HomeMy WebLinkAboutCorrespondence regarding unpermitted & illegal fill/grading-2012 DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED
PERMIT NO. COMPLETED Z^ � � ��
ADDRESS ?i��� L�` F�-t�.V� �'� �
OWNER TELEPHONE NO.
CONTRACTOR
�; DESCRIPTION ��� v �L �
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� ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING
Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS
y ❑ FRAMING ❑ MECHANICAL FINAL
❑ TREE REMOVAL
Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION
Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS
� ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT
� ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP
_ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL
J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL
� OWNER/CONTRACTOR TO MEET YOU:_YES_NO
� COMMENTS:
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W ❑WORKSATISFACTORY:PROCEED CI PROJECTCOMPLETE
� ❑CORRECT WORK 8 PROCEED �'�� ISSUE CERTIFICATE OF OCCUPANCY
W
O ❑ CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
V BEFORECOVERING PERMANENT
❑CORRECTUNSAFECONDITIONWITHIN HOURS. � pHOTOTAKEN
INSPECTOR WILL RETURN ❑ CITATION ISSUED
❑STOP ORDER POSTED.CALL INSPECTOR
❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
Ca11 for the next inspection 24 hours in advance. (952� 249-46��
OwnerlContractor o site:
Inspector.
White Copyllnspector's File Canary CopylSite Notice
PID: 04-117-23-13-0014
August 18, 2012
Dear Ms. Curtis,
We are responding to the letter from the City of Orono that we received this past week
regarding the referenced PID number.
Following the visit from the MCWD engineers to our home in June, we realized our
obligation to return the watershed area at the back of our yard back to its original
condition. Prior to that, being former city dwellers and advised by our landscape
contractors that we didn't need permits, we had been unaware of these obligations.
We have every intent to comply and appreciate your eE�orts to clarify whether we
could indeed keep the fence in place, as this was the most important consideration in
our "remodel"plans.
We have contacted our landscape and fencing contractors and have been informed that
they are not available until the mid to end of October to begin work. This end-ol-=
season period works best also because it also presents the least risk to remove and
relocate several young aspens that we had planted in the area that we would like to
retain. We are finalizing our plans, especially influenced by the fencing re-work
required, and intend to review these plans with you/your of�ice to `get it right'.
We kindly ask for an extension to complete this work in a thoughtful and appropriate
way. We've been proceeding at a pace consistent with a work start at the end of
October. An e�ension to November l Oth would be greatly appreciated.
You can count on us to be good neighbors. Thank you for your consideration and
help.
Sincerely,
�' ' �I
Y
�, � �;�, � �--
Peter Stahl and Cynthia Arnold
2755 Deer Run Trail East
Orono, MN 55356
952.923.1189 home
RECEIVED
AUG 202012
CITY OF ORONO
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; O ;: p CITY of ORONO
� _;�> ., Municipal Offices
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� r��,����r,�� � Street Address: Mailing Address:
1 �" n� , ~ �' 2750 Kelley Parkway P.O. Box 66
�,���,,5�c�� ,���,�'',��~ Orono, MN 55356 Crystal Bay,MN 55323-0066
�kESH�g
9 August 2012
Peter Stahl &Cynthia Arnold
2755 Deer Run Trl E
Long Lake, MN 55356
RE: Unpermitted and Illegal Fill/Grading
2755 Deer Run Trl
PID: 04-117-23-13-0014
On June 21, 2012 Orono's City Engineer, Jesse Struve and I along with Steve Christopher from the
Minnehaha Creek Watershed District (MCWD) met with you at your home to discuss modifications made
to the wetlands on your properry. At that time we observed fiil and grading activity within a Manage 2
wetland as well as a fence constructed within the wetland and conservation easement area. As we
discussed, permit is required prior to conducting earth moving or construction activities; filling within a
wetland is prohibited. The City understands that the fill and material was moved last fall by someone
working on your behalf. I had hoped to send you a letter sooner however I was attempting to find a
solution for your fence that did not involve removal. Unfortunately according to Orono's codes, fences
are not an allowed structure to be located within the wetland or buffer. I could not find a variance or an
alternate solution for your situation. Therefore this letter will serve as your officiat notification that the fill
and the fencing must be removed and the area restored to its previous grades and the required buffer
25-feet from the edge of the wetland appropriately re-vegetated with native plant species.
You are required to remove all fill material and restore the area to the original, pre-fill grades, including
removal of the fencing within the wetland, wetland buffer and drainage easement by or before
September 5, 2012. A planting plan for native buffer vegetation must be submitted and approved by the
City prior to planting. Your property will be reinspected for compliance with this order. The MCWD is
copied on this letter and additional follow up from their office may occur.
