HomeMy WebLinkAboutCondominium declaration I
`t }�'�� `• - I
�� '� 1 • '
� I .
� �
Doc No 907755012/20l2007 08:Q7 AM
Cer#ified filed and or recorded on above date:
', dffice of the County Recorder `
�I Hennepin County,Minnesota �
', Michael H. Cunniff, County Recorder
TranslD 36330i D puty 26
. . F es .
$ 5.50 QOC
$ 0.50 SUR
' $ 5.50 PLT
..�.,.�.
BS THB CIC PLAT FILED AS $ 0.50 SUR
p�RT OP '1'HIS DECLARATibN $ 02.00 TOtal
�
I �
� . .
i , i
I
,I •
i I
i .
�
i I
�
� �
II . ' � I
- 'I � ;
. _. I -- — ----
,S :1 •
. � -� '• \` � ' •
-1�--�*:��l�;����S l7iu�}
TAXPAYEA SERVICES .
TRAN�FER ENTERED �
I nEc i � z�o7
I H � ' Pi �N -
� � t �,
�
(Above Space Reserved for Recording Data)
COiVIMON INTEREST COMMUNITY NO. 1578
� Condominium ' �
, STONEBAY OF ORONO CONDOMINIUM
DECLARATION
I ;
' This Declaration is made in the county of '� , state of Minnesot , on this
�day of��L}'Gfrjvt S�" , 2007, by O.C. Developmem LC, a Minnesota timit� liability
company (the "Declarant"), pursuant to the provisions of Mim�esota Statutes Chapt r S l5$,
known as the Minnesota Common Interest Ownership Act (the "Act"), for the pu ose of
cre�ting Stonebay of Orono Condominium as a condominium under the Act.
� WHEREAS, Declarant is the owner of certain real�property located in Hennepin County,
Minnesota, legally descrihed in Exhibit A attached hereto, and Declarant desires to 5u mit said
real property and all irnprovements thereon (collectively the "Property") to the ct as a
condominium,and
WHEREAS, Declarant desires to establish� on the Property a plan for a p rmanent
residential community to be owned, occupied, and operated for the use, heaith, sa ty, and
weyfare of the Owners and Occupants, and for the purpose of preserving the value, the s ractural
. quality,and the original architectural character of the Property,and
WHEREAS, the Property(i) is not subject to a master association as defined in the Act;
(ii) is not subject to an ordinance referred to in Sectian SISB.I-106 of the Aci, g verning
conversions to common interest ownership; and{iii) does not include any shoreland as d fined in
Mi�►nesota Statutes Section i43F.205.
THEREFORE, Declarant subjects the Property to this Declaration under e name
"St'�nebay of Orono Condominium," consisting of the Units referred to in Section 2, eclaring
that this Declaration shall constitute covenants to run with the Property, and that the roperty
M PLS-Word 95281.1 I
� � G ry Titk,Inc.
, Btiz l G3
_ I �,2 C� �-( �
� ;
� Y . . .
I �
shall be owned, used,occupied, and conveyed subject to the covenants, restrictions, eas ments, •
char es, and liens set forth herein, all of which shalt be binding upon all Persons o ing or
acqu ring any right, title, or interest therein, and their heirs,personal representatives, suc essors,
and ssigns.
� SECTION I _
� DEFINITIONS
The following words when used in the Governing Documents shali have the foilowing m anings
(unless the context indicates otherwise):
1.1 "Act" means Minnesota Statutes Chapter S�15B, known as the Mi nesota
Common Interest Ownership Act,as amended.
1.2 "Assessments" means and refers to all assessments levied by the Ass ciation
pursuant to Section 6 and pursuant to the Act,including, but not limited to,annual
assessments,specia) assessments,and limited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Associa ion, a
', nonprofit corporation which has been created pursuant to Minnesota tatutes
� , Chapter 317A and Sectian 5(SB.3-101 of the Act, whose members consis of all
I Owners.
, . .
