by .any lawful means, all charges, assessments or fines pursuant to the terms of the Declaration and to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association, and to use the proceeds of Assessments in the exercise of its powers and duties; (d) To contract for and employ persons, sums or corporations to assist in the management, operation, maintenance and administration of the Single Family Community and the Association; (e) To make and enforce reasonable regulations concerning the use and enjoyment of the Single Family Community; To acquire (by gift; purchase or otherwise), own, hold, improve, build- upon, operate and maintain, real or personal property in connection with the affairs of the Association, and to sell, convey, assign, mortgage, lease or otherwise encumber or dispose of the real and personal property, and to borrow money or issue evidence of indebtedness in furtherance of any or all of the foregoing objectives; (g) To engage in such other lawful activities as may be to the mutual benefit of the Members and their property; 2 (h) To participate in mergers, consolidations or contracts with other nonprofit corporations organized for the same purposes, provided that such additional consent required by the Declaration is obtained; (i) To. have and exercise any and all powers, rights and privileges that a corporation organized' under the Nonprofit Corporation Act of the State of Minnesota by law may now or hereafter have or exercise consonant with the Declaration, Bylaws and these Articles; D To make and amend By -Laws for the Association and regulations affecting the Single Family Community; and (k) To pay all taxes and other assessments which are liens against the Private Roadway; and (1) To provide for management and maintenance and to authorize a management entity to assist the Association in carrying out its powers and duties by performing such functions as the collection of Assessments, preparation of records, enforcement of rules and maintenance of the Private Roadway, and other Common Elements. Section 3. Funds and Title to Properties. All funds and title to all Properties acquired by the Association and the proceeds thereof shall be held for the benefit of the Members in accordance with the provisions of the Declaration. No part of the income, if any, of the Association shall be distributed to the Members, Directors, or Officers of the Association. Section 4. Limitations. The powers of the Association shall be subject to and exercised in accordance with the provisions of the Declaration and Bylaws. ARTICLE V MEMBERSHIP Section 1. General. The Association shall have one class of membership. Every person or entity who is a record owner of a fee or undivided fee interest in any lot that is subject to assessment by the Association, including the - Declarant, shall become a member of the Association ("Member") and all rights incident thereto shall "vest" upon acquisition of fee simple title to any Lot or Dwelling, by filing a deed therefor in the offices of the Hennepin County Recorder or Registrar of Titles (whichever is appropriate). The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation unless and until such mortgagee has acquired title pursuant to foreclosure of said mortgage or proceedings or deed in lieu of foreclosure, and the period in which the fee owner may redeem from such foreclosure has terminated. Membership shall continue until such time as the 3 Member transfers or conveys his or her interest of record ui the interest is transferred or conveyed by operation of law, at which time membership, with respect to the Lot or Dwelling conveyed shall automatically be conferred upon the transferee. Where any such Lot is being sold by the fee owner to a contract vendee, the contract vendee shall be considered the owner of the Lot if (i) the.. rights of the contract vendor hereunder are delegated to the vendee under such contract for deed; and '(ii) the vendee shall furnish proof of such delegation to the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment by the Association. Upon vesting of the voting rights, each Member shall be entitled to one (1) vote for each Lot or Dwelling owned. Section 2. Suspension of Voting Rights of Members. 'lire right of any Member to vote shall be suspended during any period in which any Member shall be delinquent in the payment of any assessment levied by the Association. Such rights may be suspended, after notice and hearing, for a period not to exceed sixty (60) days for any infraction of any rules or regulations published by the Association. ARTICLE VI REGISTERED AGENT AND REGISTERED OFFICE The name of the initial registered agent shall be Steven R. Bohl, and the address of the initial registered office of the Association shall be 420 Upland Lane North, Plymouth, MN .55447. The Association shall have the right to designate subsequent registered agents without amending these Articles of Incorporation. ARTICLE VII INCORPORATOR The name and address of the incorporator of the Association is: Name Address Steven R. Bohl 420 Upland Lane North Plymouth, MN 55447 ARTICLE VIII BOARD OF DIRECTORS Section 1. Management. The management of the business of the Association shall be vested in a board of directors. The number, qualifications, term of office, method of election, powers, authorities, and duties of the directors, the time and place of their meetings, and such other provisions with respect to them as are not inconsistent with the express provisions 4 of these Articles of Incorporation shall be as specified in the Bylaws of the Association. The initial Board of Directors shall be: 1. Steven R. Bohl 2. Matt - Idema 3. Richard Bohl Section 2. Action Without a Meeting. Any action required or permitted to be taken at a meeting of the board of directors may be taken without a meeting if authorized by a writing or writings signed by the number of directors that would be required to take the same action at a meeting of the board of directors at which all directors were present; provided that when action is taken by less than all directors, all directors must be notified immediately of its text and effective date; and' provided further that the written action shall be effective when signed by the required number of the directors, unless a different effective time is provided in the written action. Failure to provide the notice does not invalidate the written action. A director who does not sign or consent to the written action is not liable for the action. ARTICLE IX NO PERSONAL LIABILITY The directors and officers of the Association shall not be personally liable for the acts, debts, liabilities, or obligations of the Association to any extent: whatsoever; nor shall any of the property of the directors or officers of the Association be subject to the payment of any debts or obligations of the Association. ARTICLE IX DISSOLUTION The Association may be dissolved by a vote of the Members entitled to cast eighty percent (80%) of the votes. 