If you have any questions please contact me at mcurtisCa�ci.oronc
Sincerely,
CITY OF ORONO � �
��u c�
Melanie Curtis
Planning and Zoning Coordinator
Enc%sures Survey; Orono Wetland Regulations; Crystal Bay Pi
c Steve Christopher, Minnehaha Creek Watershed Distri�
Telephone (952) 249-4600 • Fax (.__,
www.ci.orono.mn.us
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Nle�lanie Curtis
From: Steve Christopher[SChristopher@minnehahacreek.org]
Sent: Thursday, June 28, 2012 7:38 PM
To: Melanie Curtis
Cc: Jesse Struve
Subject: RE: questions re: 2755 Deer Run
Attachments: 99-137_dec_recorded.pdf
Melanie,
The fence would be allowed within the buffer, provided that the area is made up. It would be preferred that the buffer
remain connected directly to the wetland as it provides benefits beyond the filtration (specifically to wildlife).Any fence
located within the wetland however would need to be mitigated for, consistent with WCA regulation. It does not provide
the same opportunity that boardwalks do in allowing vegetation to grow naturally.
The recorded declaration is not specific in the plants, however since this is a violation we would require a native seed
mix/plantings to be included.The current wetland rule does require disturbed areas to be planted and monitored, but
for areas left alone,the existing vegetation can grow naturally. We would consider this to be disturbed.
The cost share funds would not be eligible for the disturbed wetland and buffer, but I did offer that if there is interest to
incorporate a raingarden or native plantings upgradient to the east,they should get in touch with us.This may result in a
slight reduction of water that ends up in their back corner and would not alter the size or type of the existing wetland
(provided they size the raingarden appropriately.
Let me know if there are any other questions.The recorded declaration is attached. My apologies for not sending this
over sooner.
Steve Christopher
Regulatory Program Manager
18202 Minnetonka Blvd.
Deephaven, MN 55391
Direct: 952-641-4506
Office: 952-471-0590
Fax: 952-471-0682
www.minnehahacreek.or�
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MINNEHAHA CREElC
wwTERSMED p�5TR1CT
From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us]
Sent: Thursday, June 28, 2012 2:10 PM
To: Steve Christopher
Cc: ]esse Struve
Subject: questions re: 2755 Deer Run
H i Steve
i
I ar� trying to put together some information for Peter Stahl at 2755 Deer Run Trail to follow up our inspection last week.
As I offer solutions for the homeowners I want to be sure to be mindful of the District's requirements.
Fencing: The City's wetland code does not allow fences within the wetland or within the buffer. Can you explain the
DistricYs position on a fence within the wetland and within the buffer? Is it allowed?
Does the District's wetland declaration require that the homeowner plant specific species of plants within the buffer or
simply allow the vegetation that currently exists to be unmaintained? We would require the bufFer to be planted with an
appropriate native species mix according to our code. Could you please send me a copy of this declaration for our file?
Regarding your cost sharing program... I think I overheard you speaking to Cynthia about a cost sharing program through
the watershed for plants, etc. Is this an option even though the need for restoration is due to a violation? I think back to
the]ohn Roedel slope failure at 4725 North Shore Drive and remember Catherine explaining to me last fall that cost
sharing wasn't an option because restoration was a City requirement. Is my memory correct? Is the Deer Run site
viewed difFerently?
Thanks,
Melanie
Melanie Curtis
Planning &Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtis(o�ci.orono.mn.us
Website: www.ci.orono.mn.us
City of Orono SUMMER Office Hours
Monday - Thursday 7:30 am to 5:00 pm
Friday 7:30 am to 11:30 am
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pFPUTY
CRYSTAL BAY PRESERVE • � �
DECLARATZON OF COVENANTS,
CUNDITIOI�IS,RESTRICTIONS AND EASEMENTS • .
Tbas Declaration of Covenants,Conditions,Restrictions and Easements("Declaratzoza")
is made this 30th day of Angust, I999,but effective for aIl putposes as of the date of recording
of the"Plat"(def ned beiow)in the office of thc Registrar of Titles in and for Hennepin County,
Minnesota,by MID-US PROPERTIES LIlVIITED PARTNERSHIP, a Minnesota liimited
partriership("Developer"},an,d is.based on the following facts:
� A. � Developer is the fee owner of ceztain zeal property located in the City of Orono �
(the"Cit��,Henuepin County,Minnesota,legally descnbed as follows(the`�ropert��':
Lots 1 tl�xough 8,inclusive,Bloek 1,and Outlot A,Crystal Bay Preserve,accordixig to the
recorded plat thereof.