� I 1.4 "Board" means the Board of Directors of the Association as provided fo�.in the
I Bylaws. �
, 1.5 "Building" means each structure which is or becomes a part of the Prope and
which contains at leas#one Unit.
1.6 "Bylaws" means the Byiaws governing the operation of the Associati n, as
amended from time to time.
� I.7 "Citv"means the city of Orono,Minnesota.
1.8 "Common Elements" rneans all parts of the Property except the Units, inc uding
all improvements thereon.
19 "Common Expenses"means all erpenditures made or liabilities incurred b or on
behalf of the Association and incident to its operation, including Assessrne ts and
items otherwise identified as Common Expenses in the Governing Docume ts.
i� 1.10 "Condominium" means the condominium created by this Dectaration and own
i, as Stonebay of Orono Condominium.
� l.I 1 "Declarant Control Period"means.the time period during which Declarant as the
', exclusive right to appoint the members of the Board,as described in Section E 6.
MPLS-Word 95281.1 i 2
i �
. � ..,'
�
1.12 "Eli�ible Mortga�ee" means any Person which owns a first moRgage o a Unit ' �
and which has requested in writing that the Association notify it regard ng any �
proposed action which requires approval by a specified percentage of ligible
� Mortgagees.
1.13 "Gavernin� Documents" means this �eclaration, the Bylaws, and the A 'cles of
Incorporation of the Association, as those documents may.be amended fr m time
to time,all of which shall govern the use and operation of the Property.
I.l4 "Limited Common ElemenEs"means a portion of the Common Elements a located
by this Declaration or by operation of Section S 15B.2-1fl2(d) or(fl of the Act for
the exclusive use of one or more but fewer than all of the Units.
1.1 S "Member"means a Person who is a member of the Association by virtue f being �
an Owner as defined in this Declaration. The words"Owner"and"Memb r"may
be used interchangeably in the Governing Documents.
1.16 "Occunant" means a Person,other than an Owner, in possession of,or resi ing rn,
a Unit. ,
1.17 "Owner" means a Person who owns a Unit, but excluding a contract f r deed
vendors,a moRgagee, a holder of a remain8er interest or a reversionary int rest in
Ia life estate, and any other secured parties within the meaning of the Ac The
. term "Owner" includes, without limitarion, a contract for deed vendee, and a
holder of a life estate.
I.18 "Person"means a natural individual, a corporation, a limited liability com any, a
partnership, a trustee, or other legal entity capable of holding title to real pr perty. �
1.19 "Plat" means one or more than one recorded plat depicting the ProperEy p rsuant
to the requirements of Section S I SB.2-I 10(c) of the Act, and satisfyi g the
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as app icable, ,
inctuding any amended or supptemental Plat recorded from time to t me in
accordance with the Act.
120 "Propertv" means aIl of the real property subjected to this Declaration, no or in
the future, including all structures and improvements located thereon. The
Property is legally described in Exhibit A attached hereto.
121 "Rules and Reau3ations" means the Rules and Regulations of the Associa ion as
approved from time to time pursuant to Section 5.6. '
1.22 "Unit" means a part of the Property within a Building other than the C mmon
Elements, including one or more than one room or enclosed space design d and
intended for separate ownership and use, ali as described in Section 2 and hown
on the Pfat.
MPLS-Word 95281.11 3
, , .-------- -- —� -- --� ----
, ;
• I
� ,
The terrns used in the Governing Documents, and defined in the Act and not in this Sectio ,shall '
have the meaning set forth in the Act. References to section numbers in this Declarati n shall
refer�o sections of this Declaration,unless otherwise indicated.
. SECT�ON 2
I�I DESCRIPTION OF UNITS, BOUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to su divide
and convert Units pursuant to Section i 6. A11 Units are restricted exclusively to resident al use.