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. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or .other organization to be devoted to such similar purposes. No such disposition of Association .properties shall be effective to divest or diminish any right or title of any Member vested in him or her under the Declaration unless made in accordance with the provisions of such Declaration. 5 ARTICLE X AMENDMENTS These Articles may be amended during the first 20-year period at a regular or special meeting of the Members by a vote. not less than of sixty percent (60 %) of each class of Members present . M' person or by proxy, provided no such amendments shall conflict with the terms of the Declaration or affect the rights of Declarant, without Declarant prior written approval. ARTICLE XI CAPITAL STOCK AND CORPORATE SEAL The Association shall have no capital stock, either authorized or issued, nor shall it have a corporate seal. IN WITNESS WHEREOF, the incorporator has executed these Articles of Incorporation at Hennepin County, Minnesota this _S day of Aarj 1999. -'q70� !a� , Incorporator - Steven R. Bohl STATE OF MINNESOTA ) )ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ':Xday of 1. , 1999 by Steven R. Bohl. t Notary Public 1 y XI 1 µ/����fl11J✓1�%ffl1./1J3�1 6 TABLE OF CONTENTS BYLAWS OF CARRIAGE HILL HOMEOWNERS ASSOCIATION, INC. ARTICLE 1. GENERAL ARTICLE 11. MEMBERSHIP Section 1. Membership Section 2. Registration ARTICLE M. VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES, VOTING BY MAIL Section 1. Voting Section 2. Quorum of Owners Section 3. Proxies and Voting by Mail ARTICLE IV. ADMINISTRATION AND MEETINGS Section 1. Association Responsibilities Section 2. Place of Meetings Section 3. Annual Meetings Section 4. Special Meeting Section 5. Notice of Meetings Section 6. Adjourned Meeting Section 7. Quorum Section 8. Order of Business; Parliamentary Procedure ARTICLE V. BOARD OF DIRECTORS Section 1. Number and Qualification Section 2. Powers and Duties Section 3: Other Duties Section 4. Management Agent; Other Contracts Section 5. Election and Term of Office Section 6. Vacancies Section 7. Removal of Directors Section 8. Organization Meeting Section 9. Regular Meetings 1 WM Section 10. Special Meeting Section 11. Waiver of Notice Section 12. Board of Directors' Quorum Section 13. Action Taken Without a Meeting ARTICLE VI. OFFICERS Section 1. Designation Section 2. Appointment of Officers Section 3. Removal of Officers Section 4. President Section 5. Vice President Section 6. Secretary Section 7. Treasurer ARTICLE VH. OBLIGATIONS OF THE OWNERS Section 1. Assessments Section 2. Special Assessments Section 3. Rules of Conduct ARTICLE VHI. AMENDMENT TO BYLAWS ARTICLE IX. INDEMNIFICATION OF OFFICERS AND DIRECTORS ARTICLE X. REGULATIONS AND RULES ARTICLE M. CORPORATE SEAL ARTICLE XH. COMPLIANCE 2 BYLAWS OF CARRIAGEHILL HOMEOWNERS ASSOCIATION,INC. ARTICLE I GENERAL The following are the Bylaws ('Bylaws") of Carriage Hill Homeowners Association, Inc., a Minnesota nonprofit corporation ("Association"). The terms used in these Bylaws shall have the same meanings assigned in the Declaration for Carriage Hill, filed for record in Hennepin County, Minnesota ("Declaration"). ARTICLE 11 MEMBERSHIP Section 1. Membershiv. All Lot Owners in the plat of Carriage Hill, Hennepin County, Minnesota, except the lot owners of Lot 1, Block 1, Carriage Hill, shall automatically, by virtue of such interest, be a Member of the Association. Membership in the Association shall be appurtenant to, and shall not be separated from, ownership of property subject to the Declaration. A person shall cease to be a Member of the Association at such time as he or she ceases to be an Owner. The share of a Member in the funds and assets of the Association cannot. be. assigned, pledged, encumbered or transferred in any manner, except as an appurtenance to such ownership. All present or future Owners, tenants, future tenants, or any other person that might use the property subject to the Declaration in any manner, are subject to the regulations set forth in these Bylaws. Section 2. Registration. Each Lot Owner shall register with the Secretary of the Association, in writing within thirty (30) days after taking title to a Lot, by providing the following information: (1) the name and address of such Owner and any occupant of the Lot; (2) the nature of such Owner's interest or estate in the Lot, including the name and address of any contract for deed vendee; (3) the address at which such Owner desires to receive notice of any duly called meeting of the Members, if other than the Lot address; (4) the name and address of the First Mortgagee of the Lot, if any; (5) -the name of the Owner, if there are multiple Owners of the Lot, who shall be authorized to cast the vote with respect to such Lot; and (6) the identity, including name and address of any mortgagee of the Lot. Owners have a continuing obligation to provide the Association with any changes to the foregoing information. 3 ARTICLE III VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES, VOTING BY MAIL Section - 1. Voting. The votes for each Lot shall be as set forth in Article II, Section 2.2 of the Declaration. No vote shall inure to any Lot during the time when the Association is an Owner thereof. A majority of the votes cast at any properly constituted meeting of the Owners, or cast by mail in accordance with Section 3, shall decide all matters properly brought before the Owners, except where a different vote is specifically required by the Declaration or these Bylaws. The term "majority" as used herein shall mean in excess of 50 percent of the votes cast at a meeting, -in person, by proxy, or by mail. Cumulative voting shall not be permitted. Section 2. Quorum of Owners. As used in these Bylaws, the term "quorum of Owners" shall mean those Owners entitled to sixty percent (60 %) of the votes of the Association. In the event multiple Owners of a Lot cannot agree on the exercise of voting power for such Lot, any one of such Owners may apply to the Board of Directors, which, after hearing all parties at a special meeting, shall determine the manner of exercise of the voting power for the Lot by a majority vote of the Directors voting at such special meeting. A Director shall not vote at such special meeting with respect to a Lot of which he or she is one of the multiple Owners. Section 3. Proxies and Voting by Mail. Votes may be cast in person, by proxy, or by mail. Proxies must be filed with the Secretary before the appointed time of each meeting. The entire vote on any issue, except the removal of directors, may be determined by mailed ballots, subject to the