HomeMy WebLinkAboutCondominium Declaration - .. . . �. �--- - .
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Doc No 9077550 1?J20/2007 08:07 AM
i Certified filed and or recorded on above date: .
O�ce of the County Recorder
Hennepin County, Minnesata
Michaei H. Cunniff, Gounty Recorder .
TranslD 363307 Deputy 26
. Fees
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$10.50 SU
$45.50 PLT
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PJ►KT O 'rHIB DHCLARATTON $102.00 TO I
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COMMON INTEREST COMMUIVITY NO. 1578
i Candotninium �
ST�NEBAY UF ORONO CONDOMINIUM
� D ECLARATION
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' This Declaration is made in the county of ' , state of Minnesota, on this
�day o �jt�5� , 2007, by O.C. Development LC, a Minnesota (imited liability
company (t e "Declarant"), pursuant to the provisions of Min»esota Statutes Chapter 515$,
lcnown as t e Minnesota Common Interest Ownership Act (the "Act"), for the purpose of
creating Sto ebay of Orono Condominium as a condominium under the Act. �
� WH REAS, Declarant is the owner of certain real�property located in Hennepin County,
Minnesota, egally described in Exhibit A attached hereto, and Declarant desires to submit said
real prope and all improvements thereon (collectively the "Property") to the Act as a
condominiu ,and
WH REAS, Declarant desires t4 establish� on .the Property a plan for a perrnanent�
residential ommunity to be owned, occupied, and operated for the use, health, safety, and
welfare of t e Owners and Occupants, and for the purpose of preserving the value,the structural
. quality, and he original architectural character of the Property,and
WH REAS, the Property(i) is not subject to a master association as defined in the Act;
(ii} is noi ubject to an ordinance referred to in Section S15B.1-106 of the Act, gaverning
conversions to common inierest ownership; and(iii) does not include any shoreland as defined in
Minnesota tatutes Section 103F.205.
TH REFORE, Declarant subjecis the Property to this Declaration under the name
"Stonebay f Orono Condominium," cansisting of the Units referred to in Section 2, declaring
that this De laration shall constitute covenants to run with the Property, and that the Property
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shall be o ed, used, occupied, and conveyed subject to the covenants, restrictions, easements, �
charges, an liens set forth herein, ail of which shal! be binding upon all Persons owning o
acquiring an right, title, or interest therein, and their heirs,personal representatives, successors;
and assigns.
. SECTION 1 �
� DEFINITIONS
The followi'g words when used in the Governing Documents shali haye the foilowing meanings
(unless the ntaxt indicates otherwise):
1.1 ' "Act" means Minnesota Statutes Chapter S�ISB, known as the Minnesota
Common Interest Ownership Act,as amended.
1.2 "Assessments" means and refers to all assessments levied by the Association
pursuant to Section 6 and pursuant to the Act,including, but not limited to,annual
' assessments,special assessments,and limited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
• Chapter 317A and Section S15B.3-1(}1 of the Act, whose members consist of all
Owners.
• i.4 "Board" means the Board af Directors of the Association as provided for.in the
Bylaws.
1.5 "BuildinQ" means each structure which is or becomes a part of tt�e Property and
which contains at least one Unit. �
l.6 "Bylaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 ; "City"means ihe city of Orono, Minnesota.
1.8 "Common Elements" rneans ali parts of the Property except the Units, including
all improvements thereon.
t.9 "Common Exnenses" means ail expenditures made or liabilities incurred by or on
behalfofthe Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Docnments.
1.10 "Condominium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominiurn.
1.I 1' "Declarant Control Period"means.the time period during which Declarant has the
exclusive right to appoint the members of the Baard, as described in Section !6.
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1.12 "Eli�ible Mort�aQee" means any Person which owns a first mortgage on a Unit ` �
and which has requested in writing that the Association notify it regardin� any
proposed action which requires approval by a specified percentage of Eligib(e
- I Mortgagees.
1.13 "Governin� Documents" means this Declaration, the Bylaws, and the Articles o
lncorporation of the Association, as those documents may.be amended from time
to time,all of which shall govern the use and operation of the Property.
' I.14 ' "Limited Common Elements"means a portion of the Common Elements allocated
by this Declaration or by operation of Section S 15B.2-102(d) or(fl of the Act fo
the exclusive use of one or more but fewer than all of the Units.
1.l S "Member"means a Person who is a member of the Association by virtue of bein �
an Owner as defined in this Declaration. The words"Owner"and"Member"ma
be used interchangeably in the Governing Documents.
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1.16 "Occupant" means a Person,other than an Owner, in possession of,or residing in
a Unit. .
1.17 "Owner" means a Person who owns a Unit, but excluding a contract for dee
vendors,a mortgagee, a holder of a remainder interest or a reversionary interest i
, a life estate, and any other secured parties within the meaning of the Act. Th
I term "Owner" incfudes, without limitation, a contract for iieed vendee, and
holder of a life estate.
1.18 "Person"means a natural individual, a corporation, a]imited liability company,
partnership,a trustee,or other legal entity capable of holding title to real property.
i.]9 "Plat" means one or more than one recorded plat depicting the Property pursuan
to the requirernents af Section 515B.2-I10(c) of the Act, and satisfying th
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable
including any amended or supplemental Plat recorded from time to time i
accordance with the Act.
1.20 "Property" means aIl of the real property subjected to this Declaration, now or i
the future, including all structures and improvements located thereon. Th
Property is legally described in fixhi.bit A attached hereta
121 "Rules and Re�ulations" means the Rules and Regulations of the Association a
approved from time to time pursuant to Section 5.6. �
1.2 "Unit" means a part of the Property within a Building other than the Commo
Elements, including one or more than one room or enclosed space designed an
intended for separate ownership and use, al[ as described in Section 2 and show
on the PEat.
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The terrns us d in the Governing Documents,and defined in the Act and not in this Section,shall '
have the me�ning set forth in the Act. References to section numbers in this Declaration shall
refer to sectipns of this Declaration,unless otherwise indicated.
SECTiON 2
DES RIPTION OF UNITS,�OUNDARIES,AND RELATED EASEMENTS
2_1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and c�nvert �Jnits pursuant to Section 16. A1S Units are restricted exclusively to residential use. �
Each Unit c nstitutes a separate parcel of real estate. No portion af a Unit shall be transferred or
� otherwise c nveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to ection 1 b, no additional Units may be created by the subdivision or conversion o
Units pursu nt to Section S15B.2-112 of the Act. The Unit identifiers and locations of the Units
are as sho on the Plat, which is incorporated herei❑ by reference. A schedule of the Units is
set forth in�xhibit B attached hereta
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of' s perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
tiles, floor c verings, and other finishing materials adhered to the interior of the Unit boundaries
shall be a p rt of the Unit; provided, that any load bearing portions of any interior or perimete
walls, colur�ns, ceilings, or floors, and any common utility lines, pipes, ductwork, mechanical,
electrical, o plumbing systems, or other common facilities serving more than one Unit, bu
Iocated in o�passing throagh a Unit, shall be Common Elements. The boundaries of each Uni
shall also ex�end alon�the inside unfinished surfaces of the Unit's perimeter doors and windows,
and their fr mes, and said perimeter doors, windows, and frames, and their hardware, shall b
deemed to e Limited Common Elements appurtenant to such Unit. Subject to this Section an
Section 3, 11 spaces, interior partitions, and other fixtures and improvements within th
boundaries f a Unit are a part of the Unit.
2.3 Appurtenant Easements. The Units and the Common Eiements shall be subject t
- and benefit d by the easements described in Section 12. i
SECTION 3 i
COMMON ELEMENTS,LIMITED COMMOiv ELEMENTS,
AND OT�-IER PROPERTY
3.1 Common Elements. The Common Elements, and their characteristics are a�
. follaws:
3.t.1 AlI of the Praperty not inctuded within the Units constitutes Commo
Eie ents. The Common Elements include those parts of the Property designated a
Co mon Elements in this Declara[ion, on the Plat,or in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easements an
rest 'ctions as described in this Declaration and any other easements recorded against th
Co mon Elements; (ii) the rights of Owners and Occupants in Limited Commo
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Elem�nts appurtenant to their respective Units; and {iii) the right af the Association to . i
estab�ish reasonable Rules and Regulations governing the use of the Property; i
3.1.3 Except as otherwise expressly provided in the Governing Documents, (i)
no irr�provement, modification, construction, or change of the Common Elements shali
take�lace by an Owner or Occupant�without prior written authorizationby the Board and
(ii)al maintenance,repair,replacement,improvement, management, and operation of the
Comr�on Elements shall he the respansibility of the Association;and
mana� 3.1.4 Common Expenses for the maintenance, repair, replacement,
ement, and operation of the Cammon Elements shall be assessed and collected
from�he Owners in accordance with Section 6.
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3.2 Limited Common Elements. The Limited Common Elements are those parts of . '
the Commor� Elements reserved for the exclusive use of the Owners and Occupants of the Units �
to which th are allocated, as described in this Declaration and ihe Act. The rights to the use
and en}oym�ent of the Limited Common Elements are automatically conveyed with the .
conveyance�f such Units. The Limited Common Eiements are described and allocated to the
Units as foll ws:
� 3.2.1 Those items or areas designated as Limited Common Elements on the Plat
or b�the Act are allocated as indicated therein.
3.2.2 Improvements, if any, such as decks, patios, porches, balconies, shutters,
awn�ngs, perimeter windows and doors, window screens, window boxes, sleeves and
fitti gs surrounding window air conditioning �nits, chimneys, driveways, walks,
doo�teps and stoops, consiructed as part of the original construction to serve a single
Unit or Units, and replacements and modifications thereof authorized pursuant to Section
� 7.l Ol locate� wholly or partially outside the Unit boundaries,are a(located exclusively to
the ijJnit or Units which they serve_
3_23 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
inst�llations, bearing walls, bearing columns, or any other components or fixtures lyin '
part ally within and partially outside the boundaries of a Unit, and serving only that Unit,
. are �Ilacated to the Unit which they serve. Any portion of such installations serving o
affe�ting the function of more than one Unit or any portion of the Common Elements is
part of the Common Elements,but is not a Limited Common Eiement. ,
3.2.4 Heating, ventilating, or air conditioning equipment serving one or mor
thar�one Unit, and located wholly or partially outside the 5oundaries of one or more tha
one I Unit, are Limited Common Elements allocated to each Unit served by suc
equ�pment.
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SECTION 4 •
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Me bership in the Association, and the allocation to each Unit of a portion of the votes
in ths Asso iation, a.portion of the Common Expenses, and a portion of the undivided interest
in tne Com on Elements,snall be governed by the following pro�isions:
4.l Membership. Each Owner shall be a Member solely by reason of owning a Unit,
and the me 'bership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner' membership shall terminate when the Qwner's ownership terminates. V✓hen mor
than one Pe on is an Owner of a Unit,all s�ch Persons shall be members of the Association,bu '
multiple ov►rnership of a Unit shall not increase the voting rights allocated to�such Unit no '
authorize th' division of the voting rights. '
4.2 Allocation of Votin� Ri�hts, Common Expenses, and Undivided lnterests. �
Common 6 pense obligations and undivided interests in the Common Elements are allocate ;
equally am ng the Units, subject to the Association's right to levy limited Assessments unde i
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners ar
entitled to v te.
. 4.3 Appurtenant Rights and Obli�ations. The ownership of a Unit shai} include th
voting righ s and Common Expense obligations described in Section 4.2. Said rights an
. obligations, and the title to the Units, shall not he separated or conveyeci separately, and an
conveyancea encumbrance, judicial sale or other transfer of any allocated interest in a Unit
separate fro the titie to the Unit shall be void. The allocation of the rights and obiigation
described i this Section may not be changed, except in accordance with the Governin
Documents nd the Act. �
4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act as prox !
on behalf o the Owner,and who need not be an Owner, may cast the vate allocated to such Uni
at meetings of the Association. However, if there.are multiple Owners of a Unit,only che Owne
or other Petson designated pursuant to the provisions of the Bylaws may cast such vote. Th
voting right of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 '
ADMINISTRATION
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The administration and operation of the Association and the Property, including, but no
limited to, t e acts required of the Association, shall be governed by the following provisions:
5.I General. The operation and administration of the Association and the Propert
shail be go emed by the Goveming Documents, the Rules and Regulations, and the Act. Th
Association shall, subject to the rights of the Owners set forth in the Goveming Documents an
the Act, b responsible for the operation, management, and control of the Property. Th
Association shall have all powers described in the Governing Documents,the Act and the statut
- under whic the Associatian is incorporated. All power and authority of the Association shall b
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' vested in the Board, unfess action or approval by the individual Owners is specifically required •
by the Gove �ng Documents or the Act. All references to the Association shall mean the
Association a�Cting through the Board,unless specificatly stated to the contrary.