B. Developer desires to impose upon aad subject the Property to certain covenants, �
conditions,restrictions and easements,for ttxe benefit of the Property and all present and future
Owners o�any part thereof. �
NOW,THEREFORE,i�n consideration of the facts stated above,Developer hereby mak�s
this Declaration and hereby submits the Property to the covenants, conditions,resfirictions and
easements set fortb�below,hereby declaring that tlazs Declazation shall constitute covena.r�ts i
running with the land,and declaring that the Froperiy and each portion thereof shall be owned, �
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used,occupied and conveyed subject to the covemanTs,conditions,restrictions, easements, .
charges and lzeus set forth below,all of which shall be binding upon each Person owning or
acquiniug any zigl�t,title or�nterest therein, and fheiz respective heizs,persdnal representatives,
successors and assigns. �
� A.RTICLE T
DEFINITIONS
The fo�lowang words,when used in this Declaration, shall have the following meazzings:
1.1 "A.ssociation:"Crystal Bay Preserve Homeowners Association,which is a
Mimnesota nonprofit corporation. ,
� i
1.2 "Common Expenses:"all expenditutes mad.e and liabili�ies i,ncurred by�or on �
behalf of the Association in connection vyitla its opexabion pursuant to this Dcclara�ioiz,or the :
Articles of Incozporation or Bylaws of the Association. �
1.3- - "Lot:"any of Lots 1 through 8,inclusive,Block 1, Crystal Bay Preserve,
He�r�aepi�ti County,Minnesota,accord�uag to the recorded plat thereof. Reference to a Lot by
' , numi�er,for example Lot 3,shall mean the Lot,so desigmated on the Plat,in Block 1 of Crystal �',
Bay Presezve.
, � . ,
1.4 "Outlot�'Outlot A,Crystal Bay Preserve,Hennepin County,Minnesota, i
according to the recorded plat thereof. . �
1.5 "Owner:"a Person,whethex one or more,who or which holds fee,title to a Lot; .
provided,howevex,that if a Lot is being sold pursuant to a contract for deed,the contract
pUrchaser(s)entitled to possession of the Lot shall be the Owner uniess and zmtil the contract for
deed sl�all have been cancelled or nthezwise sb.a11 have terminated.
zna»n . 2
I.6 "Person:"a natural individual,coxpoxation,limited liability conapany,partnership .
(whether gcneral,linaited or limited liability},trustee,or any other legal en�ity capable of holding
title to real properiy in the State of Minnesota.. . �
I.7 "Plat:"the recorded plat of Crystal Bay Preserve,Hennepin County,Minmesota..
1.8 "Properly:"the real property situated in Hennepin County,Mibaaesota,labally
desczibed in paragraph A above. �
ARTICLE II
�..OT USE
2.1 Residential Use. Each Lot shall be used soleIy and exclusively for residential
puxposes. No building shall be erected,altered,placed or permitted to remain on any Lot except .
a single dwelling house,designed for the accommodation of one family,together with a garage
desi�ned to accommodate two(2),three(3),or four(4) automobiles,the exterior of which shalI
be constructed of the same mat�rial used,or to be used,on tb�e extezioz of the dweIling house.
No above-ground svvimming pool,except sma11,movable children's wading pools,shall be
placed or constructed on any Lot. No sign of any kind shall be placed or kept on any Lot if such
sign is visible from any other Lot,from the Outlot,oz from auy road or any other lvcation outside .
of the Froperty, exaept only(i}a sig�not exceeding one(l)square foot in area,indicating the
address and/or name of the otx+ner of the Lot,and(ii}a"for sale"sign not exceeding three(3) �
feet in height and not exceeding three(3)feet in width. .
2.2 No Subdivision. So long as any covenant,condifion or restriction created by this
Declaration xemains in effect,no Lot may be subdivided or replatted in a nnanner which increases
tlae number of Lots in the Properiy. .Any replatting of Lots shall not,itt the absen�e of an
atneridment to this Decl,aration,af�ect t}ae re�ative rights and obligations of Owners,with respect �
z��ai�n 3
to their voting rights,their obligatio�ns to pay assessments pursuant to this Declarafaon�,or
otherwise. � � �
2.3 Vehicular Access to OId Crystal Bay Road. All Lots shall have vehicular access
to Old Crystal Bay Road,which is located along the western bound�ry of tb.e Property,only from
the Outlot.
2.4 �'rce PreservaLion. Except as otherwzse agreed by the Association,removal or •
desfizction,by means of grading,new home constru.ction processes or otherwise,of any
• "protected tree"on a Lot shall obligate the Owner of the Lot from which tlxe pxotectad i�ee was
� removed or on which the protected tree was destroyed,at such Owner's expense,promptly to .
plant on the Lot,:for each such remo�ved or destroyed protected tree,two(2)new trees wbdch are
each at Ieast six(�inches in diameter. A"protected tree"is a healthy hardwood or fir tree,at .
least one{1)foot in ciiameter at the base of its tnu�k,the trunk of which is loca.ted i,n whole or in
part within tw�nty(20)feet of any boundary of a Lot. .�
2.5 Maintenance. Each Lot and all buildings thareon shall be maintained by the
Owner tliezeaf in good order and repair,in accordance with all applicabie laws,.ordinances,rules
and regulations and any standards established from time to time by the Association.