Each!Unit constitutes a separate parcel of real estate. No portion of a Unit shall be transf rred or
� otherwise conveyed apart from any other portions of a Unit. Subject to Deelarant' rights
pursuant to Section l b, no additional Units may be created by the subdivision or conver ion of
Units pursuant to Section S 15B.2-112 of the Aci. The Unit identifiers and locations of th Units
are a� shown on the Plat, which is incorporated herein by reference. A schedule of the nits is
set Forth in Exhibit B attached hereta
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior un nished
surfa�es of i#s perimeter wails, floors, and ceilings. Wallpaper, paneling, paint, ceiling exture,
- tiles, floor coverings, and other finishing materials adhered to the interior of the Unit bou daries
shall be a part of the Unit; provided, that any load bearing portions of any interior or pe 'meter
- walls� columns, ceilings, or floors, and any common utiIity lines, pipes, ductwork, mec anical,
electnc�al, or plumbing systems, or other common facilities serving more than one U it, but
Iocated in or passing through a Unit, shall be Common Elements. The boundaries of ea h Unit
� shall also extend atong the inside unfinished surfaces of the Unit's perimeter doors and wi dows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, s all be
deem�d to be Limited Common Elements appurtenant to such Unit. Subject to this Sect on and
Section 3, all spaces, interior partitions, and other fixtures and improvements wit in the
boundaries of a Unit are a part of the Unit.
�� 2.3 Apnurtenant Easements. The Units and the Common Elements.shail be su ject to
- and benefited by the easements described in Section 12. i
I SECTION 3 i
COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OT�iER PROPERTY
� 3.l Common Elements. The Common Elements, and their characteristics are as
- follows:
, 3.1.1 AII of the Pro.perty not included within the Units constitutes C mmon
I Eiements. The Common Elements include those parts of the Property design ted as
Common Elements in this Declaration,on the Plat,or in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easeme ts and
I restrictions as described in this Declaration and any other easements recorded aga st the
Common Elements; (ii) the rights of Owners and Occupants in Limited C mcnon
MPLS-1�Jord 95281.1 I 4
��- - -
� ,
' . * :.�-. I
� I e
Etem nts appurtenant to the�r respective Unats; and {i3t) the nght of the Assoc� tion to . i
i establish reasonable Rules and Regulations governing the use of the Property; i
' 3.l.3 Except as otherwise expressly provided in the Governing Docum nts, (i)
no improvement, modification, construction, or change of the C�mmon Elemen s shalf
take place by an Owner or Occupant without prior written authorization by the Bo rd and
'� (ii)all rriaintenance,repair,replacement,improvement,management, and operatio of the
Common Elements shalt be the respansibiliry of the Association;and
� 3.1.4 Common Expenses for the maintenance, repair, repla ement,
j management, and operation of the Common Elerrients shall be assessed and c llected
from the Owners in accordance with Section 6.
�
3.2 Limited Common Elements. The Limited Common Elements are those arts of !
the Cpmmon Elements reserved for the exclusive use of the Owners and Occapants of th Units
to which they are allocated, as described in this Declaration and the Act. The rights to he use
and enjoyment of the Limited Common Elements are automatically conveyed w th the .
conv�yance of such Un;ts. The Limited Common Elements are described and allocate to the
Unitsj as follows:
� 3.2.1 Those items or areas designated as Limited Common Elements on e Plat
or by the Act are allocated as indicated therein.
I' 3_2.2 lmprovements, if any, such as decks, patios, porches, balconies, s utters,
awnings, perimeter windows and doors, window screens, window boxes, slee es and
fittings surrounding window air conditioning units, chimneys, driveways, walks,
� doorsteps and stoops, constructed as part of the original construction to serve single
Unit or Units, and replacements and modifications thereof authorized pursuant to ection
7.1 Q, located whoily or partially autside the Unit boundaries,are allocated exclusively to
the Unit or Units which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
installations, bearing wa11s, bearing columns, or any other components or fixtur s Iying '
partially within and partialiy outside the houndaries of a Unit, and serving only th t Unit,
. � are allocated to the Unit which they serve. Any portion of such installations se ing or
' affecting the function of more than one Unit or any portion of the Common Eleme ts is a
part of the Common Elements,but is not a Limited Common Element. .
'I 3.2.4 Heating, ventilating, or air conditioning equipment serving one o more
than one Unit, and located wholly or partially outside the 5oundaries of one or m e than
one Unit, are Limited Common Elements allocated to each Unit served b such
equipment.