following requirements: a. The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate the number of responses needed to meet the quorum requirements, (iii) state the percentage of approvals necessary to approve each matter other than election of directors, and (iv) specify the time by which a ballot must be received by the Association in order to be counted. b. The ballot shall: (i) set forth each proposed action, and (H) provide an opportunity to vote, for or against each proposed action. C. The Board of Directors shall set the time for the return of ballots, which shall not be less than 15 nor more than 30 days after the date of mailing of the ballots to the Owners. The Board of Directors shall provide notice of the results of the vote to the Owners within 10 days after the expiration of the voting period. d. Approval by written ballot under this Section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting. 4 ARTICLE IV ADMINISTRATION AND MEETINGS Section 1. Association Responsibilities. The Association will have the responsibility of administration in accordance with the . Declaration, including approving the annual budget, establishing and collecting quarterly, bi-annual, or yearly assessments and arranging for the management of -the Association. Except as otherwise provided, decisions and resolutions, of the. Association shall require approval of a quorum of Owners. Section 2. Place of Meetings. Meetings of the Association shall be held at its principal office or at such other suitable place convenient to the Owners as may be designated by the Board of Directors. Section 3. Annual Meetings. The first annual meeting of the Association shall be held not later than the first anniversary date of the recording of the Declaration. Thereafter, the Members shall meet at least once each year at the time and place specified in the notice of such meeting given pursuant to Section 5 of this Article IV. At such meetings, the Members shall determine the number of directors to be elected, which number shall comply with Section 1 of Article V. The directors shall be elected by ballot of the Members in accordance with the requirements of these Bylaws. The Owners may also transact such othcr business of the Association as may properly come before them. Section 4. Special Meetings. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by a majority of the- Owners entitled to cast at least sixty percent (60%) of the votes in the Association and having been presented to the Secretary of the Association. The notice of any special meeting shall state the time 'and place of such meeting and the complete agenda thereof. No business shall be transacted at a special meeting except as stated in the notice. The meeting shall be held within 90 days of the receipt of the request. Section 5. Notice of _Meetings. it snail be the duty of the Secretary to mail a notice of each annual or special meeting to each Owner of record at least 21 days in advance of any annual or regularly scheduled meeting and at least 7 days in advance of any other meeting. The notice shall state the time, place and complete agenda of the meeting and contain a form for voting by mail, describing in detail each issue to be voted on at such meeting along with space adjacent to such description for the member to cast a vote in favor of or against such issue. Delivery of such notice by hand, or dispatch through the United States mail, to all Owners of record at the address of the respective Lots and to other addressees as any Owner may have designated to the Secretary, - shall be considered notice served. Section 6. Adjoumed Meetings. If any meeting of the Members cannot be organized because a quorum did not attend, the Members who are present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called. Section 7. Quorum. The presence of Owners in person or by proxy, who have the authority to cast in excess of twenty-five percent (25 %) of all the votes in the Association, shall be necessary. to 5 constitute a quorum at all meetings of the Owners for the transaction of any business; except that of adjourning the meeting to reconvene at a subsequent time. Section 8. Order of Business: Parliamentpjy Procedure. The order of business at all annual meetings and, to the extent practicable, .at all .special meetings of the Members shall be. as follows: (a) Roll call. (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Reports of officers. (e) Reports of committees. (f). Election of inspectors of election. (g) Election of directors. (h) Unfinished business. (i) New business. z Robert's Rules of Order shall govern procedure at all meetings of the Members. ARTICLE V BOARD OF DIRECTORS Section 1. Number and Oualification. - The first Board of Directors, of this Association shall consist of three (3), persons, 'who shall be the persons named in the Articles of Incorporation, or their successors, who shall serve until the first annual meeting of the Members, which shall be held not later than the first anniversary of the date of recording the Declaration. Thereafter, the Board of Directors shall consist of no fewer than three (3) nor more than five (5) persons, provided that the number of Directors shall always be an odd number. Section 2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by law, by the Declaration, or by these Bylaws directed to be exercised and done by the Owners. Section 3. Other Duties. In addition to duties imposed by these Bylaws, by resolutions of the Association, the Board of Directors shall be responsible for the following: (a) Care, upkeep and surveillance of the common areas, if any, private roadway, entrance monuments, and NURP pond. (b) Collection of monthly assessments from the Owners. (c) To designate or dismiss the personnel necessary for the maintenance and operation of the Association. 