2.6 Buffer Areas. In order to provide additional filtration of surface watez runoff
prior to such swnface water leaving the Property,Developez hereby establishes arxd creates the
buffer areas(`Buffer Areas"}legally described on Exhibit"A"attached hereto and made a part
hereof by xeference, and covenants and agrees,for itsel£and all future Ownexs of a Lot on which
any of the BufFer Areas is located,for the benefit of the City,the Association and all Owners of
the othez Lots,that such Bu#'fer Areas,exclusive of any areas("We�laz�ds'�designated on the
Zr�at�r� 4
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Plat as wetlands and included witlun any of the Buffer Areas,shall be mai.ntained wzth grasses in
an untnowed state.
2.7 Drainfield Protection. Each Lot has two sewage treatment sites("Drainfield
Sites'�that have been approved by the City. In most or a11 cases,those Dz�a.infield Sites are the
azrJ.y two feasible drainfield sites on each Lot, and shazl not be disturbed. The existing natural
topsoil on each Drainfield Site shall remain in place and shall not be subj ect to any ixaflic which
wi1l cause even the slightest com�action. To protect DrainSeld Sites from inad.vertent damage or
destruction,no Owner sb�all permit any car,truck,or.carth moving equipment to enter upon the
Lot of any other Owner,and no Owner sb�aJ.l construct any driveway,erect any buildi.ng,or
penniit earth naoving equipment on the Owner's Lot without first:
(a) erecting a clearly vis�`ble fence during construction,twenty(20)feet
� ontside the boundary of such Owner's Drai.nfield Sites,alon.g that part or those parts of
the Drainfield Site(s)that is betwee�a the Drainfield Site(s)and all are�s which are
accessible to earth moving equipment;and
(b) erecting a clearly visible fence during construction along#hat part of the
Lot line that is between an adjacent Lot's Drainfield Site(s)and the areas on the Lot
. vvhic�are accessible to earth moving�equipmen�
To assist Owners in identifying the location of Drainfield Sites,the corners of each Drainfield
Site have been staked by Developer,and the locations of all Drainfield Sites are shown on the
Dev�loper's Preliminary Development Plazt on file at the City's offices. �
The covenants and restrictions contained'in ttxis Section 2.7 shall bind each Ownez of a
Lot and sha11 inure to the benefit of and be enforceable by the Associataiion,the City and the �
Owner of any other Lot,axxd their respective legal representatives,heirs,successors and assigns.
ar�4t�n 5
The covez�ants and restrictions in this Section 2.7 shall be perpetual,and considezed exempt from
tlae t.hi.rty(30)yeaz durational li.mit set forth in Minnesota Statutes Section 500.20,subd.2a,
pursuant to Minn.Stat. Secbioz�500.20,subd.Za{5).
2.8 Wetland Protection. To promote natuxal vegetation,maxi.mize wildlife habitat,
control erosion and'unprove water quatity foz tb.e benefit of the Owners of the Lots,no person
sha1l fill,install any struchue,apply any herbicide,drain,burn,remove any�ees,or un.dertaka „�
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any activity which violates the rules,regulations oz ordinances of the Minnehaha Creek �
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Watershed District(the"MCWD'�,t}ae U.S.Army Corps of Engineers(the"Co�ps'�,the Ciiy, � ,
� or other applicable laws and regu�lations.
Any land altera.tion which would a$'ect the"Type I"or`"Type II"wetlands on the .
Property must be approved.by the MCWD,tt�e Corps and the City prior to submission to the City .
of the plan for alteratiorL This covenaz�t conce�rniuxg"Type P'and"Type II"wetlands may be
cb�anged,modified or revoked only upon wnitten approval of the MCWD,the Corps and the City.
ARTICLE III . .
EASEMENTS.AND SETBACKS
� 3.1 Utility and Drainage Easements. Basements for installation�and mai.ntenanc�of
utzliries and drainage facilities have been dedicated as shown on the Plat. Witivn these
easem�ents,no structure,fence,planting or other material shall be placed or permitted to zemain
which may damage or intez�'ere with the installation and maintenance of ntilities or which may
change the directaon o:f flow of water through dra.inage channels within the azea af these
easements. The Owner of each Lot shall maintain the easezn�ez�t sites of the Lot and all
improvements withi.n it,except for those improvements for which a public authority or utility
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coxnpany may be responsible,and except for tlzose areas or facilities to be maintained by the I
Associabion as set forth below. ' ,� �� 'I
3.2 ,�etbacl�. The setback requirements for the dwelling house a.nd any other ;
building Qn each Lot shall be the setback requirements of the City. �
3.3 ,�rail Easement. Developer hereby grants,bazgains,sells and conveys to the C�ity, '
its succassors and assigns,a perpetual easement foz public ingress,egress and access,for II
drainage,utilities and trail pw�poses and uses,including the ritght to construct and maintain the .
sa,nae,together wi.th the right of the public for access over,above,under and across;that portion
of the Properiy(the"Trail Easement Area'�,described as the West teri(10.00)feet of Lots 1 and !