MPLS-�ord 9528i.!1 5
' ' -- ---
!t �tp�
• • .
SECTION 4 �
II ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a poRion of th votes ,
in th� Association, a.portion of the Common Expenses, and a portian af the undivided i teresis _
in tn�Common Elements,snall be governed by the following pro�isions:
4.l Membership. Each Owner shall be a Member solely by reason of awning a Unit, .
and the membership shall be transferred with the conveyance of the Owner's interest in t e Unit.
An Cjwner's membership shall terminate when the Qwner's ownership terminates. 'Whe more
than one Person is an Owner of a Unit,al! such Persons shall be members of the Association,but '
multipie ownership of a Unit shall not increase the voiing rights allocated to�such U it nor �
authqrize the division of the voting rights. '
4.2 Allocation of Votin Ri hts Common Ex enses and Undivided ln erests. �
Common Expense obligations and undivided interests in the Common Elements are al ocated ;
equally among the Units, subject to the Associat'ron's righi to tevy limited Assessment under i
Sectibns 6.4. Each Unit shall have one vote with respect to matters in which the Ow ers are
entided to vote.
. 4.3 Appurtenant Rights and Obli ations. The ownership of a Unit shall incl de the
. votin� rights and Cammon Expense obligations described in Section 4.2. Said r�g is and
. obligations, and the title to the Units, shall not be separated or conveyed separately, d any
conveyance, encumbrance, judicial sale or other transfer of any allocated in#erest in Unit,
separiate from the titie to the Unit shall be void_ The allocation of the rights and obli ations
desc�ibed in this Section may not be changed, except in accordance with the Go erning
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated to act a proxy ;
on b�half of the Owner,and who need not be an Owner, may cast the vate allocated to su h Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designateci pursuant to ihe provisions of the Bylaws may cast such vot . The
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 �
ADMINISTRATION
I I
The administration and operation of the Association and the Property, including, ut not
limited to, the acts required of the Association, shall he governed hy the fallowing provisi ns:
'i S.l General. The operation and administration of the Association and the P operty
shall'be govemed by the Governing Docurnents, the Rales and Regulations, and the Ac . The
Association shall, subject to the rights of the Owners set forth in the Goveming Docume ts and
the Act, be responsible for the operation, management, and control of the Property The
Asso�iation shall have al] powers described in the Governing Documents,the Act and the statute
- under which the Associatian is incorQorated. All power and authority of the Association hall be
MPLS-rVord 9528l.1 I S
I I
�
�a, �t: •
� � I � , • .
' vested in the Soard, unless action or approval by the individual Owners is specifically re uired -
by th� Goveming Documents or the Act. All references to the Association shall me n the
Assoc�iation acting through the Board,unless specificatly stated to the contrary. ;
5.2 Oaerational Purposes. The Association shall aperate and manage the Prope for
the purposes of{i) administering and enforcing the covenants, restrictions, easennents, ch rges,
and liens'set forth in t�e Goveming Documents and the Rules and Regulations, (ii)maint 'ning,
repairing, and replacing those portions of the Praperty and ather property for w�ic it is
respor�sible, and(iii) preservina the value, and the architectural uniformity and character, f the
Property_
5.3 Bindin� Effect of Actions. All agreements and determinations made y the
Association in accordance with the powers and voting rights established by the Gov rning
Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, ests,
heirs, personal representatives, successors, and assigns, and all secured parties as defined n the
Act. I
, ;
' S.4 Bvlaws_ The Association shall haae Bylaws. The Bylaws shall gove the
operation and administration of the Association, and shail be binding on all Owne and
Occugants.
5.5 Mana�ement. The Board rnay delegate to a manager or managing age t the
mana�ernent duties imposed upon the Association's offcers and directors by the Gov ing
Documents and the Act. However,such delegation shall not relieve the officers and direct rs of
the ultlimate responsibility for the performance of their duties as prescribed by the Gov ing
Docurr�ents and by law.