5.2 Operational Pumoses. The Association shall operate and manage the Property for
the purposes of•(i) administering and enforcing the covenants, restrictions, easements, charges,
and liens'set arth in the Governing Documents and the Rules and Regulations, {ii)maintaining,
repairing, an replacing those portions of the Property and ather property for w�ich it is
responsible, �nd (iii) preserving the value, and the architectural uniformity and character, of ti�e
Property_
5.3 Bindin� Effect of Actions. All agreements and determinations made by the
Association n accordance with the powers and voting rights established by the Governing
Documents r the Act shall be binding upon al] Owners and Occupants, and their lessees, guests,
heirs, person 1 representatives, successors, and assigns, and al] secured parties as defined in the
Act.
5.4 Bvlaws. The Association shall have Bylaws. The Bylaws shall govern the
operation a ' administration of the Association, and shall be binding on all Owners and
Occupants.
5.5 Mana�ement. The Board may delegate to a manager or managing agent the
managernent duties imposed upon the Association's offcers and directors by the Governing
Documents nd the Act. However,such delegation shal! not relieve the officers and directors of
the ultimate Iresponsibility for the performance of their duties as prescribed by the Governing
� Docurnents$nd by law.
5.6 Rules and Regulations. The Board shall have exclusive authority to approve and
implement s ch reasonable Rules and Regulations as it deems necessary from time ta time for
the purpose f operating and administering the affairs of the Association and reguiating the use
of the Prop rty; provided, that the Rules and Re�u}ations shall not be inconsistent with the
Governing ocuments or the Act. The inclusion in ather parts of the Governing Documents of
authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in
]irnitation,o the authority granted by this Section. New ar amended Rules and Regu]ations shal!
be effective�inly after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds_ All funds and real or personal property
acquired by�he Association shall he held and used for the benefit of the Owners for the purposes
' stated in the+Goveming Documents. Surplus funds remaining after payment of or provision for
Common E penses and reserves shall be credited against future Assessments or added to
reserves,as etermined by the Board.
S.S Resale Disclosure Certi#icates. Pursuant to Section S 15B.4-107 of the Act,in the
event of a sale of a Unit by an Owner other than Declarant, that Owner shall furnish to_the
purchaser a resale disclosure certificate containing the information required by Section S 15B.4-
107(b} of t e Act. Pursuant to Section S15B.4-107(d) of the Act, the Association sha13, within
ten days (o within such other relevant timeframe set forth in the Act) after a request by an
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The .
Association may charge a reasonable fee for furnishing the resale disciosure certificate and any
documents r�lated thereto.
SECTION 6
. ASSESSMENTS
6.1 General. Assessments shali be determined and assessed against the Units by the •
. Board,in its�iiscretion,subject to the requirements and procedures set forth in this S�ction 6 and
the Bylaws. ;Assessments shall include annuai Assessments under Section 6.2, and may include
special Asse�sments under Section 6.3 and limited Assessments under Section 6.4. Annual and
� sgeciat Ass�ssments shall be allocated among ihe Units in accordance with the allocation
forrnula set �'orth in Section 4.2. Limited Assessments under Section 6.4 shall be altocated to i
Units as set f�orth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subje�t to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipat�d Common Expenses of the Association for that year which are to be shared equally
. by ail Units in accordance with the al{ocation set forth in Section 42. Annual Assessments shall
be payable ip� equal monthly or quarterly installments, as determined by the Board. Annual
Assessmentslshall provide, among other things, for an adequate reserve fund for the replacement
of those partfi of the Common Elements and those parts of the Units for which the Association is
responsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.�4. Until the first annual Assessment is levied, Declarant shal! pay all Common
Expenses.
6.3 � �ecial Assessments. In addition to annual Assessments, and subject to the •
limitations s�t forth hereafter,the Board may levy in any Assessment year a special Assessment
against all Upits in accordance with the allocation set forth in Section 4.2. Among other things,
special Asse�sments shall be used far ihe purpose of defraying in whole or in part (i) the cost of
any unfores�en and unhudgeted Common Expense, (ii) general or specific reserves for
maintenance� repair, or replacement of any part of the Praperty,and(iii) the maintenance, repair, , i
or replacemelnt of any part of the Property,and any fixtures or other property related thereto.
6.4 Limited Assessments. In addition to annuat Assessments and special
Assessmentsi the Board has the authority to(and, in certain instances set forth in this Section 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following recguirements and procedures_
� 6.4.i Any Common Expense associated with the maintenance, repair, or
repla�ement of a Limited Common Element.shall be assessed exclusively against each
Unit r Units to which that Limited Common Element is assigned, equally or by the cost
per lJ�nit.
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� 6.4.2 Any Common Expense benefiting fewer than al] of the Units, may, at the
Boar$'s discretion,be assessed exclusively against the Unit or Units benefited. -
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j 6.4.3 In addition to annual Assessments and special Assessments,the Board has -
the a�thority to {and, in certain instances set forth in this Section 6.4, shall) levy and
' alloca�e iimited Assessments among only certain Units in accordance with the following
requir�ments and procedures. I
. I 6.4.4. The costs of insurance may be assessed in proportion of the square footage -
or act�at cost�er Unit. -
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i I b.4.5 Reasonable attorneys' fees and other costs incurred by the Association in
� conn�ction with (i) the collection of Assessments and (ii) the enforcement of the
Gove ing Documents, the Act, or the Rules and Regulations, against an Owner or
Occu ant or their tenants or guests, may be assessed against the Owner's Unit.
I 6.4.6 Late charges, .fines, and interest may be assessed as provided in
Secti�n 14.
I 6.4.7 Assessments levied under Section S 15B.3-116{a) of the Act to pay a
jud� ent against the Association may be levied only against the Units existing at the
Eime he judgment was entered, in propartion to their Common Expense liabilitie5.
! 6.4.8 If any damage to the.Common Elements or another Unit is caused by the
act r omission of any Owner or Occupant, or their gvests�or invitees, ihe Association
� may assess the costs of repairing the damage, or any increase in insurance rates directly
attri utable to the Act or omission,exclusively against the Owner's Unit to the extent that
- the mage is not covered hy insurance.
i6.4.9 If Common Expense liabilities are reallocated for any purpose authorize I
by tl�e Act, Assessments and any installment thereof not yet due shall be recalculated i
accq'rdance with�the reallocated Common Expense liabilities
Assessment�s levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, b
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assessed as�a part of,or in addition to,other Assessments levied under SeGtion 6.1 or 6.2: �
� 6.5 Workin�Capital Fund. There shall be established a working capital fund to mee • �
unforeseen expenditures or to purchase additionat equipment or services for the Association �
The Board may include in each subsequent annual budget a reasonable amount of workin
capital, has d upon the anticipated needs of the Association for the year in qnestion. There shal
be contrib ted by the purchaser of a Unit, on a one-time basis upon the initial sale of each Uni
by Declar t, an amount equal to four monthly installments of the estimated annua) Assessme
far the Uni in the year of the sale. The contribution shall be paid at the earlier of(i)the time of
closing af ale of the Unit or (ii)the time of iermination of the Declarant Control Period. Th
contributio s to this fund are in addition to the regular installments of annual Assessments, an
shall not e a credit to the regular installments of annual Assessments levied against th
respective nit. The funds shall be deposited into a s�gregated Association account no later tha
the terrnin tion of the Declarant Control Period. Funds deposited in said account shall not
used to de ray any of Declarant's expenses, reserve contrihutions or construction costs, nor
make up a y budget deficits during the Declarant Cantrol Period. However, upon the closing f
the initial �ale of a Unit, Declarant may reimburse itself from funds collected from the purchas r
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at the closin� for any prior contributions made by Declarant to the working capita! fund with -
respect to th t Unit.
6.6 Liabilit�of Owners for Assessmen#s. Subject to Section 6.7,the obligation of an
Owner to pay Assessments shall commence at the l.ater of (i) the time at which the Owner
� acquires titie to the Unit or(ii)the due date of the first Assessment levied against the Unit by the
Baard. The Owner at the time an Assessment is payable with respect to the Unirt shail be' �
personally li ble for the share of the Common Expenses assessed against such Unit. Such
liability shal be joint and severa! where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liability for payment of Assessments�by
right of set- ff, by waiver of use or enjoyment of any part of the Property, by absence from or
abandanmen of the Unit, by the waiver of any other rights, or by reason of any claim against
Declarant, t e Association, or the Association's officers, directors, or agents, or far their failure
to fulfill any duties under the Governing Documents or the Act. �
6.7 Declarant's Alternative Assessment Pro�ram. The following aitemative
Assessment�rogram is established pursuant to Section S 15B.3-115(a)of the Act.
an A� 6.7.1 Notwithstanding anything to the contrary in the Goveming Documents, if
sessrnent has been�levied, Declarant may elect to have any unsold Unit owned by it
asse sed at the rate of twenty-five percent of the Assessments (exclusive of replacement
rese es) levied on that Unit and other Units of the same type until a final certificate o
occu ancy or comparable City approval has been issued with respect to such Unit by the
City.
6.7.2 'Ifie provisions of Section 6.7.1 shall not affect the share of replacement
rese es for Units owned by Declarant, which reserves must be funded by Declarant as
, requ red by Section S15B.3-1 IS of the Act. However, there are no assurances tha
Dec�arant's reduced Assessment obligations will not affect the levef of services for othe
item set forth in the Association's budget.
6.7.3 Declarant's reduced assessment obligation shal! apply to each Unit owne
by eclarant at the time that any Assessment is levied against the Unit, and shal
te inate with respect to each such Unit upon the issuance of a final certificate o
occ pancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, withi
sixt days following the termination of the Declarant Control Period, to make up an
ope�ating deficii incurred by the Association during the Declarant Control Period.
6.8 Assessment Lien. The Association has a lien an a Unit for any Assessment levie
against tha Unit from the time the Assessment becomes due. If an Assessment is payable i
installment , the full amount of the Assessment is a lien from the time the first installmen
thereof be omes due. Fees, charges, late charges, fines, and interest charges imposed by th
Associatior� pursuant to Section S15B.3-102(a)(10), (1 l), and (12} of the Act are liens, and ar
enforceabl as Assessments, under this Section 6. Recording of this Declaration constitute
record not�e and perfection of any lien nnder this Section 6, and no further recordation of an
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notice of or �laim for the lien is required. The release of the lien shall not release the Owner .
from persona� liability unless agreed to in writing by the Association.
6.9 I Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed
against a Unilt under the taws of the state of Minnesota(i)by action,or(ii) by advertisement in a .
like manner as a mortgage containing a power of sale. The Association, or its authorized
representativ�, shall have the power to bid in at the foreclosure sale an�i to acquire, hold, lease,
mart�age, a d convey any Unit so acquired. T'he Owner and any other Person claiming an
interest in t�e Unit, by the acceptance or assertion of any interest in the Unit, grants to the
Association � power of saIe and full auchority ta accompiish the foreciosure. The Association
• shall, in add tion to its other remedies, have the right to pursue any other remedy at law or in
equity again�t the Owner who fails to pay any Assessment.or charge against the Unit. �
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is grior to all other liens and
encumbranc�s on a Unit except{i) liens and encumbrances recorded before this Declaration, {ii)
any first m�rtgage on the Unit, and (iii) liens for real estate taxes and other governmental �
Assessrnen , or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage
on a Unit is I�foreclosed, {ii) the first mortgage was recorded on or after the date of recording o
, this Declaratlion,and (iii) the Owner of the Unit does not redeem from the foreclosure during the
� Owner's pe �od of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
! the holder o�'the sheriff's certificate of sale from the foreclosure of the first mortgage shall take �
title #o the Unit subject fo a lien in favor of the Association for unpaid Assessments a
instaliments thereof levied pursuant to Sections 515B.3-i 15(a), (e)(1) to (3), (�, and (i} of the
Act wfiich �ecame due, without acceleration, during the six months irnmediately preceding the
first day follbwing the end of the Owner's period of redemption.
6.11 Real Estate Taxes and Assessments, Real estate taxes, special assessments, an
other charg� and fees which would normally be levied against the Common Eiements b
govemment autt►orities, shall be allocated equally among and levied against the Units, an
shall be a li�n against each Unit in the same manner as a lien for real estate taxes and real estat
special asse sments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments_ In a voluntary conveyanc �
of a Unit th� buyer shall not be personally liable for any unpaid Assessments and other charge �
made by th Association against the seller or the seller's Unit prior to the time of conveyance t
� the buyer, �nless expressly assumed by the buyer. However, the lien of such Assessments shal
remain agailnst the Unit unti] released. Any seller or buyer shall be entitled to a statement, i
recordable �orm, from the Association setting forth the amount of the unpaid Assessment
against the Unit, including ail Assessments payable in the Association's current fisca] year
which state�nent shall be binding on the Association, the seller,and the buyer. ,
SECTION 7
RESTRICTIONS OiV USE OF PROPERTY
All�wners and Occupants, and ail secured parties, by their acceptance or assertion of a
interest in e Propeny, or by their occupancy of a Unit, covenant and agree that, in addition t
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any other r�strictions which may be imposed by the Act or the Governing Documents, the '
occupancy, se, operation, alienation, and conveyance of the Property shall be subject to the
following re�trictions and conditions
7.1 I General. The Property shail be owned, conveyed, encumbered, leased, used, and
occupied sul�ject to the Goveming Documents and the Act, as amended fram t�me to tim�. AlI
covenants, r stnctions;and obligations set forth in the Goveming Documents are in furtherance
of a plan fo� the Property, and shatt run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acqmr�ng or owning an interest m the Property,
their heirs,p�ersonal representatives,successors, and assigns.