8,Block 1,and the West ten(10.00)feet of Lot A,all in Crysfial Bay Pxeserve,Hennepin County, I
Minnesota,including but not limited to a full and free right and authority to enter upon the Trail
Easement Area to constxuct,iunstall,ma.intain,operate and repair a sanitary sewer uiteroeptor,lift
sta�ion,znain or line,a water mair�oz line, a gravel or paved trail,and any and all appurtenances,
including drainage control structures,incidental and related thereto (all of wbich are hereafter
refe�ed to collectively as the"Trail Improvenaents'�. The City shall have the right to make such ,
use of the Trail Easement Area as is reasonably necessary and advisable to the construction,
znstallation,m�ai.ntenance,ope�ration and repair of the'Tra�il Improvements.
3.4 Road and Utilities .a ment. Daveloper hereby grants,bargains,sells and �
conveys to the City,its successors and assigns, an easement for public ingress,egress,access,
� road and utility purposes and uses,on, across and under tlie Outlot, including but not limited to a
full and free right and authority to entex upon the Outlot to construct,install,maintain,operate
and repair a sanitary sewer interceptor,lif�station,ma.i.n or line,a water main or line,a gravel oz '
paved road,and any and all appurtenances,inciuding drainage control stzactures,incidental and �
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related thareto(all of which are hereaftec zeferred to collectively as the"Road Tmpzovements'�.
The City sha11 have the right and.authority,but not the obligation�,to enter upon the Outlot as the
City deenas zeasonably necessary and advisable to the construction,installation;maintenance, .
operation and repair�f the Road Improvements. �
3.5 P�vate Roadway�asement, Deveioper hereby declares and creates a pezpetual,
non-exclusive private road easement over the Outlot,for the.benefit of each of the Lots and£vx
the use by each of the Owners and their guests arzd i.nivitees and.for public service providers such
as police,fire,bus and ambulauce serviccs. The Owner of each Lot shall pay an equal,
proportionate share of all costs for construction,znaiutenance and repair of the roadway(the
"Roadway'�on the Outlot,which maintenance shall zz�clude construction,reconstruction, �
zesurfacing,snow remnval,sand.ing and salti.ng as necessary, lighting,striping and curbing as the
Association or the Owncrs of tlae Lats shall deten�auine from time to time to be necessary oz
appropriate;provided,however,that all such znaintena.nce shall be conducted in compliance with
all appUtcable provisions of the City's Municipal Code(the"Code'�. Declarant,at its expense,
sha1I perform the initial construction of thc Roadway in all respects in accardance with the
requizenaents of the City,and all future�aaintenance of the Roadway shall be performed by the
A,ssociation or the Owners of all of the Lots or their contractors,at the expense of such Owners.
Each Owner's share of costs for such maintenance sha.11 be due and payable on the date such
costs are due ar�d payable to the Person�rendering an account therefoz. Bach Owner's share of
such costs shall beax iu�terest at the zate of(8%)per annum from such due date to the date paid by
such Owner. Any Owner may bring action,on behalf of the non-defaulting Owners,to collect a
defaulting Owner's share of such costs whiich are not ti.mely paid,and shall be entitled to
recovez,in addition to such defaulting Owner's share of such costs, a11 costs of collection �
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thereof,includ.iz�g xeasonable attomey's fees. "I�To Owner may effect exemption from liability for
such costs by waavex of the use or enjoyment ofthe Roadway or by abandonment of the Lot
owned by such Owner. AlI plans,specifications and contracts for maintenauce of the Roadway
sha11 be approved in wzi.ti�x�g by the Owners of at least t.�ree(3}of the Lots. � �
Unless ritle to the Outlot is heid by the,Association,each Lot sha.�1 be sold,transferred .
and conveyed together with an undivided one-eighth(1/8`�)interest in the Outlo� Iu ttae event
the Czty determinas it to be in the public intezest to utilize the Roadway and the Outlot as a
public street,the Association or each such Owner shall,a:fter notice in accordance with
a�plicable pro�vis�ons of the Code and Minnesota law,conv.ey its interest m the.Outlot to the City
for no addit�onal consideration.
No Owner shall obstruct or intezfere with the rights and pzivileges of other Owners or the
City in the Roadway,and except for maizitenance of t3ae Roadway,nothi.ng slzall be planted,
alte�red,construcEed upon or removed frona the Roadway. No Ownez sha11 obstruct or interfere
w�ith the passage of any school bus,emergency vehicle or other public service provider over or
aczoss tha Roadway. No vehicle shall be parked in the Roadway for a continuous period
exceeding twenty-four(24)hours. No vahicular repair or maintenance shall be conducted in or
on the Roadway.