� 5.6 Rules and Regulations. The Board shall have exclusive authority to approv and
imple ent such reasonable Rules and Regulations as it deems necessary from trme to ti e for
the pu�pose of operating and administering the affairs of the Association and reguiating th use
of the'Property; provided, that the Rules and Re�ulations shall not be inconsistent wi the
Governing Documents or the Act. The inclusion in ather paRs of the Governing Docume ts of
authority to approve Rules and Regulations shall be deemed to be in furtherance, and ot in
limitation,of the authority granted by this Section. New or amended Rules and Regulations shall
be eff�ctive only after reasonable notice thereof has been given to the Owners.
I�5.7 Association Assets; Surqlus Funds. All funds and real or personal pro erty
acquir�d by the Association shatl be held and used for the bene�t of the Owners for the pu oses
' stated in the Goveming Documents. Surplus funds remaining after payment of or provisio for
Common Expenses and reserves shall be credited against future Assessments or add d to
reserves, as determined by the$oard.
i 5.8 Resale Disclosure Certificates. Pursuant to Section S 15B.4-107 of the Act, i the
event pf a resale of a Unit by an Owner other than Declarant, that Owner shall furnish t the
purchaser a resale disclosure certificate containing the information required by Section 51 B.4-
107(b} of the Act. Purs�ant to Section S15B.4-107(d) of the Act, the Association shail, ithin
ten days (or within such other relevant timeframe set forth in the Act) after a request b an
MPLS-Wc�rd 95281 J 1 7
I
' �
•�� [��
` _
Owner or the Owner's authorized representative, furnish the resale disclosure certificat . The _
Association may charge a reasonable fee for furnishing the resale disclosure certificate a d any
documents related theret�.
SECTION 6
ASSESSMENTS
6.1 General. Assessments shall be determined and assessed against the Units y the •
Board, in its discretion,subject to the requirements and�procedures set forth in this S�ctio b and
the Bylaws. Assessmenis shall include annuai Assessments under Section 6.2, and may i clude
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Ann al and
special Assessments shall be allocated among the Units in accordance with the all catian
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allac ted to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied y the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cove all of
the anticipated Common Expenses of the Association for that year which are to be shared e ually
. by all Units in accordance with the allocation set forth in Section 4.2_ Annual Assessment shall
be pa�able in equal monthly or quarterly installments, as determined by the Board. nnual
Assessments shall provide, among other things, for an adequate reserve fund for the repla ment
of those parts of the Common Elements and those parts of the Units for which the Associa ion is
responsible,except to the extent that the replacement is funded by limited Assessments p suant
to Section 6.4. Until the first annual� Assessment is levied, Declarant shal! pay all Co mon �
Expenses.
6.3 �ecial Assessrnents. In addition to annual Assessments, and subject o the • �
limitations set forth hereafter, the Soard may levy in any Assessment year a special Asse sment
against all Units in accordance with the allocation set forth in Section 4.2. Among other ings,
special Assessments shall be used for the putpose of defraying in whole or in part(i) the ost of
any unforeseen and unbudgeted Common Expense, (ii) general or specific reserv s for
maintenance, repair, or replacement of any part of the Propercy,and (iii) the maintenance, epair, , i
or replacement of any part of the Property,and any fixtures or other property related theret .
6.4 Limited Assessments. In addition to annual Assessments and s eciai
Assessments,the Board has the authority to(and, in certain instances set forth in this Secti n 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance wi h the
following requirements and procedures:
� 6.4.i Any Common Expense associated with the maintenance, repa r, or
replacement of a Limited Common Element shall be assessed exclusively agains each
Unit or Units to which ihat L�mited Common Element is assigned, equally or by th cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, t the
Board's discretian,be assessed exclusively against the Unit or Units benefited.
MPLS-Word 95261.I 1 8
�
�
–�---�--—-- .. i
� •�.s i . . . � � . .
I ' '
i I �
I
� ! .