7.2 I Subdivision or Conversion Prohibited. Except for Units subdivided or converte
by Declara pursuani to Section 1b.2, a Unit may not be subdivided or converted by the Owne
of the Unit into two or more Units, Limited Common Elements, Common Elements, or an
combinatior� thereof Except as permitted by the Act, no gart of the Common Elements may b
subdivided,lpartitioned, or converted without the prior written approval of al1 Owners and al
secured pa ies holding first mortgages on the Units.
� 'd ti he Units shall d b Owners and ccu a ts and thei
73 Resi en al Use. T be use y O p n
guests excl�sively as private, single family residential dwellings, and not for transient, hotef
commercial� business, or other non-residential purposes, except as provided in Section 7.4. An
lease of a I�Jnit (except for occupancy by guests with the consent of the Owner, and except fo
leasing af � nits owed by Declarant) for a period of less than twelve months or any occupanc
which incl des services customarily furnished to hotet guests, shall be presumed to be fo
transient p rposes. . � I
7.4 I Business Use Restricted. No business, trade, occupation, or profession of an
kind, whet er carried on for profit or otherwise, shall be conducted, maintained, or permitted.i
any Unit o the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a hom
occ pation in such Unit;provided,that such use (i) is incidental to khe residential use;(i) i
doe not involve physical alteration or improvement of the Unit visibie from the exteri r
of the Unit; (iii) is in compliance with all governmental laws, ordinances, an I
reg�lations; (iv) does not involve observable business activiry such as signs, advertisi
dis Iays, unusual numbers of deliveries, or unusual levels of pedestrian or vehicui r
i tra ic to and from the Unit; {v) does not involve employees, independent contractors, r
co sultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwi e
inv lve activity which disturbs the quiet enjoyment of the Property by other Owners r .
Oc upants. " '
7.42 Declarant may maintain affices,models,sales facilities,and other busine�s
fac lities on the Property in connection with the exercise of its special Declarant rights.
7.4.3 The Association rnay maintain offices on the Property for manageme t
an retated purposes. �
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7.5 Leasin . Leasing of Units shall be allowed (subject to reasonable reguiation by �
the Associat on) but only in accordance with the following conditions: (i) no Unit may be
subleased, (i ) a Unit must be leased in its entirety (not by room), (iii) the lease shall be in
writing, (iv) nless otherwise required in connection with the financing,guarantee,or insuring of
a Unit mort�age, and except for leasing of Units owned by Deciarant, no lease shall be for a
� period less t an twelve months, except for extenuating sitvatior,s, {v) the lease shall provide that
it is subject tp the Governing Documents, the Rules and Regulations, and the Act, and tbat any
failure of th lessee to comply with the terms of such documents shall be a default under the
. lease, and ( i) prior to occupancy of the, Unit by the lessee{s), the Assaciation shall receive a
copy of the lly-signed lease along with a written list of the name and telephone number of each
Person who ill occupy the Unit undeF the lease,and the absentee address of the leasing Owner.
The Associa ion may impose such reasonable Rules and Regulations as may be necessary to •
implement p ocedures for the leasing of Units, consistent with this Section and applicable law,
including bu not limited to{i}a requirernent for a form addendum to be attached to each lease to
assure that e rights and authority of the Association and Owners and Occupants are recognized, '
and (ii) a re uirement for the screening of lessees through a reputable, professional screening
organization provided,that such screening shal] not violate federal, state, or local ciiscrimination
laws.
7.6. Delegation of Use. An Owner's right of use and enjoyment of the Unit shall be
automaticall delegated to other persons living in the Unit pursuant to a legal right of possession;
provided, th t such persons shall be subject to the Governing Documents and the Rules and
Re�ulations. Unless otherwise authorized in writing by the Board, if persons other than the
Owner or t e Owner's famity (e.g., lessees) have been given the lega) right to possess the
Owner's Un t, then those persons shall have the right to use any recreational facilities, parking,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the Owner
and the Ow er's family.
� 7.7 Parkin . There are ninety-five Common Element vehicle garage staEls �
(collectivel the "Stalls," and individually a "Stall") in the lower 1eve1 of the Building. The '
Sta}ls and o her parking spaces on the Property shall be used only for parking of vehicles owned
or leased b Owners and Occupants, and such other incidental uses as may be authorized in
writing by t e Association. A Stall shall not be converted ta other uses or used for storage a
other purpo es which would prevent the parking of a mid-size automobile in the Stall, except as ;
authorized n writing by the Association. The use of the Stalls, other parking spaces, an �
driveways n the Property, and the types of vehicles and personal property permitted thereon
shatl be su 'ect to regulation by the Association, including, but not limited to, the right of th
Association to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls. The Stalls shall be assigned to various Units; and the operation an
transfer of he Stalls shalE be administered, in accordance with this Section 7.8. The followin
conditions a�nd restrictions shall govern the assignment,use,and transfer of the Stalls.
7.8.I The initia! assignment of a Stall to a Unit sha}1 be made by the Associatio
as directed by Declarant at the time of the first conveyance of the Unit by Declarant
Upo the closing of the initial sale of a Unit, the Association shall, as directed b
Dec arant,assign to the Unit the exctusive right and license to use at least one Staii. Eac
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Stall I signed by the Association shall be deemed to be licensed and assigned by the I •
Assoc ation to the Unit to which it is assigned. After all Units owned by Declarant have �
been nveyed, any unassigned Stalis shall be deemed to be assigned to the Association,
and m y be reserved for guests of Owners and Occupants, for handicapped parking, or
for rer�tal or assignment by the Association to Owners or Occupants,as determined by the
8oard� The Association may,after DecIarant no longer owns any LJnit, rent or otherwise
assignl any unassigned Stalis to Owners or Occupants. .
I 7.�.2 The use rights with respect to each Stall shall be deemed to be licensed I
exclu�'ively to the Owner of the Unit to which the Sta11 is assigned. The Association shall
maint�in records identifying the Stalls, the Units to which they are assigned,the names of
the O ners of the Units, and the dates of assignment and any reassignments. A written
certifi ate of garage stall assignment(the"Garage Certificate") shall be signed and dated I �
on be alf of the Association and made available for delivery on the date the Owner
acqui�}es title to the Unit to which the Stall is assigned. The Association shall not
unilat�rally reassign any Stall assigned to a Unit, except for handicapped Stall
ass�g ments which may be unilaterally transferred by the Association to accommodate
legall�handicapped persons.
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I 7.8.3 A Sta31 shall remain with the Unit ta which is it assigned unti]the license
is tra�sferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, a Stall
licen e may be transfetred to another Unit, but only by first delivering to the Association
(i) a ritten transfer certificaEe, in a form approved by the Association, signed by the
trans ror and the transferee, and (ii) all prior Garage Certificates and copies thereof
issue�l with respect to.the Stail. The Association shall review ihe proposed transfer
. certif�cate for compliance with this Section 7 and, if the transfer complies, the
Asso iation shall transfer the license on its records to the Unit owned by the transfered
and i sue a new Garage Certificate to the transferee. The ticense to use the Stall shall
rema n with the Owner and the Unit to which it is assigned until the license is transferee
in ac ordance with this Section "1.8. In the absence of a properly executed assignment to
the �ontrary, the license to use a Stall assigned to a Unit at the time of the Unit's �
conv�yance shal! be automatically assigned with the conveyance of title to the Unit.
I 7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her Unit j
only Ito or by other Owners and Occupants. The lease or other use right shali be in
� writt�n form, and shall terminate when the lessor, lessee, or other user is no longer an .
Own r or Occupant, regardless of the terms of any agreement to the contrary. The
Own r shall give the Association advance written notice of any lease or use agreeircent
with respect to the Stall assigned to that Owner's Unit,and shall promptly provide a copy�
of th lease or use agreement to the Association. The Association may hold,reassign the
licen e for, or rent, a Stall assigned to it in the same manner as an Owner, except for th�
� Stall�reserved for use by Owners.
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I 7.8.5 The interest of a secured party holding a first lien or other security interes I
on al Unit shall include the license to any Stal1 which is assigned to the Unit, and sai
righ�s shall be included within the secured party's interest acquired in the event of
fore�losure of the lien or other security interest.
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I 7.8.6 Any license, lease, rental, assignment, transfer, or purported transfer o •
any i�terest in a Stali in violation of this Section 7.8 shall be void:
I7.8.7 The use of the Stalis, and the size and types of cars and other motorized
vehi�les which may be kept in a Stall, are subject to Rutes and Regutations as approved
. fremi time to time by the Board. _
79 I StoraQe Spaces. There are ninety Common Element storage spaces located in th
lower levelIof the Building (collectively the "Siorage Spaces," and individually a "Storag
Space"). Tlhe assigmnent of the Storage Spaces, and the operation and iransfer of the Storag �
Spaces, shal� be administered in accordance with this Section 7.9. The following conditions an
restrictions 3ha1!govern the assignment,use,and transfer of the Storage Spaces.
- I 7.9.1 The initial assignment of a Storage Space to a Unit shall be made by th
Ass ciation as directed by Declarant at the time of the first conveyance of the Unit b ;
Decl rant. Upon the closing of the initial sale of a Unit,ihe Association shall, as directe
by eclarant, assign to the Unit the exclusive right and license to use at least one Storag
Spa e. Each Storage Space assigned by the Association shall be deemed to be license
and ssigned by the Association to the Unit to which it is assigned. After all Units owne
by eclarant have heen canveyed, any unassigned Storage Spaces shall be deemed to
assi ned to the Association. The Association may, after Declarant no longer owns an
Unit�rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
7.9.2 The use rights with respect to each Storage Space shall be deemed to b
lice�lsed exclusively to the Owner of the Unit to which the Storage Space is assigned
The�Association shall maintain records identifying the Siorage Spaces, the Units to whic
they are assigned,the names of the Owners of the Units, and the dates of assignment an
. any Ireassignments. A written certificate of Storage Space assignment (the "Storag
Cer �6cate") shall be signed and dated �n behalf of the Association and made availabl
for elivery on the date the Owner acquires titSe to the Unit to which the Storage Space i
assi ned; provided, that the Owner has been assigned a Storage Space. The Associatio� i
shal� not unilaterally reassign any Storage Space assigned to a Unit.
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7.9.3 A Storage Space license shall remain with the Unit to which it is assigne
unti the license is transferred in accordance with this Section 7_9.3. .Subject to Sectio
7.9. , a Storage Space may be transferred to another Unit, but only by first delivering t
the ssociation (i) a written transfer certificate, in a forrn approved by the Association
signed by the transferor and transferee, and (ii) atl prior Storage Certificates and copie
therl of, issued with respect to the Storage Space. The Association shall review th
pro osed transfer for compliance with this Section 7.9 and, if the transfer complies, th
Ass ciation shall transfer the license on its records to the Unit owned by the transfere
and issue a new Storage Certificate to the transferee. The license to use the Storag
Spa e shall remain with the Owner and Unit to which it is transferred until the license i
tran ferred in accordance with this Section 7.9. In the absence of a properly execute
assi nment to the contrary, the license to use a Storage Space assigned to a Unit at th
tim of the Unit's c�nveyance shall be automatically assigned with the conveyance o
titl to the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned to his �
or he Unit only to or by other Owners and Occupants. The lease or other use right shatl
be in written form, and shall terminate when the lessor, lessee, or other user is no longer ;
an 0 ner or Occupant, regardless of the terms of any agreement to the contrary. The
� Own r shall give the Association advance written notice of any lease or use agreement
with respect to the Storage Space assigned ta that Owner's Unit, and shafl promptly
provide a copy of the lease or usz agreement to the Association. The Association may
hold,'reassign the license for, or rent, a Storage Space as5igned to it in the same manner
as an Owner,except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secared party holding a first lien or other security interest
on a nit shall include the license to any Storage Space which is assigned to the Unit,and
said 'ghts shall be included within the secured party's interest acquired in the eveni of a
forec�osure of ihe lien or other security interest.
7.9.6 Any license, lease, rental, assignment, transfer, or purported transfer af �
any i terest in a Storage Space in violation of this Section 7.9 shall be void. .