In fihe event the Association or the Owners fai�l to maintaiu the Roadway in compliance � -
with the applicabie provi.sions of the Code,the City may undertake such mai.ntenance and may
assess tb.e cost of such maintenance against each Lot in equa.l,proportionate shares. No such
rnaintenance conducted by the City will cause tb:e Roadway to become a public roadway. Such �
assessment shall b�and become a liaa upon each Lot until payment in full of the proportionate
shaxe for such Lot b.as been made.
a�na»n 9
If the Owmer of any Lot shall violate any of the obligations,covenants,condi�ioz�,s or
restrictions contained in tlus Section 3.5,any or all of the Owners of tkxe other Lots,or the
� Association,may ep#'orce the provisions of this Section 3.5 and,iux the event thaf an Owner's
violation zesults in damage to the Roaclway,such other Ownezs or the Associataon may restore
� the Roadway to its prior condition and may ass�ss the cost of such restora.tion against the
violatizxg Owner and the Lot owned by such violating Owz�ez'. Any such assessment shall be and
become due and payable upon deznand,together with all costs in enforcing the provtsions of this
Section 3.5,includiu�g reasonable attorney's fees. Nothing contaaz�ed in this para.graph shall
relieve any Owner from paying any assessment to the City as provided above. In the event any
such assessments are levied by the City as a zesult of a violation by any Owner,the non-violating
Owners or the A.ssociation may collect such swns paid to the City from any violatang Owner, .
togethex with aIl costs of such collection,includin.g reasonable attorney's fees.
3.6 FlrnY�a ,P�nd Conservation Easement and Waiver of T)a*r+aees. Aeveloper hereby
covenants,grants,gifts,quit-claims and conveys to the City the right to restric�,and Developer,
for itself and aIl fizture ow�nezs of alI of the Lots,agiees to limit and preclude,the use;
improvement and development,under the conditions aud covenants coxetained i�n this Section 3.6,
o:f the Wetlands;and Developer,for itself and ail future Owners of each of the Lots,hereby
covanants and agrees as follows: {a)no structure shall be constructed, erecied or placed upon,
above oz benea.th the Wetlands,including without limitation fences,fireplaces, steps,docks,
piers,hazflcover or roads of any nattue whatsoever,or azry other structure or improvement
inconsistent with the na.tural state of the Wetlands;(b)no tree,shrub or other vegetation shall be
destroyed,cut or renaoved from the Wetlands except as authoxized in writing by the City;(c)no
earth,loam,peat,gravel,soil or an�other na.tu.ral material or substance shall be naoved or
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removed&om the Wetlands,nor sb�all any, dredging or excavataon of any natuxe whatsoever in, I�
or any change in the topography o�the Wetlands be made�w�ithout the written consent of the
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City; (d)no soil,sand,gravel or other substance Qr materzal as landfill shall be placed,dumped '
or stored upon the Wetlands,and no waste,trash oz garbage shall be dumped or stored upon the '
Wetlands; (e)no use shall be�r�nade of the Wetlands except any uses which will not change or �
altez the natural condition of the WetIands, and no use which would tend to change the drainage,
flood control,wa�ez conservataon,erosion control, soil conservation,and fish and wiidlife habita.t
characteristics,shall be made of the Wetlands or the watear situated thezeon;and(fl the City may
enter upon the Wet�ands for the purpose of inspection azzd enforcement of the covenants '
contained herein anii to cause to be removed from the Wetlands,without any liability,any �
structuxes,uses,nnaterials,substances or unnatural matter inconsistent with the covenants �
contained in this Section 3.6 and the natural state of the Wetlands.
Developer, for itseLf and all future O�mers of all of the Lots,hereby grants,gifts,quit
claims and conveys to the City a perpetual flowage easement and right and pnivilege to txespass.
with water over and upon any and alI of the Wetlanrls, and hereby remises,releases,acquits and
fozever discharges the City and any and all of its officers and emplayees of and from any and all �
claiu�s,demands or causes of action of any lcind or nature whatsoever which may arise or accrue
by virtue of any flowage or trespass with water as permitted pursttaut to the term.s of this Seciaon •
3.6.
Except as expressly set foz�t�i in this Section 3.6;the public shall have no interest in the
Wetlands by viutue of tbis Section 3.6. �
3.7 Mo ment and Landscanin�Ease�ent. Developer hereby grauts,declares and
creates,for the benefit of the Association,its successors and assigns,a pexpetual,non-exclusive
a��ann T 1
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easement for the purpose of constructing,repairing,replacing and maintainimg subdivision
monuments,lantlscaping,lighting,fencing,retaining walls,sigas,plantings and such other
improvements as the Association from ti.me to time shaJa be deem to be ad.visable and beneficial �
(collectively,the"Monument Improvements"�,over,under and across tho.se portions af the
Property(the"Monument Lasement Area")legaUy described on Exhibit`B"attached hereto and
made a part hereof by reference. The easements granted puzsuauat to this Section 3.7 shall be for
the benefit of the Association,wbach shaIl have the right,but not khe obligation,to consh-nct the .