6 (d) To appoint annually the officers of the Association and the members of the Architectural Control Committee. (e) To prepare and render to the Members annually, on or before thirty (30) days prior to the. first day of each fiscal year, a statement showing anticipated income And operating expenses, including reasonable reserves', if necessary. (f) To submit at each annual meeting of the Members a statement of the business transacted during the preceding year, a report of the general financial condition of the Association and its tangible property, and the proposed budget for the current fiscal year. This statement and report may be incorporated in an Annual Report, which the Directors shall also prepare and mail to the Members in the same manner as provided in these Bylaws. The Annual Report shall contain, at a minimum, the following: i) A statement of any capital expenditures in excess of two percent (2%) of the current budget, or $8,000, whichever is greater, anticipated by the Association during the current year and succeeding two (2) fiscal years; ii) A statement of the status and amount of any reserve or replacement fund and any portion of the fund designated for any specified project by the Board of Directors; 111) A copy of the statement of financial condition for the Association for the last fiscal year; iv) A statement of the status of any pending suits or judgments to which the Association is a party; v) A statement of the insurance coverage provided by the Association; and vi) A statement of any unpaid assessments by the Association on individual Lots identifying the address and the amount of the unpaid assessment. (g) To use the proceeds of assessments in the exercise of its powers and duties. (h) To restore improvements after damage except as provided for in the Declaration. (i) To establish and amend rules and regulations respecting the use of the common areas, if any, private roadway, entrance monuments, and NURP pond. 0) To appoint committees from the Members as it deems advisable for the purpose 7 of recommending action or policy with respect to any matter otherwise within the control of the Directors. (k) To enforce by legal means the provisions of the Declaration and the Articles of Incorporation, Bylaws, and the rules and regulations of the Association. (1) To purchase such policies of insurance as are permitted or required under the Declaration. (m) To pay all statements rendered for common expenses. (n) To employ personnel at a reasonable compensation to perform the services required for proper administration of the purposes of the Association. (o) To perform, all other acts required or permitted to be performed by the Association pursuant to the terms of the Declaration, Section 4. Management Agent: Other Contracts. The Board of Directors may employ a professional management agent ("Management Agent") at compensation established by the Board to perform such duties and services as the Board shall authorize. Any agreement for professional management of the Association or any other contract providing for the services of the Declarant, or any affiliate of the Declarant, may not exceed one year and shall provide for termination by either party without cause and without payment of any termination fee or penalty on thirty (30) days' written notice; such agreement shall be renewable by agreement of the parties for successive one-year periods. Section 5. Election and Term of Office. At the initial annual meeting of the Members, the Members (or the Declarant, pursuant to the Declaration) shall elect one-third of the Directors to serve a term of three (3) years, one-third of the Directors to serve a term of two (2) years, and one-third of the Directors to serve a term of one (1) year (such numbers to be as close as possible to an even one- third division). At the expiration of the initial term of office of each such Director, his or her successor shall be elected to serve a term of three (3) years, and thereafter all Directors shall be elected to serve terms of three (3) years. Directors shall hold office until their successors have been elected and hold their first meeting. Section 6. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by. vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a. Director until a successor is elected at the next annual meeting of the Association. Section 7. Removal of Directors. At any regular or special meeting of the Members, any one or more of those Directors previously elected by the Members maybe removed with or without cause by a majority of the Members, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the Members shall be given an opportunity to be heard at the meeting. 8 Section 8. Organization_ Meeting. The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, provided a majority of the whole Board shall be present. Section 9. Regular Meetings. Regular meetings. of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but' at least two such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting. Section 10. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3) days' notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting; special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice upon the written request of at least three (3) Directors. Section 11. Waiver of Notice. Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by the Director of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 12. Board of Directors' Quorum. At all meetings of the Board of Directors, a majority, but no fewer than three (3), of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice; provided, however, that the quorum required shall be present at such adjourned meeting. Section 13. Action Taken Without a Meeting. The Board of Directors shall have the right to take any action in the absence of a meeting which it could take at a meeting when authorized in writing signed by all the directors. ARTICLE VI OFFICERS Section 1. Desi ng ation. The principal officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be appointed by and from the Board of Directors. The Directors may appoint an assistant treasurer and an assistant secretary and such other officers as in the Directors' judgment may be necessary. Any two offices, except that of President and Vice President, may be held by a single person. Fi Section 2. Annointment of Officers. The officers of the Association shall be appointed annually by the Board of Directors at the organization meeting of each new Board and shall hold office at the pleasure of the Board. Section 3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed; either with or without cause, and his or her successor appointed at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose. Section 4. President. The President shall be the chief executive officer of the Association. He or she shall preside at all meetings of the Association and of the Board of Directors. The President shall have all of the general powers and duties which are usually vested in the office of president of a corporation, including but not limited to the power to appoint committees from among the Owners from time to time as he or she may, in his or her discretion, decide is appropriate to assist in the conduct of the affairs of the Association. Section 5. Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board to so do on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him or her by the Board of Directors. Section 6. Secr . The Secretary shall keep the minutes - of all meetings of the Board of Directors and the minutes of all meetings of the Association, shall have charge of such books and papers as the Board of Directors may direct, and shall, in general, perform all the duties incident to the office of Secretary. Section 7. Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging o the Association. The Treasurer shall be responsible for preparing and delivering the financial statements required by the Declaration. He or she shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors. The office of Secretary and Treasurer may be held by the same person. ARTICLE VII OBLIGATIONS OF THE OWNERS' Section 1. Assessments. All Owners shall pay annual assessments imposed by the Association, as well as any assessments levied for any other purpose required or authorized under the Declaration. The assessments shall be levied as set forth in the Declaration. Assessments shall include periodic payments to a reserve fund for Common Areas elements that must be repaired or replaced on a periodic basis. 10 Section 2. Special Assessments. Special Assessments for capital expenditures not included in the annual budget may be imposed by the Association, in accordance with the terms of the Declaration. Section 3. Rules of Conduct. (a) No occupant of a Lot shall post any advertisements or posters of any kind in or on the Common Areas except as authorized by the Association in accordance with rules and regulations, or except as otherwise permitted under the Declaration, (b) All occupants of a Lot shall abide by all applicable governmental laws, ordinances, rules, regulations and charter provisions. (c) No noxious or offensive activity shall be conducted on any Lot or on the Common Areas, nor shall anything be done therein, either willfully or negligently, which may be or may become an annoyance or nuisance to other Owners or occupants of other Lots. (d) Failure of any Owner to comply with the provisions of the Declaration, the Articles . of Incorporation, Bylaws or rules and regulations of the Association shall give rise to cause of action in the Association and any aggrieved Owner for the recovery of damages, or for injunctive relief, or both. ARTICLE VIR AMENDMENT TO BYLAWS These Bylaws may be amended by ttie Association in a duly constituted meeting of the members upon affirmative vote of the holders of at least sixty percent (60 %) of the votes of the Members as determined in accordance with the Declaration and the Articles of Incorporation of the Association. ARTICLE IX INDEMNIFICATION OF OFFICERS AND DIRECTORS The Association shall indemnify and hold harmless every Director and officer, his or her heirs, executors and administrators, against all loss, cost, judgment and expense, including attorneys' fees, to the fullest extent permitted by Minnesota law and Minnesota Statutes Section 317A.521. The Association may obtain indemnification insurance for such purpose. The foregoing rights shall not be exclusive of other rights to which such Director or officer may be entitled. All liability, loss, damage, costs and expenses incurred or suffered by the Association by reason of or arising out of or in connection with the foregoing indemnification provisions and any premiums for indemnification insurance shall be treated and handled by the Association as a common expense; provided, however, that nothing in this Article IX shall be deemed to obligate the Association to indemnify any Owner who is or has been a Director or officer of the Association, with respect to any duties or obligations assumed or damage or liabilities incurred by him or her solely in his or her capacity as an Owner. 11 ARTICLE X REGULATIONS AND RULES Rules and regulations not inconsistent herewith concerning the use of Lots and Common Areas, including, but not limited to, regulations relating .to the ownership of pets, may be promulgated and amended from time to time by the Board of Directors, to be effective thirty (30) days after the date of such promulgation. The Board of Directors may direct a special meeting of the members by resolution to consider such rule, regulation or amendment thereto. Notification of such special meeting shall be given and voting thereat shall be in accordance with the notice and voting provisions of these Bylaws. Copies of such rules, regulations and amendments thereto shall be furnished by the Secretary to each Member prior to the time when they shall become effective. [End of BYLAWS] 12 TABLE OF CONTENTS BYLAWS OF CARRIAGE HILL HOMEOWNERS ASSOCIATION, INC. ARTICLE 1. GENERAL ARTICLE 11. MEMBERSHIP Section 1. Membership Section 2. Registration ARTICLE Ill. VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES, VOTING BY MAIL Section 1. Voting Section 2. Quorum of Owners Section 3. Proxies and Voting by Mail ARTICLE IV. ADMINISTRATION AND MEETINGS Section 1. Association Responsibilities Section 2. Place of Meetings Section 3. Annual Meetings Section 4. Special Meeting Section 5. Notice of Meetings Section 6. Adjourned Meeting Section 7. Quorum Section 8. Order of Business; Parliamentary Procedure ARTICLE V. BOARD OF DIRECTORS Section 1. Number and Qualification Section 2. Powers and Duties Section 3: Other Duties Section 4. Management Agent; Other Contracts Section 5. Election and Term of Office Section 6. Vacancies Section 7. Removal of Directors Section 8.Organization Meeting Section 9. Regular Meetings 1 M Section 10. Special Meeting Section 11. Waiver of Notice Section 12. Board of Directors' Quorum Section 13. Action Taken Without a Meeting ARTICLE VI.OFFICERS Section 1. Designation Section 2. Appointment of Officers Section 3. Removal of Officers Section 4. President Section 5. Vice President Section 6. Secretary Section 7. Treasurer ARTICLE VII. OBLIGATIONS OF THE OWNERS Section 1. Assessments Section 2. Special Assessments Section 3. Rules of Conduct ARTICLE VHI. AMENDMENT TO BYLAWS ARTICLE IX. INDEMNIFICATION OF OFFICERS AND DIRECTORS ARTICLE X. REGULATIONS AND RULES ARTICLE M. CORPORATE SEAL ARTICLE XII. COMPLIANCE K BYLAWS OF CARRIAGEHILL HOMEOWNERS ASSOCIATION, INC. ARTICLE I GENERAL The following are the Bylaws ("Bylaws") of Carriage Hill Homeowners Association, Inc., a Minnesota nonprofit corporation ("Association"). The terms used in these Bylaws shall have the same meanings assigned in the Declaration for Carriage Hill, filed for record in Hennepin County, Minnesota ("Declaration"). ARTICLE 11 MEMBERSHIP Section 1. Membership. All Lot Uwners in the plat of Carriage Hill, Hennepin County, Minnesota, except the lot owners of Lot 1, Block 1, Carriage Hill, shall automatically, by virtue of such interest, be a Member of the Association. Membership in the Association shall be appurtenant to, and shall not be separated from, ownership of property subject to the Declaration. A person shall cease to be a Member of the Association at such time as he or she ceases to be an Owner. The - share of a Member in the funds and assets of the Association cannot. beassigned, pledged, encumbered or transferred in any manner, except as an appurtenance to such ownership. All present or future Owners, tenants, future tenants, or any other person that might use the property