" 7.9J The use of the Storage Spaces, and the items that may be stored in the
Storaj�e Spaces, are subject to Rules and Regulations as approved from time to time by
the ard.
7.14 Animals. The Board shall have the exclusive authority to regulate or prohibit, by
' the Rnle an Regulations, the keeping of animals on the Praperty; provided, that the Board may
only permit ogs (except Rottweillers, Pitbulls, or poberman Pinschers),cats, small birds,small
fish, and oth r animals generally recognized as domestic household pets (collectively referred to
as"pets")to'be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulate or
proh bit pets on-the Property, including, but not limited to,the type, size, and number of
pets llowed to be kept in a Unit; provided, that such Rules and Regulations are not
inco sistent with the Goveming Docwnents.
! 7.10.2 Pets shall be kept solely as common domestic household pets, ar as
statu orily authorized "service animals" by handicapped persons, and not for any other
purp se. No animal of any kind shall be raised or bred, or kept for business or
co ercial purposes,by any Person upon any part of the Property. �
7.10.3 Pets shall not be allowed to make an unreasonable amount of noise, or to
beco e a nuisance or a threat to the safety of Owners,Occupants,and their guests.
' 7.10.4 Pets shall be housed only within Units, and not within the Common
Ele ents. No structure, fence, or enclosure for the care, housing, or confinement of any
pet all be constructed or maintained on any part of the Common Elements or in any�
part f a Unit that affects or may affect another Unit or the Common Elements.
7_10_5 Pets shall be under control of an aduft individual at all times when outside
of th�Unit.
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� 7.1 Q.6 Owners and Occupants keeping pets within their Units are responsible for •
! the pet's behavior and for complying with municipal pet Iaws,, ardinances, and
� regullations. An Owner is liable to the Association for the cost of repair of any damage to
the P�operty,or the damages and expenses associated with any persona! injury,caused by �
. an ahimal (i) kept by that Owner on the Property, (ii) kept on the Property by an . �
Oc�upant of that Own�r's Unit,or(iii)brought upon the Property by a guest or invitee of� .
that awner or that Oceupant. The owner of that animal {if not that Owner)shall also be
liabl� for such costs,damages,and expenses. .
j 7.i 0.7 The Board shall have authority to deterrnine in its sole and absolute
discr¢tion whether a particular pet shall be permanently removed from the Property based
upon;the pet's behavior or the failure of the pet's owner to comply with(i)this Section 7,
(ii) �pplicable governmental restrictions, laws, or ordinances, or (iii) any additionai
restri�Ctions approved by the Board; provided, that such removal shall be subject to
Sectibn 13.3.
i 7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner for a
� failu¢e to comply with any pet restrictions shall be an Assessment against the Owner's
Unit.;
7.11 � Ouiet En}oyment; Interference Prohibited. Subject to Section 7.16, all Owners
� and Occupa ts and their guests shall have a right of quiet enjayment in their respective Units,
subject to th rights of other Owners and Occupants to reasonable use of their respective Units
and the usu I and customary sounds generated thereby given the multi-family, apartment-style
structure of t�e Building. Taking into consideration the nature of the Building structure, Owners
and Occupa�ts and their guests shall use and occupy the Property in such a manner as will not
cause a nuis�nce or disturbance, nor unduly restrict, interfere with or impede the use and quiet
enjoyment o�the Property by other Owners and Occupants and their guests. .
7.12 Comqliance with Law. No use shall be made of the Propert}�which would violate
any then exi ting r�unicipal codes or ordinances, or state or federal laws and regulations, nor
shall any ac�or use be permitted which could cause waste to the Property, cause a material i
increase in i�surance rates on the Property, or otherwise cause any nnusual liability, health or i
safety risk,o expense,for the Association or any Owner or Occupant. �
7.13 ; Alterations. Except for those made by Declarant in consideration of its initial sale
of a Unit an� except as otherwise provided in Section 8, no alterations (as defined in Section 8)
shall be mad�, or caused or altowed to be made, in any part of the Common Elements,or in any
part of the l.�nit which affects the Cornmon Elements or another Unit, or which is visible from
the exterior bf the Unit, without the prior written authorization of the Board, or a committee
appointed b}� it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit any
physical cha�ges to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of the�Building,or any Building system, or other improvement located on the Property; or
(ii) interfere Iwith any easement affecting the Property.
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7.14 Time Shares Prohibited. The time share form of ownership, or any comparabl •
fortn of te e, occupancy rights, ownership, or right-to-use plans, which has the effect o
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.15 Access to Units. ln case of emergency which constitutes an immediate an
• material thr�at to the Property or to the health or safety of the Owners or Occupants, all Unit
- and the Lim�ited Elements are subject to entry, without notice and at any time, hy an officer o
member of�the Board, by the Association's management agents, or by any pubfic safet
persannei. ntry is also authorized for maintenance purposes under Sections 9 and 13, and fo
enforcemen purposes under Sec.tion 14. �
7.16 Public Works Facilitv. The City's public works facility(the "Facility") is locate
directly to t e west of the Property. The Facility is.used by the City for, among other things, th
storage, rr�ai tenance, and repair of trucks, plows, and other equipment owned and used by th
City. The acility is operated by the City twenty-fo�tr hours a day, seven days a week. Give �
� the close pr ximity of the Facility to the Property, the Owners and Occupants and their invitee �
will be subj ct to the sights,sounds, lights,and smells associated with the Facility.
7_97 StoraQe. Subject to the provisions of Section 7.9, personal groperty may not b
stored, disp�ayed, or otherwise Ieft outside the Units, except as authorized by the Baard. A1 .
portions of e Common Elements used for access to and from the Units and to and from th
lower(evel f the Building, may not be obstnacted, or used for parking, storage,activities,or an
purpose oth r than access and authorized parking and storage, j
7.18 Prohibited Conduct. No Owner or Occupant shall{i}cause or permit any physica
changes to t eir Unit or the Common Elements that could jeopardize or impair ihe weather-tigh
soundness o safety of the Building, any Building system, or other improvement located on th
Property; (ii interfere with any easement; (iii) install or perrnit the installation of hard surfac
floor coveri gs within their Unit without the prior written authorization of the Board, except fo
the replace ent of floor coverings of the same type as originally installed in the Unit b
Declarant; r (iv)cause or permit any physical changes to his or her Unit which coutd affect o
damage the sound barriers or sound attenuation materials instatled on or within the ceilings
floors,or wa�11s of the Units without the prior written authorization of the Board.
I SECTION 8 �
ARCHITECTURAL STANDARDS
8.1 Restrictions on Improvements. One of the purposes of this Declaration is t
ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common lements, be kept architecturally attractive, and consistent in appearance, an
structuralty ound. Therefore, except as set forth in Section 8.5, the following restrictions an
requirement shall apply to alterations on the Property: �
8_I.t Except as expressly provided in this Section 8, no modifications
impr vements, repairs, or replacements of any type, whether temporary or permanent,
struc ural, aesthetic, or otherwise (collectively referred to as "alterations," an
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individually a "alteration"), including, but not limited to, any struckure, building, '
addit�on, deck,patio, fence,wall, enclosure, window,exterior door, antenna or other type
of s¢nding or receiving apparatus, sign, flag, display, decoration, color change,
shrubbery, materiai topographica]or landscaping change,or any other exterior alterations
to or'of a Unit or a Limited Common Element, shall be made, or caused or allowed to be
riad�, by any Owner or Occupant,or their invitees, in any part of the Common Elements,
or in�any part of the Unit which af�ects the Common Elements or another Unit, or which
is vi�ible from the exterior of the Unit, unless and until the plans and specifications
showling the nature, kind, shape, height, calor, materials, and locations of the alterations
shall�'have been approved in writing by the Board or a committee appointed by it. In
addition, Declarant's written consent shall also be required for alterations until Declarant
no lohger owns a Unit for initial sa}e.
8.1.Z The Board rnay appoint, supervise, and disestablish an architectural
comrhittee, and speci�cally delegate to it part or all of the functions which the Board .
exerCises under this Section 8,in which case the references to the Board shall refer to the
archi�ectural commiitee where appropriate. The architectural committee shall be subject
to th$ supervision of the Board.
8.1.3 The Board shall establish the criteria for approval of alterations, which
shall�(i) adequately protect the Property, the Association, and the Owners and Occupants,
; from�liability and liens arising out of the proposed alterations or any construction activity
in c nnection therewith, and (ii) cornply with all governmental laws, codes, and
regul�ations. The criteria for approval of alterations shalt include and require, at a
miniqnum:
8.1.3.1 substantial uniformity of color, location, type, and design in
' relation to existing structures and topography,
' 8.I3.2 comparable or better quality of materials as used in existing
improvements on the Property, • ' �
8_I.3.3 ease of maintenance and repair, j
8.1.3.4 adequate protection of the Property, the Associatian, the Owners,
and the Occupants from liability and liens arising-out of the proposed alterations,
8.1.3.5 substantial preservation of other Owners' sight lines, if material,
and
8.1.3.6 compliance with governmental laws, codes, and regulations.
8.1.4 The Board, or ihe appointed architectural committee if so authorized by
the �oard, in its sole discretion, may impose standards for design, appearance, or
construction which are greater or more stringent than standards prescribed by the
Gov�rning Documents, or by building, zoning, or other governmental laws, codes, or
. regu�ations; provided, that such standards shall be consistent with the architectural
char�cter and use of the Property as planned and developed by Declarant. The Board, or
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the a�pointed architectural committee if so authorized by the Board, shall be the sole • •
judge of whether such criteria are satisfied, and its determination in this regard shall be
bindi g upon the Owners, the Occupants, and any other Person holding or acquiring an �
inter st in the Unit. The purpose of the criteria established by the Board shall be (i) to ;
preset've the architectural sryle and uniformity, the qualiry and value of the Praperty,and �
. (ii) t protecl the A.ssaciation �nd the Owners from undue liability arising oui of th� -
altera ions or any construction activity in connection therewith. -
8.1.5 Alterations may be made in compliance with Section S 15B.2-11.3 of the ,
Act, nd relocation of the boundaries of the Units may be made in compliance with '
Secti n S 15B.2-114 of the Act.
' 8.1.6 Approval of alterations that encroach minimally upon another Unit or the �
Com on Elements or which essentially continue an existing encroachment created in the �
cours of construction of the Building and Units,shall create an appurtenant easement for
such encroachment in favor of the Unit with respect to which the alterations are
appro ed, notwithstanding any contrary rec}uirement in the Governing Documents or the
Act. A fite of the resolutions approving all alterations shali be maintained permanently �
- as a p rt of the Association's records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations u der this Section 8:
8.2.1 Detailed plans, specifications, and related information regarding any �
prop sed alteration,in form and content acceptable to the Board,shall be submitted to the
Boar (or the committee)and to Declarant(as long as Dec]arant is the owner of a Unit) at
least ixty days prior to the projected commencement of construction. No alterations i
shall e commenced prior to approval.
8.2.2 The Board (or the committee} and to Declarant(as long as Declarant is the j
owne of a Unit) shall give the Owner written notice of approvat or disapproval. If the
Boar (or the committee) arid to Declarant (as long as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
speci �cations and all other information requested by the Board(or the committee) and to
Decl rant (as long as Declarant is the owner of a Unit), then approval shall be deemed to ;
� be g anted; provided, that the alterations are done in accordance with the plans,
speci scations,and related information which were submitted. �
I- 8.2.3 If no request for approva( is submitted, a.pprova! shall be deemed to be
denieki. �
83 Remedies for Violations. T'he Association may andertake any measures, legal or
administrati e, to enforce compliance with this Section 8 and sha11 be entitled to recover from
the Owner ausing or permitting the violation all attorneys' fees and costs of enforcement �
incurred by he Association, whether or not a legal action is started. Such attorneys' fees and
costs shall b a lien against each of the Owner's Units and he a personal obligation of the Owner.
In addition, e Association shall have the right to enter the Owner's Unit and to restore any part
MPLS-Word 9528 .1 t 20
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h ildil or that Unit to the rior conditi n if •
of t e Bu g p o any alterations were made in violation of thisl
Section 8, a�d the cost of such restoration shall be a personal obligation of the Owner and a lien
against eachlof the Owner's Units.
8.4 I Owner ResnonsibilitylIndemnitv. An Owner who causes an alteration to b
made, regai�iless af whether the alteration is approved by the Board;shall be responsible for th
� constructior� work and any claiins, damages, losses, or liabiiities arising out of the alteration
The Owner,l and not the Association, is responsibie for determining whether any alteration is i
violation of any restriction imposed by any governmental authority having jurisdiction over an
portion of tt�e Property. T'he Ow�er shail hold harmless, indemnify,and de�end the Association
and the Ass�ciation's officers, directors, committee members, and management agents, from an
against any expenses, claims, damages, losses, or other liabilities, including without limitatio
attorneys' ees and costs of litigation, arising out of (i) any alteration which violates an
governmen al laws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of th
specificatio#�s or standards for construction of the alteration, and (iii) the construction of th
alteration. i
8.5 j Exemptions. The requirements set forth in this Section 8 (except Section 8.4
shall not apjply to the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in connectio
wit�its sale of Units.