I � . -
; 6.4.3 In addition to annaal Assessments and special Assessments,the Bo rd has -
the authority to (and, in certain instances set forth in this Section 6.4, shafl) Ie y and
' , allocate iimited Assessments among only certain Units in accordance with the fol owing
, requirements and procedures.
. 6.4.4 The costs af insurance may be assessed in proportion of the square ootage
� or actuat cost�er Unit.
� � .
I ' b.4.5 Reasonable attorneys' fees and other costs incurred by the Associ tion in
� ' connection wit}i (i) the callection of Assessments and (ii) the enforcement of the
' Governing Docurr�ents, the Act, or the Rules and Regulations, against an O er or
' Occupant or their tenants or guests, may be assessed against the Owner's Unit,
6.4.6 Late charges; fines, and interest may be assessed as prov' ed in
� Section 14.
, 6.4.7 Assessments levied under Section S15B.3-llb(a} of the Act t pay a
� judgment against the Association may be levied only against the Units existin at the
, Eime the judgment was entered, in proportion to their Common Expense liabilities
6.4.$ If any damage to the.Common Elements or another Unit is cause by the
� act or omission of any Owner or Occupant, or their'guests•or 'rnvitees, the Ass ciation
may assess the costs of repairing the damage, or any increase in insurance rates directly
� attributable to the Act or omission,exclusively against the Ow�er's Unit to the ex ent that
- i the damage is not covered by insurance. .I
' 6.4.9 If Common Expense liabilities are reallocated for any purpose au horized
by the Acf, Assessments and any installment thereof not yet due shall be recalc lated in
� accordance with the reallocated Common Expense liabilities
Asstssments levied under Sections 6.4.1 through 6.4.8 may, at the Board's discr ion, be
asse�sed as a part of,or in addition to,other Assessments levied under SeGtion 6.1 or 6.2: �
� 6.5 Workine CaUital-Fund. There shall be established a working capital fun to meet • �
unfqreseen expenditures or to purchase additionat equipment or services for the Ass ciation. � .
The Board may include in each subsequent annual budget a reasonable amount of working
capital, based upon the anticipated needs of the Association for the year in question. ere shall
be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of ch Unit
by �eclarant, an amount equal to four monthly installments of the estimated annual As essment
for the Unit in the year of the sale. The contribution shall be paid at the earlier of{i)th time of
closing of sale of the Unit or (ii)the time of termination of the Declarant Control Per' d. The
con2ributions to this fund are in addition to che regular installments of annual Assessm nts, and
sha�! not be a credit to the regular instaliments of annual Assessments levied ag inst the
res�ective Unit. T'he funds shall be deposited into a s�gregated Association account no ater than
the'termination of the Declarant Control Period. Funds deposited in said account sh 11 not be
used to defray any of Declarant's expenses, reserve contributions or construction cos s, nor to
make up any budget deficits during the Declarant Control Period. However, upon the losing of
thei initial sale of a Unit, Declarant may reimburse itself from funds collected from the urchaser
MP11S-Word 95281.1 l 9
I - �
.
'.. ...
at the�closing for any prior contributions made by Declarant to the working capita4 fun with -
respedt to that Unit.
' 6.6 Liabilitv of Owners for Assessments. Subject to Section 6.7, the obligatio of an
Ownea� to pay Assessments shall commence at the �ater of (i) the time at which the wner
_ acqui es title to the Unit or(ii) the due date of the first Assessment ievied against the Unit by the
Boar�. The Owner at the time an Assessment is payable with respect to the Unit s all be
perso�hally liable for the share of the Common Eapenses assessed against such Unit. Such
. liabili;ty shall be joint and several where there are mUltiple Owners of the Unit. The lia iliry is
absolute and unconditional. No Owner is exempt from liability for payrnent of Assessm nts by.
ri�ht bf set-off, by waiver of use or enjoyment of any part of the Property, by absence om or
abandonment of the Unit, by the waiver of any other rights, or by reason of any claim gainst
Declarant, the Association, or the Association's officers, directors, or agents, or far their failure
to ful�fill any duties under the Governing Documents or the Act. �
6.7 Declarant's Alternative Assessment Program. The following aite ative
Assessment program is established pursuant to Section S 15B,3-115(a)of the Act.