subject to the Declaration in any manner, are subject to the regulations set forth in these Bylaws. Section 2. Registration. Each Lot Owner shall register with the Secretary of the Association, in writing within thirty (30) days after taking title to a Lot, by providing the following information: (1) the name and address of such Owner and any occupant of the Lot; (2) the nature of such Owner's interest or estate in the Lot, including the name and address of any contract for deed vendee; (3) the address at which such Owner desires to receive notice of any duly called meeting of the Members, if other than the Lot address; (4) the name and address of the First Mortgagee of the Lot, if any; (5) -the name of the Owner, if there are multiple Owners of the Lot, who shall be authorized to cast the vote with respect to such Lot; and (6) the identity, including name and address of any mortgagee of the Lot. Owners have a continuing obligation to provide the Association with any changes to the foregoing information. ARTICLE III VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES, VOTING BY MAIL Section - 1. Voting. The votes for eachLot Lot shall be as set forth in Article 1I, Section 2.2 of the Declaration. No vote shall inure to any Lot during the time when the Association is an. Owner thereof. A majority of the votes cast at any properly constituted meeting of the Owners, or cast by mail in accordance with Section 3, shall decide all matters properly brought before the Owners, except where a different vote is specifically required by the Declaration or these Bylaws. The term "majority" as used herein shall mean in excess of 50 percent of the votes cast at a meeting, in person, by proxy, or by mail. Cumulative voting shall not be permitted. Section 2. Quorum of Owners. As used in these Bylaws, the term "quorum of Owners" shall mean those Owners entitled to sixty percent (60%) of the votes of the Association. In the event multiple Owners of a Lot cannot agree on the exercise of voting power for such Lot, any one of such Owners may apply to the Board of Directors, which, after hearing all parties at a special meeting, shall determine the manner of exercise of the voting power for the Lot by a majority vote of the Directors voting at such special meeting. A Director shall not vote at such special meeting with respect to a Lot of which he or she is one of the multiple Owners. Section 3. Proxies and Voting by Mail. Votes may be cast in person, by proxy, or by mail. Proxies must be filed with the Secretary before the appointed time of each meeting. The entire vote on any issue, except the removal of directors, may be determined by mailed ballots, subject to the following requirements: a. The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate the number of responses needed to meet the quorum requirements, (iii) state the percentage of approvals necessary to approve each matter other than election of directors, and (iv) specify the time by which a ballot must be received by the Association in order to be counted. b. The ballot shall: (i) set forth each proposed action, and (ii) provide an opportunity to vote, for or against each proposed action. C. The Board of Directors shall set the time for the return of ballots, which shall not be less than 15 nor more than 30 days after the date of mailing of the ballots to the Owners. The Board of Directors shall provide notice of the results of the vote to the Owners within 10 days after the expiration of the voting period. d. Approval by written ballot under this Section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting. 4 ARTICLE IV ADMINISTRATION AND MEETINGS Section 1. Association_ Responsibilities. The Association will have the responsibility of administration in accordance with the . Declaration, including approving the annual budget, establishing and collecting quarterly, bi-annual, or yearly assessments and arranging for the management of -the Association. Except as otherwise provided, decisions and resolutions, of the. Association shall require approval of a quorum of Owners. Section 2. Place of Meetings. Meetings of the Association shall be held at its principal office or at such other suitable place convenient to the Owners as may be designated by the Board of Directors. Section 3. Annual Meetin s. The first annual meeting of the Association shall be held not later than the first anniversary date of the recording of the Declaration. Thereafter, the Members shall meet at least once each year at the time and place specified in the notice of such meeting given pursuant to Section 5 of this Article IV. At such meetings, the Members shall determine the number of directors to be elected, which number shall comply with Section 1 of Article V. The directors shall be elected by ballot of the Members in accordance with the requirements of these Bylaws. The Owners may also transact such other business of the Association as may properly come before them. Section 4. Special Meetings. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by a majority of the- Owners entitled to cast at least sixty percent (60%) of the votes in the Association and having been presented to the Secretary of the Association. The notice of any special meeting shall state the time 'and place of such meeting and the complete agenda thereof. No business shall be transacted at a special meeting except as stated in the notice. The meeting shall be held within 90 days of the receipt of the request. Section 5. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting to each Owner of record at least 21 days in advance of any annual or regularly scheduled meeting and at least 7 days in advance of any other meeting. The notice shall state the time, place and complete agenda of the meeting and contain a form for voting by mail, describing in detail each issue to be voted on at such meeting along with space adjacent to such description for the member to cast a vote in favor of or against such issue. Delivery of such notice by hand, or dispatch through the United States mail, to all Owners of record at the address of the respective Lots and to other addressees as any Owner may have designated to the Secretary, shall be considered notice served. Section 6. Adjourned Meetings. If any meeting of the Members cannot be organized because a quorum did not attend, the Members who are present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called. Section 7. Quorum. The presence of Owners in person or by proxy, who have the authority to cast in excess of twenty-five percent (25 %) of all the votes in the Association, shall be necessary to constitute a quorum at all meetings of the Owners for the transaction of any business, except that of adjourning the meeting to reconvene at a subsequent time. Section 8. Order of Business: Parliameatk Procedure. The