' 8.5.2 The installation of the following antennas within a Unit or within '
Li ited Common Element, as permitted by applicable law: (i) one antenna one meter r
les in diarneter for the puipose of rece'iving direct broadcasdsatellite service or vid
pro ramming services, or (ii) any antenna for receiving television broadcast signal .
Holwever, the Board or a committee appointed by it, may require that the antenna e
ins�alled so as to minimize its visibility from the front of the Unit and otherwi$e
ca ouflage its appearance, uniess such requirements would violate applicable law. e
Bo�rd shall have authority to impose further, reasonable related requirements consiste t
witlh law. The Owner or Occupant of the Unit shall perform and pay for the installat�o ,
maintenarice, and repair of the installation. . � i
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8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 9
I
MAINTENANCE i
9.� Maintenance bv Association_ Subject to Section 9.2,the Association shail provi�ie
for all atntenance, repair, and replacement (collectively referred to as "maintenance" pr
"rnaintainl') of the Common Elements and the Limited Cammon Elements, in accordance wi�h,
and subje�t to,the following qualifications:
9.1.1 The cost of inaintenance of a Limited Common Element required to e
u�dertaken by the Association shal] be assessed against each Unit to which the Limi ed
C mmon Element is allocated. The Association may assign to an Owner the obligati n
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for routine maintenance of a Limited Common Element allocated to the Owner's Unit. •
How�ver,if the Owner fails to adequately perform the mamtenance, Ehe Associat�an may
enter jthe Limited Common Element and tt�e Unit, perform the maintenance, charge the
Own�r for the cost of the maintenance, and assess the Owner's Unit for such cost. The
Asso iation shall have an easement on, over, and through that Unit and the Limited
C�m on E!ement far purposes of perferming said maintenance. I �
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I 4_12 The Association shall be responsible for incidental damage caused to a
Unit pr its Limited Common Elements by work undertaken by the Association pursuant
to thi�Section. �
� 9.I3 If damage to the Common Elements, the Limited Comrnon Elements, o�
othe�Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by�
any�ondition in the Unit or Limited Common Blements which the Owner or Occupan
has aused or allowed to exist, then the Association may repair the damage or correct th i
conc�ition, charge the Owner far the cost of the maintenance, and assess the cost thereo
agai�st the responsible Owner's Unit, as may be assignec3 by the Association pursuant t
. this �ection 9.1. The Association sha11 have an easement on, over,and through that Uni
and the Limited Common Elements for the purposes of performing said repair o
corr ction.
9.1.4 Notwithstanding the assignment of any maintenance obligations to a
, Owr�er, the Association shall have authority to approve any maintenance which affect
any Ipart of the Property other than the Unit, which may impait any easement, or whic
alte�s the appearance of the Property as seen from outside the Unit:
9.1.5 The Association also has the obligation to maintain the Common Elemen
in a cordance with that certain Declaration of Easements, Restrictions and Covenants f r
Sto ebay recorded in the office of the County Recorder in and for Hennepin Count ,
Mi nesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration f
Eas ments, Restrictions and Covenants, the Association has the obligation to maintai
tho e unpaved p�rtions of Kelley Parkway lying within the Common E(ements. �
9.2I Oational Maintenance bv Association. In addition to the maintenance describ d
in Section �.1 the Association may, with the approvat of a majority of votes cast in person or y
proxy at � meeting called for such purposes, or by written ballot, undertake to provi e
maintenan�e to parts of the Units.
9.31 Costs of Maintenance bv Association. All maintenance performed by t e �
Associatio under this Section 9 shall be funded by annual Assessments or, if necessary, speci 1
Assessme ts, unless otherwise provided in this Section 9. Notwithstanding the foregoing, t e
Associati reserves the right to levy and allocate the cost of any maintenance performed und r
this Sectio 9 to one or more than one Unit, pursuant to Seetion 6.4.
9. Owner Responsibilitv. The Owner shall, at the Qwner's expense, be responsi le
for maint ance, repair, and repiacement as foltows: .
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9.4.1 To �aintain a!1 portions of the Owner's Unit in good, clean, and sanitary • i
cond tion, and to maintain the Limited Common Elements allocated to the Owner's Unit
to th extent assigned ta the Owner under Section 9.1.i. The Association may require that �
the wners perform their maintenance obFigations in accordance with standards
estab ished by the Associaiion.
to d� 9.42 To perforr,-� the foregoing maintenance o6ligations in such manner as not
mage the Property, or unreasonably disturb or cause a hazard to other Persons
_ occu�ying or using the Property.
I The Association may, with the approva] of the Members, undertake any
main enance of a Unit which the responsible Owner fails to or improperly performs, and
� asse�s the Unit and the Owner for the cost thereof. No such approval shall be necessary
if th� Association has the authority under the Governing Documents to perform such
ma��enance. Such cost shall be a personal obligation of the Owner and a lien against th
Ownler's Unit. Owners and Occupants sha►1 promptly notify the Association of defects in
or d�mage to those parts of the Property which the Association is obligated to maintain.
The Board may require that the Owners perform their maintenance obligations i
acco�rdance with standards established by the Association.
9.5 I Waste o� Common Utilities or Commonlv Metered Utelities. An Owner o
Occupant o .a Unit shall not cause waste, or unreasonable use, of common utilities or utilitie
that serve t e Unit but which are commonly metered. In the event the Association determine
that such w ste or unreasonable use is occurring, the Association shall have the authoriry to lev
against the nit (under Section 6.4, or otkerwise), and charge to that Owner; the costs, charges
and fees ( hether billed by the utility provider, or otherwise) associated with that waste o
unreasonab e use. Such costs, charges, and #'ees shall be calculated by the Association usin
reasonable ethods. Notwithstanding any provision to the contrary in t�is Declaration, th
Association may repair or correct any condition (and enter upon any Unit and Limited Commo
Element to do so) causing the waste or unreasonable use. The cost of the repair or correctio
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's discretion
be the persc�na! obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Changes to the Property. Except as permitted by this Declaratio '
no Owner r Occupant shall, without prior written suthorization from the Board in accordanc�
with Sectio 7.12:
4.6.1 Cause or permit any physical or aesthetic changes or alterations, whethe
tem orary or permanent, to be made to a Unit or the Common Elements, if such chang
or a teration is visible from the exterior of his or her Unit.
I 9.6.2 Cause or permit any physical changes to his or her Unit or the Commo
Ele�nents that could jeopardize or impair the weather-tight integrity, safety or soundnes
of ny part of the Property, any system or eqvipment on or within the Property, or an
oth r improvements located on the Property.
- 9.6.3 [nterfere with or otherwise impair any easement.
MPL,S-Word 95�81.1 I 23 .
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9.7 Dutv to Report Defects. Owners or Occupants shall promptly report ta the •
Association �ny defect or need for repair to those parts of the Property which the Association is
obligated to nnaintain. �
9.8 ; Damaae Caused bv Owner. Notwithstanding any provision to the contrary in this
Declaration, if, in the judgment of the Association, the need for maintenance of any part of the
Property is c�used by the willfud or negligent act or omission of an Owner or Occupant,the guest
or invitee of ian Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupanit has willfulty or negligently allowed to exist, the Assaciation may cause such
damage or c�ndition to be repaired or corrected (and enter upon any Unit and Limited Common
Element to db so). The cost of the repair or correction may be assessed against the Unit of the
Owner respo�sible for the damage, and shalI be a personal obligation of the Owner and a lien
against that(bwner's Unit.
SECTION l0
1NSURANCE
10.i Re�red Coveraee. The Association shall ohtain and maintain, at a minimum,
one or more�than one master policy of insurance in accordance with the insurance requirements
set forth in t�e Act and the additional requirements set forth herein issued by one or more than
one reputabl� insurance company authorized to do business in the state of Minnesota,as follows:
, ;
i 0.1.1 Property insurance in broad form covering all risks of physical loss in an
amount equal to one hundred percent.of the insurable"replacement cost"of the Property,
exclu�ive of (i}deductibles; and (ii) land, footings,excavation and other items normally
excluded from coverage {but including all building service equipment and machinery). •
� The i°.ssociation, at its sole discretion, may or may not insure the following items: �
ceilir� and wall finishing materials, floor coverings, cabinetry, finished millwork,
electr;ical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and lpetterments re�ardless of when installed, and any items referred to in Section '
SISBl3-113(b)(i) through (vii) of.the Act, but must do so if required by the Federal !
Natio�nal Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corp�ration ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary �
of VeJteran's Affairs {"VA"). The policy or policies shall cover personal property owned
by t4�e Association. The policy or policies shall aIso contain "Inflation Guard" and
"Agr ed Amount" endorsements, if reasonably available. Such policy or policies shall
inclu�e such additional endorsements, coverages and limits with respect to the foregoing
and dther hazards as may be required from time to time by the regulations of the FHA,
VA, �NMA or FHLMC as a precondition to their insuring, purchasing or financing a
mort�age on a Unit. The Board may also,on behalf of the Association, enter into binding
writt n agreements with a mortgagee, insurer or servicer, including without limitatian the
FHA; VA, FNMA or FHLMC, obligating the Association to keep certain specified
covezjages or endorsements in effect.
� 10.1.2 Commercia! general liability insurance covering the use, operatian, and
main�enance of the Comjnon Elements, with minimum limits of one million dollars per
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occu ence,against claims for death,bodily injury,property damage, and such other risks '
as ar customarily covered by such poiicies for projects similar in construction, location
and u e to the Property. The palicy shall contain a"severability of interest"endorsemeni
whic shall preciude the insurer from denying the claim of an Owner or Occupant
beca e of negligent acts of the Association or other Owners or Occupants. The policy
sh�lt�tnclude such additiana! endorsements, coverages a�d limits with respect to such :
hazar�is as may be required by the regujations of the FHA, VA, FNMA, or FHLMC as a
preco�ndition to their insuring,purchasing,or financing a mort�age on a Unit.
I10.1.3 Fidelity bond or insurance coverage against dishonest acts on the part of
direc rs, officers, managers, trustees, empioyees, or persons responsible for handling
. funds belonging to or administered by the Association, if deemed to be advisable by khe
Boar or required by the reguiations of any financing-related institution as a precondition
to th purchase, insurin6, guarantee, or financing of a mortgage on a Unit. The fidelity
bond or insurance shall name the Association as the named insured, and shall comply
with he regulations of the FNMA, FHLMC, FHA or VA, if required by one of such
agen ies as a precondition to the purchase, financing, insuring, or gt�arantee of a
mort age on a Unit. An appropriate endorsement to the policy to cover any persons who
' serve without compensation shall be added if ihe policy would not otherwise cover �
volu teers, or a waiver of defense based upon the exclusion of persons serving without
com nsation shall be added,
L0.].4 Workers' Compensation insurance as applicable and required by law.
l0.].5 Directors and officer liability insurance with such reasonable limits and
cove ages as the Board shall determine from time to time.
. 10.1.6 Such other insurance as the Board may determine from time to time to be
in th best interests of the Association and the Owners. �
10.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4, all
insurance p emiums shall be assessed and paid as part of an annual Assessment. If
improveme ts and beiterments to the Units are covered by the Association's property insurance,
any increa5e cost may be assessed against the Units affected. The Association may, in the case
of a claim f r damage to one or more than one Unit,(i} pay the deductible amount as a Common
i Expense, (ii assess the deductible amount against one or more than one Unit. affected in any
reasonable anner, or(iii) require the Owners of one or more than one Unit affected to pay the
deductible a ount directly. The Association's decision as to who shall be charged with paying
the deducti le amount may, but need not, be based on fault. Notwithstanding anything to the
contrary in his Section ]0, the Association may, in the case of claim against the Association's
property ins rance�, assess the deductible amount against all of the Units equally in the event that
the deducti le amount is calculated by the insurance company based upon the percentage of the
value or cos (replacement or otherwise)of one or more than one Unit or Building. '
10.3 Loss Pavee; insurance Trustee. Atl insurance coverage maintained by the
Association shall be written in the name of, and the proceeds thereof shall be payable to, the
Association {or a qualified insurance trustee selected by it) as trustee for the benefit of the
MPLS-Word 952 1.11 25
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Owners and ecured parties which suffer ioss. The Association,or any insurance trustee selected -
by it, shall h ve exclusive authority to negotiate, settle; and co}lect upon any ctaims or losses �
under any in rance policy maintained by the Association_ ;
. 10.4 Required Policy Provisions. Ait policies of property insurance carried by the
Association all provide, if practicable;that: -
10.4.1 Each Owner and secured party is an insured Person under the policy with
respe t to liability arising out of the Owner's interest in the Common Elements ar
mem ership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any I
Own r or member of the Ownec's household and against the Association and rnembers of I
the B�ard.