Monument Improvements ax�,d,upon conshuction of the Monumeut Tinprovements,the right aad -
duty to repair,maintain and replace the Monument Inaprovements uailess and until the
Association decides to remove the Monument Improvements,at which time the A.ssociation
upon such removal sha,ll restore the Monument Easement Area fro�aa which the Monument
Tnaprovements have been rem.oved to substantially the same condiiiom iri which the sa�ne existed
prior to consiruction of the Monument Improvenaentts. Nothing contained in this Section 3.7 �
shall be deemed to create auy easement or other right in favor of the public or any individual ,
Owner. The easements grar►ted pursuant to this Section 3.7 may be termina.ted,modifie�.or '�
amended,as to any or a11 of the Monument Easement Area,only by a wnitten agreeznent duly
executed by the Association and the Owner of the Lot(s)affected by such termination, .
m.odification ox anaendment,and recorded in the appropniafe zeal estate recording office(s)in and .
for Hennepin County,Minnesota. The provisions of#his Sectaon 3.7 and the easenaents granted� .
hezein automatically sha11 ternvnate and expire as to any or all of the Monument Easement Area
if none of the Monument Impzovezxients have been constructed wi.thin the Monument Easement �
Area vv�ithin eighteen(18)months after the date of this Declaration;or if the Monument
Improvements are so constructed thereon but thezea.fter all such Monument Improvements are • '
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removed from the Monument Easement Area;on the date whzch is eighteen(18)months after the
date of destruct�ion or removal unless such Monument Improvements aze replaced within said
eighteen(l.8}month period. .
3.8 po- nding�-�sement� Developer hereby declares and czeates a perpetual ponding
easezn.ent,for the benefit of each of the Lots,ovez�the area on Lot 2(the"I'onding Easement
Area'�show�a on the Plat as a dxaiz�age easement, lyiag west of the drainage and utility
easements,fifteen(15);feet wide,dedicated pursnant to the Plat along the easterly line of said
Lot 2,foz purposes of consttuction,maintenance,repair and replacement of a storm water
�o��`
drainage pond,includi.ng appurtenances thereto(the"Pond'�. The Association shall maintain the �
Pondimg Area and the Pond in accordance with all applicable rac�uirements of the Code,the
MCWD and the Corps,and all costs thereof shall be a Common.Expense. In the cvent the
Associarion fails to baa.intain the Pond and the Pondiu�g Area iva compliance with the applicable
provisions of the Code and any requirements of the MCWD or the Corps,the City may,but shall
not be obligated to,u.ndertake such�maintenaaace anrl assess the cost of such maintenance against I
each Lot in equal pro�ortionate shares,in which case such assessment sb,all be and become a lien .
u.pon each Lot until payxnent in full of the proportionate share for such Lot has been ma.c�..e.
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ARTTCLE IV .
�SANCES,LNESTOCI�AN'T)POULTRY
4.1 . uisances. No z�o�rious ox offensive activities sb.all be cazxied on upon any Lot,
nor shall anything b�done thereon which may be or become an annoyaxice or nuisance to the
neighboxhood.
4.2 bivesto�k and Poultrv. No animals, livestock or poultry o:Fany Idnd shall be
raised,bred or kept on any Lot,except that horses,dogs,cats,birds and othez common
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household pets may be kept so long as they are not kept,brcd ox maintained for any commercial
puxpose axxd they are maintained in accordancc with al.l applicable laws and ordi.nar�ces.
ARTICLE V . � �
. GARBAGE AND REFUSE DISPOSAL
No Lot shall be used or maintained as a dumping grownd�for zubbislz. Trash,garbage and
other wast�shall be kept only in sanitary cz�ntain�rs which remain shielded from view,in a
maruxer app�roved in writing by the Association,from roads,easements and adjacent Lots.
Firewood may be kept outside a bwilding only if shielded from view from roads,easements and
adjacent Lots,in a manner approved in writing by the Association,. .
� ARTICLE VI �
OUTDOOR STORAGE; STRUCTURES
6.1 Outdoor Stora�e. No Owner sha1l permanently or temporarily sfore outside of a
garage or dwellzng on the Owner's Lot more tkian one(1)mot�r vehicle,watercraft,trailer or
piece of recrea.tional equipment,i�z�cluding but not Iimited to cau�ping trailers,motor�homes,
snowmobi�es,naotorcycles,mntorbikes,boats and canoes: No comm�rcial vehicle,equipment,
parts or machinery shall be permanently or temporarily stored on a Lot outside�of the dwelling or
garage on the Lot.