order of business at all annual meetings and, to the extent practicable, .at all .special meetings of the Members shall be. as follows: (a) Roll call. (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Reports of officers. (e) Reports of committees. (f). Election of inspectors of election. (g) Election of directors. (h) Unfinished business. (i) New business. r. Robert's Rules of Order shall govern procedure at all meetings of the Members. ARTICLE V BOARD OF DIRECTORS Section 1.. Number and Qualification. - The first Board of Directors, of this Association shall consist of three (3) persons, 'who shall be the persons named in the Articles of Incorporation, or their successors, who shall serve until the first annual meeting of the Members, which shall be held not later than the first anniversary of the date of recording the Declaration. Thereafter, the Board of Directors shall consist of no fewer than three (3) nor more than five (5) persons, provided that the number of Directors shall always be an odd number. Section 2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by law, by the Declaration, or by these Bylaws directed to be exercised and done by the Owners. Section 3. Other Duties. In addition to duties imposed by these Bylaws, by resolutions of the Association, the Board of Directors shall be responsible for the following: (a) Care, upkeep and surveillance of the common areas, if any, private roadway, entrance monuments, and NURP pond. (b) Collection of monthly assessments from the Owners. (c) To designate or dismiss the personnel necessary for the maintenance and operation of the Association. M (d) To appoint annually the officers of the Association and the members of the Architectural Control Committee. (e) To prepare and render to the Members annually, on or before thirty (30) days prior to the. first day of each fiscal year, a statement showing anticipated income and operating expenses, including reasonable reserves, if necessary. (f) To submit at each annual meeting of the Members a statement of the business transacted during the preceding year, a report of the general financial condition of the Association and its tangible property, and the proposed budget for the current fiscal year. This statement and report may be incorporated in an Annual Report, which the Directors shall also prepare and mail to the Members in the same manner as provided in these Bylaws. The Annual Report shall contain, at a minimum, the following: i) A statement of any capital expenditures in excess of two percent (2 %) of the current budget, or $8,000, whichever is greater, anticipated by the Association during the current year and succeeding two (2) fiscal years; ii) A statement of the status and amount of any reserve or replacement fund and any portion of the fund designated for any specified project by the Board of Directors; 111) A copy of the statement of financial condition for the Association for the last fiscal year; iv) A statement of the status of any pending suits or judgments to which the Association is a parry; v) A statement of the insurance coverage provided by the Association; and vi) A statement of any unpaid assessments by the Association on individual Lots identifying the address and the amount of the unpaid assessment. (g) To use the proceeds of assessments in the exercise of its powers and duties. (h) To restore improvements after damage except as provided for in the Declaration. {i} To establish and amend rules and regulations respecting the use of the common areas, if any, private roadway, entrance monuments, and NURP pond. 0) To appoint committees from the Members as it deems advisable for the purpose 7 of recommending action or policy with respect to any matter otherwise within the control of the Directors. (k) To enforce by legal means the provisions of the Declaration and the Articles of Incorporation, Bylaws, and the rules and regulations of the Association. (1) To purchase such policies of insurance as are permitted or required under the Declaration. {m) To pay all statements rendered for common expenses. (n) To employ personnel at a reasonable compensation to perform the services required for proper administration of the purposes of the Association. (o) To perform' all other acts required or permitted to be performed by the Association pursuant to the terms of the Declaration, Section 4. Management Agent, Other Contracts. The Board of Directors may employ a professional management agent ("Management Agent") at compensation established by the Board to perform such duties and services as the Board shall authorize. Any agreement for professional management of the Association or any other contract providing for the services of the Declarant, or any affiliate of the Declarant, may not exceed one year and shall provide for termination by either party without cause and without payment of any termination - fee or penalty on thirty (30) days' written notice; such agreement shall be renewable by agreement of the parties for successive one-year periods. Section 5. Election and Term of Office. At the initial annual meeting of the Members, the Members (or the Declarant, pursuant to the Declaration) shall elect one-third of the Directors to serve a term of three (3) years, one-third of the Directors to serve a term of two (2) years, and one-third of the Directors to serve a term of one (1) year (such numbers to be as close as possible to an even one- third division). At the expiration of the initial term of office of each such Director, his or her successor shall be elected to serve a term of three (3) years, and thereafter all Directors shall be elected to serve terms of three (3) years. Directors shall hold office until their successors have been elected and hold their first meeting. Section 6. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Association shall be filled by.vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a_ Director until a successor is elected at the next annual meeting of the Association. Section 7. Removal of Directors. At any regular or special meeting of the Members, any one or more of those Directors previously elected by the Members maybe removed with or without cause by a majority of the Members, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the Members shall be given an opportunity to be heard at the meeting. 8 Section 8. Organization Meeting. The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, provided a majority of the whole Board shall be present. Section 9. Regular Meetings. Regular meetings of the Board, of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but' at least two such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting. Section 10. Special_ Meetings. Special meetings of the Board of Directors may be called by the President on three (3) days' notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting; special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice upon the written request of at least three (3) Directors. Section 11. Waiver of Notice. Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by the Director of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 12. Board of Directors' Quorum. At all meetings of the Board of Directors, a majority, but no fewer than three (3), of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice; provided, however, that the quorum required shall be present at such adjourned meeting. Section 13. Action Taken Without a Meeting. The Board of Directors shall have the right to take any action in the absence of a meeting which it could take at a meeting when authorized in writing signed by all the directors. ARTICLE VI OFFICERS Section 1. Designation. The principal officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be appointed by and from the Board of Directors. The Directors may appoint an assistant treasurer and an assistant secretary and such other officers as in the Directors' judgment may be necessary. Any two offices, except that of President and Vice President, may be held by a single person. Section 2. Avnointment of Officers. The officers of the Association shall be appointed annually by the Board of Directors at the organization meeting of each new Board and shall hold office at the pleasure of the Board. Section 3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed; either with or without cause, and his or her successor appointed at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose. Section 4. President. The President shall be the chief executive officer of the Association. He or she shall preside at all meetings of the Association and of the Board of Directors. The President shall have all of the general powers and duties which are usually vested in the office of president of a corporation, including but not limited to the power to appoint committees from among the Owners from time to time as he or she may, in his or her discretion, decide is appropriate to assist in the conduct of the affairs of the Association. Section 5. Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board to so do on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him or her by the Board of Directors. Section 6. Secre . The Secretary shall keep the minutes - of all meetings of the Board of Directors and the minutes of all meetings of the Association, shall have charge of such books and papers as the Board of Directors may direct, and shall, in general, perform all the duties incident to the office of Secretary. Section 7. Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging o the Association. The Treasurer shall be responsible for preparing and delivering the financial statements required by the Declaration. He or she shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors. The office of Secretary and Treasurer may be held by the same person. ARTICLE VIE[ OBLIGATIONS OF THE OWNERS' Section 1. Assessments. All Owners shall pay annual assessments imposed by the Association, as well as any assessments levied for any other purpose required or authorized under the Declaration. The assessments shall be levied as set forth in the Declaration. Assessments shall include periodic payments to a reserve fund for Common Areas elements that must be repaired or replaced on a periodic basis. 10 Section 2. S_pecial Assessments. Special Assessments for capital expenditures not included in the annual budget may be imposed by the Association, in accordance with the terms of the Declaration. Section 3. Rules of Conduct. (a) No occupant of a Lot shall post any advertisements or posters of any kind in or on the Common Areas except as authorized by the Association in accordance with rules and regulations, or except as otherwise permitted under the Declaration, (b) All occupants of a Lot shall abide by all applicable governmental laws, ordinances, rules, regulations and charter provisions. (c) No noxious or offensive activity shall be conducted on any Lot or on the Common Areas, nor shall anything be done therein, either willfully or negligently, which may be or may become an annoyance or nuisance to other Owners or occupants of other Lots. (d) Failure of any Owner to comply with the provisions of the Declaration, the Articles . of Incorporation, Bylaws or rules and regulations of the Association shall give rise to cause of action in the Association and any aggrieved Owner for the recovery of damages, or for injunctive relief, or both. ARTICLE VIII AMENDMENT TO BYLAWS These Bylaws may be amended by the Association in a duly constituted meeting of the members upon affirmative vote of the holders of at least sixty percent (60 %) of the votes of the Members as determined in accordance with the Declaration and the Articles of incorporation of the Association. ARTICLE IX INDEMNIFICATION OF OFFICERS AND DIRECTORS The Association shall indemnify and hold harmless every Director and officer, his or her heirs, executors and administrators, against all loss, cost, judgment and expense, including attorneys' fees, to the fullest extent permitted by Minnesota law and Minnesota Statutes Section 317A.521. The Association may obtain indemnification insurance for such purpose. The foregoing rights shall not be exclusive of other rights to which such Director or officer may be entitled. All liability, loss, damage, costs and expenses incurred or suffered by the Association by reason of or arising out of or in connection with the foregoing indemnification provisions and any premiums for indemnification insurance shall be treated and handled by the Association as a common expense; provided, however, that nothing in this Article IX shall be deemed to obligate the Association to indemnify any Owner who is or has been a Director or officer of the Association, with respect to any duties or obligations assumed or damage or liabilities incurred by him or her solely in his or her capacity as an Owner. 11 ARTICLE X REGULATIONS AND RULES Rules and regulations not inconsistent herewith concerning the use of Lots and Common Areas, including, but. not limited to, regulations .relating .to the ownership of pets; may be promulgated- and amended from time to time by the Board of Directors, to' be effective thirty (30) days after the date of such promulgation. The Board of Directors may direct a special meeting of the members by resolution to consider such rule, regulation or amendment thereto. Notification of such special meeting shall be given and voting thereat shall be in accordance with the notice and voting provisions of these Bylaws. Copies of such rules, regulations and amendments thereto shall be furnished by the Secretary to each Member prior to the time when they shall become effective. [End of BYLAWS] 12