10.4.3 The coverage shall not be voided by or conditioned upon (i) any act or
omis ion of an Owner, untess acting within the scope of authority on behalf of the
Asso iation, or (ii) any failure of the Association to c�mply with any warranty or
condi ion regarding any portion of the Property over which the Association has no
contr L
L0.4.4 If at the time of a loss under the policy there is other insurance in the name
of an Owner covering the same property covered by the policy, the Associa#ion's policy
is pri ary. �
10.5 Cancellation; Notice of Loss. All policies of property insurance and
comprehensi e liability insurance maintained by the Association shall provide that the policies
shall not be anceled or substantially modified, for any reason, without at least thirty days prior
written notic to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
the primary i surance where there is other insurance in the name of the 4wner covering the same ,
property, anc� may not be brought into contribution with any insurance purchased by Owners or �
their mortga ees. � �
]0.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additiona]
personal ins rance coverage (commonly known as "gap coverage"or an "H06"policy) at his or
her own exp nse covering fire and other casualty to the interior of the Unit,the Owner's personal
property an personal liability, and covering insurance deductibles that may be levied by the
Associakion gainst the Unit. Insurance policies maintained by Owners are without contribution
as against th insurance purchased by the Association, except as to deductible amounts or other
items not co ered under the Association's policies. Upon request by the Association, an Owner
sha{1 immed ately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing t e insurance required by this Section 10.7.
MPES-Word 9528 .t I �(
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SECTION ]1 �
R CONSTRUCTION,CONDEMNATION,AND EMINENT DOMAIN �
I 1.1 Reconstruction. T'he obligations and procedures for the repair, reconstruction, o �
disposition f the Property following damage or destruction thereof shall be governed by the Act �
Any repair r reconstruction shall be commenced as soon as practicab;e after the casualty an
shalf be sub tantially in accordance with the plans, specifications, and design of the Property a
initially c�n tructed and subsequently improved. Notice of substantial damage or destn�ctio
shall be give�n as provided in Section 15.10. �
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of th
Property by ondemnation or eminent domain, the provisions of the Act shall govern; provided,
(i) that noti e shall be given as provided in Section 15.10, (ii) that the Association shall be the
attorney-in- ct to represent the Owners in any related proceedings, negotiations, settlements, o
agreements, and {iii) that any awards or proceeds shall be payable to the Association for the i
benefit of th Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitled to
priority for ondemnation awards in accordance with the priorities established by the Act and the �
Goveming ocuments, as their interests may appear.
, 11.3 Termination and LiQuidation. The termination of the Condominium, and the
distribution f any proceeds therefrom, shall be governed by the Act. Any distribution of funds
shall be bas d upon the value of the Units as determined by their relative value for property
insurance p rposes, and shall be made to Owners and their mortgage holders; as their interests
• may appear, s provided in the Act. li �
11.4 Notice. The Association shall give written notice of any condemnation
proceedings or substantial destruction of the Property to the ,Eligibie Mortgagees entitled to .
notice under Section 15.10. !
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11.5 Association's Authority. ln all cases involving reconstruction, condemnation, '
eminent dornain, termination or liquidation of the Condominium, the Association shall have
authority to;act on behalf of the Owners in all proceedings, negotiations, and settlement of
claims. All�roceeds shall be payable to the Association to hold and distribute for the benefit of
the Owners nd their mortgage holders,as their interests may appear,in accordance with the Act.
SECTION 12
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EASEMENTS
The Ilowing appurtenant easements and rights are hereby granted,conveyed, dedicated,I
and reserve on,over, under, and across the Property, as app{icable. I
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12.1 Utiiities, Services, and Ooeratin� Svstems. The Common Elements and the Units i
shall be subj ct to and benefited by nonexclusive easements in favor of the City,the Association�
and all utilit companies and other service providers for the installation, use, maintenance,repair
and replace ent of all utilities, services and common operating systems, such as natural gas,
electricity, c ble TV, security, telephone and other electranic communications, water, sewer,
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septic syste s, wells, and similar services, fire control systems and other common operating -
systems, an metering and contro! devices, which exist, which are constructed as part of the �
Property,w ich are approved by the City,which are approved by the Association under authority
contained in the Governing Documents or the Act, or which are described or referred to in the
Plat, this D laration, or other recarded instruments. Each Unit, and the rights of the Owners
and Occupa�hts thereof, shall also be se�bject to and benefited by a non-exclusive easement in
favor of the-ather Units, the Common Elements, and the Association for alI such utilities, "-"-
services, fir control systems, and other common operating systems. Utilities and related
services or s stems shall be installed, used, maintained, and repaired sa as no# to interfere with ,
the use and uiet enjoyment of the Units by the Owners and Occupants, nor affect the structura!
. or architectu al integrity of a Bvilding, the Units,or the Common£]ement improvements. �
.
12.2 , Encroachments. Each Unit and the Common Elements, and the rights of the �
\
Owners and Occupants therein, shal! be subject to a nonexclusive easement in favor of the �
adjoining U its for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, r movement of any part of the Property, for improvements which are added in •
compliance with Section 7.13, and nonmaterial inaccuracies in survey. If there is an
encroachme t upon another Unit or the Common Elements as a result of any of the
aforementio ed causes,an easement shall exist for the encraachment, for the use,enjoyment, and
habitation o any encroaching Unit or improvements, and for .the maintenance thereof.
Improvemen s ar alterations added pursuant to Section 7.13 shall be limited to minor
� encroachme ts, and na easement shall exist unless the proposed improvements or alterations
have been a proved and constructed as required by this Declaration, Such easements shall ;
continue for s long as the encroachment exists and shall not affect the marketability of title.
12.3 I Stnactural Suppon Easements. Each Unit and the Common Elements shall be
subject to a d be the beneficiary of nonexclusive easements for structural support in all walfs,
columns, joi ts, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access ,
to and from public roadways and walkways on and across those poRions of the Common
Elements de ignated for use as driveways or walkways, as originally constructed, shown on tfie
Plat, or othe ise designated by the Association, subject to any restrictions authorized by the
Governing ocuments or the Rules and Regulations. The right of access of ihe Owners and
Occupants, a d their invitees, to and from the roadway to the west of the Property, commonly �;
known as Ca cade Lane, is set forth in that certain Declaratian of Easements (Roadway Access)
recorded in he office of the County Recorder in and for Hennepin Counry, Minnesota, as
Document N . D 7S . Thai Declaration of Easements also seis forth the obligation of the
Association share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over w ich that righ#of access is�ranted.
L 2.5 Inst�ection, Maintenance, Repair, Replacement, and Reconstruction. Each Unit,
and the righ of the Owners and Occupants thereof, and the Common Elements and Limited
Common E1e�ment, shall be subject to and benefited by the nonexclusive easements in favor of
the Associat�an, its agents, and Declarant for the maintenance, repair, replacement, and
reconstructio of the Common Elements, the Units, and other improvements located within the
MPLS-Word 9526I l I 28
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Units, and t e utilities serving the Uniis, to the extent necessary for the Association to fulfill its •
obligatians nder the Governing Documents or for Declarant to investigate or undertake its
warranty ob igations. Each Owner shall afford to the Association and its management agents
. and employ es, access at reasonable times and upon reasonable notice, to and through th
Owner's U it and its Limited Comrnon Elements for insgection, maintenance, repair, an
replacement, provide�, that access to the Unit and its Limited Cammon Elements may be had
- without noti�e and at any time in case ofemergency. '
12.6 Public Safetv and Health Access. There are nonexclusive easements in favor o
� the City an other applicable governmental authorities or agencies as shall frorn time to time
have jurisdi tion over the ProQerty, on and across drives, walkways, parking areas, and othe
open space reas of the Property for reasonable access to perform such duties related to law
enforcemen fire protection, life safety, health, and sanitation as are reasonably required from
time to tim . Such easements shall include access through and into the affected Units an �
Limited Co mon Elements in the.case of an emergency. �
12.7 Emer�encv Access. In case of emergency or perceived threat to public heaith o
safety, all nits and Limited Common Elements are subject to an easement in favor of th
Association far access, without natice and at any time, by an officer or member of the Board, b
the Associat�on's management agents, or by any public safety personnel. The Board may require
that an Own r or Occupant leave keys to the Unit with another Owner of the Owner's choice, o
with the As ociation, and.to advise the Association's management agent or the Board of the
Locations o the keys, so as to allow access for emergencies when the Owner or Occupant is'
absent from he Property for extended periods.
12.8 Recorded Easements. The Property shall be subject to such other easements as
may be reco�-ded against it or otherwise shown on the Plat_ Any recorded easement benefiting o
burdening t e Property shall be construed in a manner consistent with, and not in conflict with,
the easeme ts created by this Declaration. Such recorded easements include,but are not licriited,
to, that cert in Declaration of Easements, Restrictions and Covenants for Stonebay recorded in '
the office o the County Recorder in and for Hennepin County, Minnesota, on July 29, 2004, a
Document o. 8406752. Pursuant to that Declaration of Easements, Restrictions and Covenants
the f4ssocia ion has the obligation to maintain those unpaved portions of Kelley Parkway lying
within the mmon Elements.
12.9 Drainae�e Easements. The Common Elements shall be subject to nonexclusiv�
easements f r storm water drainage in favor of the Qwners and Occupants for reasonable starm
water drain ge,and other normal siie drainage, over those garts of the Common Elements which
may be desi ed, improved,or graded for such purposes. '
i 2.1 Q Use and Enjovment Easements. There are nonexclusive easements in favor of th
Owners and Occupants of the Units for use and enjoyment on and across the Comman Elements,
and far exc usive use and en}oyment of any Limited Common Eiements allocated to the Unit,
subject to a y restrictions authorized by, or set forth in, the Governing Documents or the Rules
and Regulat ons. .
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12.1 l Declarant Ri�hts and �asements. The Units and the Common Elements ar - '
subject to clusive easements and rights in favor of Declarant for the exercise of its declara
rights as de cribed in the Governing Docnments, and far the periodic inspection of the Units an
the Commo Elements during any warranty periods and thereafter to review the condition of th i
Praperty a d Building systems and to detecmine whether Unit and Building maintenanc .
requiremen s are being foUowed.
12.1 Duracion, Restrictions, and Use. The rights and easements granted or reserved b
this Section 12 shalt be permanent, shall run with the land unless otherwise expressly indicate ,
and shal]b suhject to the following qualifications:
12.12.1 The easements shall supplement and not limit any easements describe
else here in this Declaration or any other recorded instrument.
i2.122 The easernents shall be subject to reasonable regulation by th
Ass iation and shall be subject to such reasonable limitations as�to location and routin
as ay be established by the Association or any governmental authority.
t2.123 The easements shall include reasonable access over, under, and acros
the Property to maintain, repair, replace, and reconstruct the easement areas and an
imp�ovements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting o
bur ening .the Property, or any equipment or improvements relating to the easemen
, subj ct to this Declaration and the right of the Association to iFnpose reasonable Rule
and egulatibns governing the use of the Property.
' 12_12.5 No improvements shall be erected or maintained, no excavatio .
gra ing or reshaping shall be undertaken, and no fill or other matenal shall be placed, i
an asement area, which may damage or interfere with the installation, use, o{r
mai tenance of such area, or which may change or impede the intended flow of wate
thro gh any drainage easement area.
12.12.6 Persons exercising easement rights shal] (i) take reasonable care t
avoi damaging the Property or creating safety hazards; (ii) prompily repair any damag
' to t e Property which they or their caused; (iii) promptly reimburse the Association fo
i ail osts incurred by it for repairing damage ta an easement area caused by the Person o
the erson's invitees; and (iv) hold harmless, indemnify, and defend the Association
oth Owners, and the officers and directors of the Association, from and against al
clai�s, damages, losses, and other liabilities arising o.ut of the exercise of the easemen
righXs.
12.12.7 Declarant's easement rights described in this Declaration shal
te inate when Declarant no longer owns a Unit.
12.]2.$ No grant, dedication, or creation of an easement under this Declaratia
shal constitute a dedication of the easement area or the use thereof to the public, it bein
the ntent of this Declaration that the Common Elements be and remain priyate propert
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subj�ct to operation and regulation by the Association, and that the Units be and remai "
priv�te property subject to operation and regulation by the respective Owners thereo
and/pr the Association,as applicable,a11 in compliance with the Governing Documents.
; 12_1� Restriction on Third Partv Easement Gzants. Except for Declarant in the exercis
. of its rights'under this Declaration, and except for the Board in the exercise of authority grante
by the Go�erning Documents, no Person shall create, grant, or convey any "easement o
comparabie�rights upon any portion of the Property withoat the prior written approva! of th
Board;prov�ided, that the Board shall authorize an Owner to grant an easement over the Owner'
Unit if(i) ttpe easement wil] not adversely affect the Common Elements or another Unit and (ii
the easememt is consistent with the overall design and plan for the Property as established b
Deciarant a�d approved by the City. .