6.2 Desig�A��roval. No building or othet structure sha11 be erected,placed,altered,
expanded or occupied.on any I,ot,nor sha11 site grading or pxeparation take place,until the
buildin.g plans and speci.�cations and site plan showing the location of such building or other
structure,or alteration or expansion thereo�have been approved in writing as to#he conformity
� and harmony of e�ctemal design with existing structures in the Property and as to the location of
tha building with respect to topography and finished ground elevation,by the Association or a
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EXHIBTT "A"
BUF�+�R A,REAS
That pari of Lot 3,Block 1,CRYSTAL BAY PRESERVE,describad as follows:
Commencing at the Southeast corner of said Lot 3;thence on an assumed bea.ring of
North 89 degrees O1 minutes OS seconds West along the easterly segrnent of the South
line of said Lot 3 a dista.nce of 60.00 feet to the actual point of beginning;thence North �
40 deg�rees West a distance of 35.00 feet;thence 5outln 85 degrees West a d'zsta�ace of
125.00 feet;thence North 30 degrees West a distance of 45.00 feet;tlaence North 75
degrees West a distance of 25.00_feet;thence North 24 degrees West a distance of 75.00
feet;thence North 45 degrees West to the North line of said Lot 3;thence westerly along
said North line a distance of 90.00 feet;thence South 25 degtees East a distance of b5.00
feet;theztce South 65 degtees F.ast a distance of 59.88 feet;thence southeasterly to the
angle p�oint in said easterly segment of the South line of said Lot 3;thence easterly along
said easterly segment to the pouat o£beginning.
AND
That part of Lat 4,Block 1,CRYSTAL BAY PRESERVE,described as follows: �
Commencing at the Southeast corner of said Lot 4;thence on an assumed bearing of
North along�tb.e Bast line of said Lot 4 a distance of 25.00 feet to the acival point of
beg,innivag;thence North 20 degrees West a distance of 115.d0 feet;thence North 40
degrees West a di.stance of 49.05 feet;thence North 85 degrees West a dist�nce of 129.44
feet;thence South 85 degrees West a distance of 100.00 fee�thence northeastexly to the
angle point in the northezly liue af said Lot 4;thence easterly along the easterly segment
of the northerly line of sa�d Lot 4 to the noz�zeast cornez of said Lot,4;thence southerly
along said East liue to the point of beginning.
AND
T�at part of Lot 5,Block 1,CRYSTAL BAY PRESERVE,tvhich lies southerly o:f th�e following
described line:
Comrnencing at the most southerly corner of said Lot 5;thence on an assumed bearing of
NortIx 37 degrees SS minutes 24 seconds West along the southwesterly line of said Lot 5
a distance of 23 8.95 feet to the point of begirming of the line being clesczibed;then,ce
North 62 degrees East a distance of 143.96 feet;then North 82 degrees East a distance of
130.00 feet;thence South 80 degrees East to the northerly segznent o£tha easterly line of
said Lot 5,and said line there endi�ng: .
AND �
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That part of Lot 6,Block 1,CRYSTAL BAY PRESERVE,which Iies southerly on the following
described line: � �
Commencivag at the most easterly conaer of said Lot 6;thence on an assumed bearittg of
North 37 degrees 55�zunutes 24 seconds West along the northeasterly line of said Lot 6 a
distab.ce of 238.95 feet to the point of beginning of the Iine being described;thence South
62 degrees West a distance of 20.Q0 feet;thence South 20 degrees West a distance of
38.90 feet; thenee South 60 dogrees'9Vest a distance of 30.00 feet;thence South 70
degrees West a distan.ce of 134.25 feet;thence North 7S degrees West a distance of 77.64
feet;thence southwesterly to a point on the southwesterly line o:f said Lot 6 a distance of
117.32 feet z�orthwesterly,as measured along said soutliwesterly 1'vne,fronn the southw�st
cor.ner of said Lot b,and said 1'vne there endi.ng.
AND .
That part of I:ot 7,Block 1,CAYSTAL BAY PRESERVE,which lies southerly of the followiung
desczibed.li.ne:
Commencing at the most easterly cozx�er of said Lot 7;thez�ce on an assumed beari.ng of
North 22 degrees 02 minutas 14 seconds West along the easterly lime o£said Lot 7 a
distance of 117.32 feet to the point of beginning of the line being described;thence South � � .
25 degrees W�st a distanc�of 35.00 feet;thence 5outh 70 degrees West a distance of
65.00 feet;thence South 80 degrees West a distance of 60.00 feet;thence South 30
deg�rees West a distance of 25.00 feet;thence on a bea�ring of West a distance�of 75.00
feet;thence on a bearing of South to the south line of said Lot 7, and said line there '
ending. �
zrrai�n 2 �
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