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12.1+� Continuation and Scope of Easements, Notwithstanding anything in thi "
, Declaration to the contrary, no Owner or Occupant sha11 be denied reasonable access to his o
her Unit or jthe right to utility services thereto. The easements set forth in this Section 12 shal i
supplementjand not limit any easements described elsewhere in this Declaration or recorded, an
shall incluc�e reasonabie access to the easement areas through the Units and the Commo
Elements fdr purposes of maintenance, repair, replacement, and reconstruction. All easemen
rights shall jinclude a right of reasonable access to maintain, repair, and replace the utility line
and related equipment.
SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in th
. Property, st�all be governed by and comply with the provisions of the Act, the Governin
Documents,and the Ruies and Regulations, and such amendments thereto as may be made fra �
time to ti e, and the decisions of the Association. A failure to comply shall entitle th �
Association to the relief set forth in this Section, in addition to the rights and remedies authorize
elsewhere by the Governing Documents and the Act.
13.1' Entitlement to Relief. The Association rnay commence legal action to recove
sums due, 'for damages, for injunctive relief or to foreclose a lien owned by �it, or an .
combinatiorl thereof,or an action for any other relief authorized by the Governing Documents o
available at',law or in equity, Legal relief may be sought by the Association against any Owner '
or by an O�wner against ihe Association or another Owner, to enforce compliance with th
Gaverning I�ocuments, the Rules and Regulations, the Act, or the decisions of the Association.
However,n�Owner may withhold any Assessments payable to the Association, or take (or amit
other action�in violation of the Governing Documents,the Rules and Regulations,or the Act, as
measure to $nforce such Owner's position,or for any other reason.
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13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
administrati e or legal, the Association shall have the right, but not the obligation, to implemen
any one or ore of the following actions against Owners and Occupants and/or their guests, wh
violate the rovisions of the Governing Docuinents,the Rutes and Regutations, or the Act: �
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13.2.1 Commence legal action for damages or equitable relief in any court o�' �
� cam etent jurisdiction.
13.22 Impose late charges, interest, or both, for each past due Assessment o
inst ]ment thereof, such interest to accnie beginning on the first day of the mont
follo ing the month for which the Assessment or instaliment was due. ' �
13.2.3 in the event flf default of more than thirty days in the payment of an
Ass ssment or installment thereof, all remaining insfallments of Assessments assesse
agai st the Unit owned by the defaulting Owner may be accelerated and shall then b
paya le in ful] if all delinquent Assessments or installments thereof, together with al
attor�eys' fees, costs of collection, and late charges, are not paid in full prior to th
effe tive date of the acceleration. Not less than ten days advance written notice of th
effe�tive date ofthe acceleration shatl be given to the defauiting�Owner. �
13.2.4 Impose reasonable fines, penalties, or charges for each violation o€th
Act, he Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the ri�hts of any Owner or Occupant and their guests to use an
Co on Element amenities; provided,that the suspension of use rights shall not apply t
Lim'ted Common Elements or those portions of the Common Elements providing utilitie
serv ce and access to the Unit. Such suspensions shall be timited to periods of default b
� such Owners and Occupants in their obligations under the Governing Documents,and fo
up t thirty days thereafter, for each violation. . � ,
13.2.6 Restore any portions of any Common Elements,Unit,or Limited Commo
Ele ents damaged or altered, ar allowed to be damaged or altered, by any Owner o �
4cc pant or their guests in vioiation of the Governing Documents, and to assess the cos
of s ch restoration against the responsible Owners and their Units. The Association shal
have an easement to carry out its authority under this Section 13.2.b.
I 13.2.7 Enter any Common Element, Unit, or Limited Common Elements i
whiah, or as to which, a violation or breach of t4�e Governing Documents exists whic �
matarialiy affects,or is likely to�naterially affect in the near future, the health or safety o
the qther Owners.or Occupants, or their guests, or the safety or soundness of any Unit o �
othe part of the Property or the property of the Owners or Occupants, and ta summaril
abat and remove, at the expense of the offending �wner or Occupant, any stn�cture,
thin , or condition in the Cotnmon Elements, Unit, or Limited Common Elements whic
is ca sing the violation; provided, that any improvements which are a part of a Unit ma
be altered or removed only pursuant to a court order or with the agreement of the Owner.
The Association shall have an easement to carry aut its authority under this Section
13.2 7.
132.� Foreclose any lien arising under the provisions of the Goveming�
Doc tnents or under law, in the manner provided by the Act.
13.3 Rights to HearinQ. In the case of irriposition of any of the remedies authorized b
Section 7.1 .7, 13.2.4, 13.2.5, 13_2.6, or 13.2.7, the Board shall, upon written request of the
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offending Ouvner, grant to the affending Owner a hearing as contemplated by the Act and.this '
Section 13.�. The hearing may be held before the 8oard or a committee of three or more
disinterestec�Owners appointed by the Board. The offending Owner shail be given notice of the
nature of the violation and the right to a hearing, and at least ten days within which to request
hearing. Th� hearing shall be scheduled by the Board/committee and held within thirty days o
receipt of thie hearing r�quest by the Board/cornmittee, and with ai least ten days prior written
notice to th� offending Owner_ If the ofiending Owner faits to request, or to appear at, the
hearing, the the right to a hearing shall be waived and the Board/committee may take such
action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. The
decisivn of t�e Board/committee and the rules for the conduct of hearings established by th
Board/comr�ittee, shall be final and binding on all parties. 1'he Board's/committee's de�ision
shall be deliirered in writing#o the offending Owner within ten days following.the hearing, if not
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delivered to�the offender at the hearing_ Any fines to be imposed by the Association may, at the
Board's/Corhmittee's discretion,be retroactive to the date of the violation or offense.
13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expenses,
penalties, ori interest imposed under this Section shall be a lien against the Unit of the Owner o
Occupant a�ainst whom the same are imposed and the personal obligation of such Owner in th
same mann�r and with the same priority and effect as Assessments under Section 6. The lie
shall attach �s of the date of imposition of the remedy, but shall not be final as to violations fo
which a heating is held until the Board makes a written decision at or following the hearing. All
' remedies sh�.11 be cumulative, and the exercise of,or failure to exercise, any remedy shall not be
deemed a w$iver of the Association's right to pursue any other remedy.
t3.5� Costs of Proceedin� and Attornevs' Fees_ With respect to any co!]c:ctia
measures, of any measures or actian, ]egal, administrative, or otherwise, which the Associatio
takes to en�'orce the provisions of the Act, the Governing Documents, or the Rules an
Regulations whether or not finally determined by a court or arbitrat�r, the Association�ma
assess the nit owned by the violator with any expenses incurred in eonnection with suc
enforcemen , inciuding without limitation fines or charges previously imposed by th ,
Association reasonable attorneys' fees, and interest (at the highest rate allowed by taw) on th
delinquent almounts owed to the Associatiom. Such expenses shall also include�ny collection o
contingency� fees or costs charged to the Association by a collection agency or other Perso
acting an belhalf of the Association in collecting any delinquent amounts owed to the Associatio
by an Own�r ar Occupant. Such collection or contingency fees or costs shall be the personal
obligation o{Fthe Owner and shall be a lien against the Owner's Unit.
13.6'�, Liabilitv for Aets of Owners and Occunants. An Owner shall be liable for th
expense of�ny maintenance, repair, or replace�nent of the Property rendered necessary by suc
� Owner's ac�s or omissions, and by that of Occupants or guests in the Owner's Unit, to the exten
that such expense is not covered by the proceeds of insurance carried by the Association or suc
Owner or {�ccupant. However, any insurance deductible amount and/or increase in insuranc
rates, resulting E'rom the Owner's acts or omissions may be assessed against the Owne
responsible Ifor the condition and against his or her Unit.
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13.7 Enforcement bv Owners. The provisions of this Section shail not limit or impai� •
the indepen ent rights of other Owners to enforce the provisions of the Governing Documents�
the Rules a d Regulations,and the Act,as pmvided therein. I
13.8 Liti�atiori. Notwithstanding anything contained herein to the contrary, th
. Association may not commence any judicial or administrative action on behalf of the Owne
- (other than a� actian commenced to enforce the Governing Documents or the Rules an
Regulatioris or ta defend the Association), without �rst obtaining the affirmative vote of th
Owners to hich are allocated at least sixty-seven percent of the votes in the Association, i
� person or b proxy, at a meeting called for such purpose in accordance with the Bylaws, or b
written ball t.
� SECTI4N 14
AMENDMENTS �
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14.1 Approval Requirements. Except for amendments by Declarant pursuant t
Section 16, his Declaration may be amended only by the approval o#:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent o
the t tal votes in the Association,except as otherwise provided by the Act;and i
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14_1_3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Uni
fina ce) as and if reqvired by Section l5.
14.2 Procedure�. Approval of the Owners may be obtained in writing ar at a meetin
of the Asso iatiqn duly held in accordance with the Bylaws. Consents of Eligible Mortgagee
and Declara t, if required, shall be in writing. Any amendment shall be subject to any greate
requirement� imposed by the Act. The amendment shall be effective when recorded as provided
in the Act_ �.n affidavit by the Secretary or the President of the Association as to the outcome o
the vote, or�the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for aIl purposes, including without iimitation;the recording of the amendment_
SECTION IS
RIGHTS OF ELIGIBLE MORTGACEES
Not ithstanding anything to the contrary in the Goveming Documents, but subject to the
Act or other taws, Eligible Mortgagees shall have the foltowing rights and protections: �
I S_1 Consent to Certain Amendments. Subject to Declarant's rights under Section t 5,
the written c nsent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject o first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) sh 11 be required for any amendment to the Governing Documents which changes any
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provision verning the following: {i) voting rights; (ii) increases in an annual Assessment f '
more than enty-five percent over the prior year's annual Assessment;(iii)Assessment liens, r
priority of ssessment liens; (iv) reductions in reserves for maintenance,repair and replaceme t
of Comm Elements; (v) responsibility for maintenance and repairs; {vi) reallocation f
interests in the Common Elements or Limited Cammon Etements, or rights to their use; (vi')
redefinition of any Unit boundaries; (viii) convertibility of UniEs into Cammon Elements or vic
versa; {ix) xpansion or contraction of the Property ar the addition, annexation or withdrawal
property to r from the Property;(x)hazard or fidelity insurance requirements; (xi) imposition o
material re trictions on the leasing of Units; (xii) imposition of any restrictions on an Owner'
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a hazar
damage or partial condemnatian) in a manner other than that specified in the Govemin
Documents (xiv) any actior► to terminate the legal status of the Condominium after substantia
destruction 'or condemnation occurs; or (xv) any provisions that expressly benefit Eligibl
Mort�agees or insurers or guarantQrs of mortgages.
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15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, th
written con ent of Eligible ]Vlortgagees representing at least sixty-seven percent of the Units tha
are subject to first mortgages held by Eligible Mortgagees {based upon one vote per Uni
financed} s all be required to (i) abandon or terminate the Condominium; {ii) change th
allocations f voting rights,Common Expense obligations or interests in the Common Elements
(iii) partiti n or subdivide a Unit except as permitted by statute; {iv) abandon, partition
subdivide, ncumber, or sel) any Common Elements; or {v) use hazard insurance proceeds fo
other than t e repair,replacement or reconstruction of the Property,except as otherwise provide
by law. ,
15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without th
prior writte approval of the Owner and Eligible Mortgagee thereof,and the Association.
15.4 No Ri�ht of First Refusal. The right of an Owner to sell, transfer, or otherwis
convey his r her Unit shall not be sub,yect to any right of first refusal or similar restrictions.
I 5.5, Prioritv of Lien. Any Person who comes into possession of a Unit by foreclosure
of the first knortgage on a Unit, ar by deed or assignment in lieu of foreclosure of the first
mortgage o a Unit, takes the Unit free of any clairns for unpaid Assessments or any other
charges or 1 ens imposed against the Unit by the Association which have accrued against such
Unit prior t the acquisition of possession of the Unit by said Person; (i) except as provided in
. � Section 6.9 nd the Act and {ii) except that any unreimbursed Assessments or charges may be
real�ocated ong all Units in accordance with their interests in the Common Elements. '
15.6 Prioritv of Taxes and Oiher Char�es. All taxes, assessrnents and charges which
may becom liens prior to the first mortgage under state law shall relate only to the individual
Units and no to the Property as a whole.
! I SJ Prioritv for Condemnation Awards. No provision of the Governing Documents
shal] give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the
Unit pursua to its mortgage in the case of a distribution to such Owner of insurance groceeds or
condemnatio awards for losses to or a taking of the Unit and/or the Common Elements. The
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Associatio shall give written notice to all Eligible Mortgagees of any condemnation or eminen : '
domain pr ceeding affecting the Property promptly upon receipt of notice from the condemnin
authority. ;
15_ Requirements for Management Agreements. The term of any agreement fo
. � professionall management of the Property shall not exceed two years. Any such agreement shal
provide for'I terminatian withaut penalty o; termination fee by either party as follows: (i) wi
cause, upo a minimum of thirty, and a maximum of forty-five, days prior written notice, and
(ii)without cause,upon a minimum of sixty days prior written notice. .
15. Access to Books and Records/Audit. Eligible Mortgagees, or an institutiona
insurer or g arantor of a mortgage loan against a Llnit, shall have the right to examine the book
and record� of the Association upon reasonable notice, during normal business hours, and to
receive fre of charge, upon written request, copies of the Association's annual reports and othe 1
financial st tements. Financial statements, including those which are audited, shall be availabl
within one undred eighty days after the end of the Association's fiscal year. FNMA, or any
Eligible M rtgagee, institutional gaarantor or insurer of a mortgage loan against a Unit, may
require that at iis own expense, an audit of the Association's financial statements be made for
the precedi g year, in which case the Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.1 Notice Requirements. Upon written request to the Association, identifying the
' name and ddress of the holder, insurer or'guarantor of a rnortgage on a Unit, and the Unit.
number or dress,the holder,insurer or guarantor shail be entitled to timely written notice of:
' I5.10.1 a condemnation loss or any casualty loss which�affects a material portion
of th Property or the Unit securing the mortgage;
� 15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by t e Owner of a Unit on which it holds a mortgage; �
1 S.]0.3 a lapse, cancellation or material modification of any insurance policy
mair�tained by the Association;and
15.10.4 a proposed action which requires the consent of a specified percentage of
, Eligi le Mortgagees. , .
SECT[ON 15 '
SPECIAL DECLARANT RICHTS
Decl rant hereby reserves exclusive and unconditional authority to exercise the following
special Decl rant rights within the meaning of Section S15B.1-103(32) of the Act for as long as
it owns a Un t,or for such shorter period as may be specifically indicated:
I b.1 , Complete i�nprovements. To complete each Building, Unit, and other
improvemen�s indicated on the Plat, or otherwise inclnded in Dec]aranYs developmenk plans or
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allowed b this Declaration, and to make improvements in the Units and Common Elements o '
accommod te the exercise of any special declarant rights.
lb. RiQhts to Relocate Boundaries, Subdivide. Convert or Combine Units. To {)
relocate th boundanes of any Unit owned by it, or (ii) create additional Units, Comm
Elements, nd Limited Common Elements, or any combination thereof, by the subdivisio ,
partition, c nversion, or combining of any Unit or Units owned by it, as authorized by the Ac .
The maxi um number of additionai Units that rnay be created within the Condominium pursua t
to this Se;,t on t6.2 is 5_
16. Sa(es Facilities. To construct, operate, and maintain one or more than one mod 1
Unit, and ther development, sales, and rental facilities within the Common Elements, an
within any,Units owned or leased by Declarant from time to time, located anywhere on th .
Property.
16. Si�ns. To erect and maintain signs and other sales displays offering the Units f
sale or leas ,within any Unit owned by Declarant and on the Common Elements.
16. Easements. To have and use easements, for Declarant, Declarant's employee ,
contractors representatives, and agents and prospective purchasers, through and over th
Common E ements for the purpose of exercising its special declarant rights. �
16. Control of Association: To control the operation and administration of th
Associatio , including without limitation the power to appoint and remove the members �f th
Board purs ant to Section S 15B3-103 of the Act, until the earliest of: {i) voluntary surrender o �
control by eclarant, (ii) an Association meeting which shal] be held within sixty days afte
conveyance to Owners other than Declarant of seventy-five percent of the total number of Unit
authorized o be included in the Property, or(iii) the date three years following the date of th
.first conve nce of a Unit to an Owner other than peclarant. Notwithstanding the foregoing, th
Owners oth r than Declarant shall have the right to nominate and elect not tess than thirty-thre �
and one-thi d percent of the directors at a meeting of the Owners which sha11 be held within sixt
days fallo 'sng the conveyance by Declarant of fifty percent of the total number of Unit I
authorized t be included in the Property. �
16.7 Consent to Certain Amendments. Declarant's written consent shall be require
for any ame dment to the Governing Documents or the Rules and Regulations which directly o
indirectly a ects Declarar�t's rights under the Governing Documents or the Act. '
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' SECTIUN 17
MISCELLANEOUS '
17.L . Severabilitv. lf any term, covenant, ar provision of this instrument or any exhibit
attached he eto is held to be invalid or unenforceable for any reason whatsoever, such
determinati n shall not be deemed to alter, affect, or impair in any manner whatsoever any other
portion of t 's Declaration or exhibits attached hereto. �
17.2 Construction. Where applicable, the masculine gender of any word used herein
shall mean he feminine or neutral gender, or vice versa, and the singu]ar of any word used
herein shall ean the plural, or vice versa. References to the Act, or any sections thereof, shall
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be deemed o include any statutes amending or replacing the Act, and the comparable section °
thereof.
. 17.3 Tender of Ciaims. In the event that any incident occurs which could reasonabl�
give rise to a demand by the Association against Declarant for indemnification pursuant to th
Act, the As�ociation shall promptly tender the defense of the action to its insurance carrier, a�
give Declar¢nt (i) written notice of such tender, (ii} written notice of the specific nature of th
action,and iii)an opportunity to defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Governing Documents o
the Act, all notices required to lie given by or to the Association, the Board, the Associatio
officers, or the Owners or Occupants sha13 be in writing and shall be effective upon han
delivery, o mailin� if properly addressed with postage prepaid and deposited in the Unite
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effectiv . .
upon receip by the Association.
17.5 C_onflicts Amon� Documents. In the event of any conflict among the provision �
of the Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall contro
anless it pe its the documents to control. As acnong this Declaration, the Bylaws, and an
Rules and gulations, this Declaration shall control. As between the Bylaws and any Rules an
Regulations; the Bylaws sha11 controL
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens
and charges contained in this Deciaration shall be perpetuat, subject only to termination a
provided in his Declaration and the Act.
IN iTNESS WHEREOF, the undersigned has execated this instrument the day a �
year first set,forth above.
O.C. D VEL
By
Its �e an er
� STATE OF MINNESOTA )
i } ss. •
COUNTY F oli►'t. )
The oregoing instrument was acknowledged befare me tris��day of �v ,, �
20 7 b A 1 A � '
0 , y o d . Zachman, the Chief Manager of O.C. Developrnent LLC, a Mmnesota
limited liabi ity company,on behalf of said limited liability company,
� \J �
No ublic
TH1S INST UMENT WAS DRAFTED BY:
Fredrick R. rietzman, Esq.
FELHABER LARSON, FENLON & VOGT,P.A.
220 South Si th, Suite 220Q
Minneapolis Minnesota 554a2 SCOTTLKRYNSKI . .
(612) 373-8 18 ISOTARYPUBUC-kUNNESOrA ,.;.
My W}ASiISS{ON�(PlAE5 JAN.31,201D �
MPLS-Word 95281.1 l 38
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' COMMON iNTEREST COi11MUN1TY NO. I578
Condominium
ST4NEBAY OF ORONO CONDOMINIUM
' E�CHIBIT A TO DECLARAT��N
, UNDERLYING LEGAL DESCRIPTION OF THE PROPERTY
Lot,l,Block 1, Stonebay Second Addition, Hennepin County,Minnesota. �
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MPLS-Word 9528 .f I 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 �
Condomenium
STONEBAY OF ORONO CONDOMINIUM
�EXHIBIT B TO DECLARA'I'ION �
SCH DULE OF UNITS,AND ALLOCATION QF COMMON EXPENSES AN�
UNDIVIDED INTERESTS IN THE COMMON ELEMENTS
Allocation oi Common Expenses and
Unit I entifier Undivided [nterests in the Common Elements
101 1/57
]02 1/57 .
03 1/57 �
Q4 1/57
TOS ]/57
1�6 ll57
107 1/57
108 1/57
109 1/57
110 1/57 �
11 I 1/57
112 1/57
113 � 1/57
. 114 1/57
115 1/57
1 I6 1/57
117 I/57
1�,18 1/57
1 1/57 �
2 1/57 ; .
3 1/57
� 4 1/57
?ps • 1/57
?p6 1/57
2 7 1l57
2 8 1/57
2 9 1/57
210 1/57
211 1/57
2j12 1/57
MPLS-Word 95� I.I I 40
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Allocation of Common Expenses and ��
Unit I entifier Undivided Interests in the Cammvn Elements i
213 I/57
�14 l/57
� 215 !/57 -
21b I/57
2l7 ' 1/57 (
228 1/57 � i
219 1/57 �
2�20 i/57 �
3I01 1/57
3IO2 U57 �
3103 1/57
3I04 U57
3b5 1/57
3 b l/57 i
3 7 1/57
3 8 1/57
3 9 � !/57 ;
3l0 . 1l57
312 1/57 �
312 1/57 I
313 I/57
3t4 1/57
� 315 1J57
316 ' 1/5?
317 � 1/57
31i 8 1/57
3t9 1/57 �
TOTAL: 57/57{100%)
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COMMON IN7'LREST COMMUNI'�.'Y NO.NO. ]578
Condominium -
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STONEBAY OI%ORONC�CONllOP�l.1V,IUM
CONSENT 13l' Mt�.R7`GAG�� �
The undersigned (the "Mortgagee") is a n�ortgagee of portions oT'the real property
described in the attacl�ed Declaration of Stonebay of�rono Condo��iinium (the "Declaratian").
Mortgagee ereby consents to this DeclaraCion; provided, that by consenting to the Dectaration,
(i) Mortgag e does.not in any manner constitute itselt'or obligate itselfas a Declarant as de6t�ed
in the Decla tion, (ii) such consent does not modify or �mend the tei-��;s and conditions of ihe
Mortgagee' mortgage and related loa�� documenls, and (iii) such �nortbage sl��ll rcmain as a lien
on the prope y described therein, prior to 1ny tiens imposed under the Declaratioii,untif released
or satisfied.
Ily, ITNESS WHERE F, the Mortgagee has caused this Consent to bc executed vn
the (,��._.. day of s� , 2007. .
14lAlNS7'RL+'�'!' }3ANK
/ . .
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�S;
STATE OF INNESOTA )
� ) ss. �
COUNTY O� ) �
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� The !foregoing instru,nent was acknowleciged before me this .l e� day of
M�02 , 2007, bY •+r �st..-• , the_�/�i�i�r' U i�P o F
Mainstreet B nk,a Minnesota bank corporation,on bchalf ofsaid entity. Pi+rr���
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=Natary Public .
TH]S INSTR MENT WAS DRAFTED Bl': �
Fredrick R. rictzman, Esq. '
FEL�-IABER, LA7ZSON, FENLON & VOG"I', P.A. SCOITLKRYNSKI
22� Soukl� Si tli, Suite 2200 NO7nRYP1�uC-IuANNESOiA
• , AiY CAMMISSION EXPlRES JAN.31,2410
Minneapolis, Minnesota 55402 �
(612)373-84 8 . �
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COMMON INTEREST COMMUNITY NO.N0. 1578 '
� Condominitirn ,
' STONEBAY OF ORONO CONDOMINIUM
, CONSENT BY MORTGAGEES �
The undersigned (ihe "Mortgagees") are mortgagees of portions of the real propert
described in the attached Declaration of Stonebay of 4rona Condominium (the "Declaration").
Mortgagees ereby consent to this Declaration; provided, that by consenting to the Declaration, .
(i) Mortgag es do not in any manner constitute themselves or obligate themselves as Declarants
as defined n the Declaration, (ii) such consent does not modify or amend the terms and
conditions f the Mortgagees' mortgage and related loan documents, and (iii) such mortgage
shall remai as a lien on the property described therein, prior to any liens imposed under the
Declaration,untit released or satisfted.
IN ITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on
the 7 t day of I����-c.s �" ,2007. �
, ��� ' .`—
, Dave 1
�, �
Ra dy Koch
STATE OF INNESOTA ) .
) ss.
COUNTY O O�� �� }
The forego ng instrument was acknowledged before rne this /7�'� day of
1�� w ,2007,by Dave Koch and Randy Koch,
�, •"•��, ROBERTK8U53 /�
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• �,y��� ��o Notary Public ry.y c o� �--��r' �~
-�.����cs ��;3 j/d. � u
THIS INSTRIUMENT WAS DR.AFTED BY:
Fredrick R. ietzinan,Esq.
FELHABER, LARSON, FENLON &VOGT, P.A.
220 South S's th, Suite 2200
Minneapolis,Minnesota 55402 ,
(612)373-84 8 ,
MPLS-1Vord 95281.11 43
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