I b.7.1 Notwithstanding anything to the contrary in the Governing Docum nts, if
an Assessment has been,levied, Declarant may elect to have any unsold Unit own d by it
' assessed at the rate of twenty-fve percent of the Assessments (exclusive of repla ement
� reserves) levied on that Unit and other Units of the same type until a final certifcate of
occupancy or comparable City approval has been issued with respect to such Uni by the
� City,
I 6.7.2 The provisions of Section 6.7.1 sha11 not affect the share of repla ement
�' reserves for Units owned by Declarant, which reserves must be funded by Decl rant as
' required by Section S15B.3-1 E5 of the Act. However, there are no assuran es that
; Declarant's reduced Assessment obligations will not affect the level of services f r other
items set forth in the Association's budget.
, 6.7.3 Declarant's reduced assessment obligation shall apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, a shall
� terminate with respect to each such Unit upon the issuance of a final certifi ate of
� occupancy or comparable City approval for the Unit.
� 6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, within
sixty days following the termination of the Declarant Control Period, to make up any
operating deficit incurred by the Association during the Declarant Control Period.
b.8 Assessment Lien. The Assaciation has a lien an a Unit for any Assessme t levied
against that Unit from the time the Assessment becomes due. If an Assessment is pa able in
installrnents, the full amount of the Assessment is a lien from the time the first ins allment
ther�of becomes due. Fees, charges, late charges, fines, and interest charges impose by the
Assqciation pursuant to Section S15B.3-102(a)(10), (1 I), and (12} of the Act are liens, and are
enfo ceable as Assessments, under this Section 6. Recording of this Declaration co stitutes
reco�d notice and perfection of any lien under this Section 6, and no further recordatio of any
MPLS'rWord 95281.1 I 1�
�
, ,,
,.
. • �I .
notice of or claim for the Sien is required. The release of the lien shall not release the wner .
from personai liability unless agreed to in writing by the Association.
I 6.9 Foreclosure of Lien; Remedies. A lien for Assessments may be for closed
against a Unit under the taws of the state of Minnesota(i)by action,or(ii) by advertisem nt in a ,
like manner as a mortgage containing a power of sale. The Association, or its aut orized -
:�presentative, shal! have the power to bid in at the foreclosure sale and to acquire, hold lease, �
mort�a�e, and convey any Unit so acquired. The Owner and any other Person claim ng an
intere�t in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the
Assodiation a power of saIe and full authoriry to accomplish the forec�osure. The Asso iation
� shall,'in addition to its other remedies, have the right to pursue any other remedy at la or in
equity against the Owner who fails to pay any Assessment.or charge against the Unit.
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other lie s and
encur�brances on a Unit except(i) liens and encumbrances recorded before this Declarati n, {ii)
any f�rst mortgage on the Unit, and (iii) liens for real estate taxes and other gove ental �
Asses�rnents or charges against the Unit. Notwithstanding the foregoing, if(i) a first m rtgage
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recor ing of
, this Declaration, and{iii) the Owner of the Unit does not redeem from the foreclosure dur ng the
� Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 58 , then
! the holder of the sherifPs certificate of sale from the foreclosure of the first mortgage sh !l take �
titte �o the Unit subject to a lien in favor of the Association for unpaid Assessm nts or
instal�ments thereof levied pursuant to Sections SISB.3-115(a), {e)(1) to (3), (�, and (i) of the
Act which became due, without acceleration, during the six months irnmediately preced'ng the
first day following the er}d of the Owner's period of redemption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessmen s, and
other,charges and fees �which would normally be levied against the Common Eieme ts by
gove�mentaE authorities, shall be allocated equally among and levied against the Uni s, and
shall e a lien against each Unit in tlie same manner as a lien for real estate taxes and rea estate
special assessments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conv yance �
of a Unit the huyer shall not be personally liable for any unpaid Assessments and other arges
�
made,by the Association against the seller or the seller's Unit prior to the time of convey nce to
the b�yer, unless expressly assumed by the buyer. However, the lien of such Assessmen sha11
rema�n against the Unit until released. Any se]ler or buyer shall be entitled to a statem nt, in
recordable form, from the Association setting forth the amount of the unpaid Asses ments
against the Unit, including all Assessments payable in the Association's current fisca year,
which statement shali be binding on the Association, the seller,and the buyer.
', SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and ail secured parties, by their acceptance or assertio of an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addi ion to
MPLS-1�Jord 95281.11 1�
! �
i
I
-- --��-- —--- �.
:M, � • ' �I� . .
I .
I I
any other restrictions which may be imposed by the Act or the Governing Docume ts, the �
occu�ancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property sha}I be owned, conveyed, encumbered, leased, us d, and
� occu�ied subject te the Governing Documents and the Act, as amended from time to ti. e. All
covenants, restrictions, and obligations set forth in the Governing Documents are in furt erance
of a �lan for the Property, and sha[t run with the Property and be a burden and benefi to all
Owners and Occupants and to any other Person acquiring or owning an interest in the P pert.y,
their heirs,personal representatives,successors,and assigns.
! 7.2 Subdivision or Conversion Prohibited. Except for LJnits subdivided or co verted
by Declarant pursuant to Section 1b.2, a Unit may not be subdivided or converted by the�Owner
of th� Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof. Except as permitted by the Act, no part of the Common Elements ay be
subd�vided, partitioned, or converted without the prior written approval of all Owne� nd a!1
secuned parties holding first mortgages on the Units.
I 7.3 Residential Use. The Units shall be used by Owners and Occupants a d their
guestis exclusively as private, single family residential dwellings, and not for transient hotei,
commercial, business,or other non-residential purposes, except as provided in Section 7. . Any
leasel of a Unit (except for occupancy by guests with the consent of the Owner, and ex ept for
leasing af Units owed by Declarant) for a period of less than twelve months or any oc pancy
which includes services customarily furnished to hotel guests, shall be presumed to be for
transient purposes. . �
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
� kind,l whether carried on for profit or otherwise, shall be conducted, maintained, or pe itted in
any Unit or the Common Elements,except:
I 7.4.i An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit; provided, that such use (i) is incidental to the residential se;(ii) �
does nat involve physical alteration or improvement of the Unit visible from the xterior .
! of the Unit; (iii) is in compliance with all governmental laws, ordinanc s, and I
regulations; (iv) does not involve observable bnsiness activity such as signs, adv rtising
_ ! displays, unusua3 numbers of deliveries, or unusual levels of pedestrian or. v hicular
i tra�c to and from the Unit; {v) does not involve employees, independent contra tors, or
! consultants (other than the Owner or Occupant of the Unit); and (vi) does not ot erwise
involve activity which disturbs the quiet enjoyment of the Property by other 0 ners ar .
' Occupants.
7.4.2 Declarant may maintain offces,models,sales facilities,and other usiness
facilities on the Property in connection with the exercise of its special Declarant ri hts.
I 7.43 The Association may maintain offices on the Property for man gement
I and related purposes. .
MPLSlWord 9528l.I i 12
� j
,, � .
� i
7.5 Leasin . Leasing of Units shall be allowed (subject to reasonable regulat on by �
the A�Ssociation) but only in accordance with the following conditions: (i) no Unit ay be
subleased, (ii) a Unit must be leased in its entirety (not by room), (iii) the lease shall be in
writing,(iv) unless otherwise required in connection with the financing,guarantee,or insu 'ng of
a Unit mortgage, and except for leasing of Units own�d by Declarant, no lease shall b for a
period less than tweive m�nths, except fo;extenuaring situa#;ons, (v) the lease shall provi e that
it is subject to the Governing Documents, the Rules and Regulations, and the Act, and t at any
failurt of the lessee to comply with the terms of such documents shall be a clefault un er the
lease, and (vi) prior to occupancy of the Unit by the lessee(s), the Assaciation shall re eive a
copy bf the fully-signed lease along with a written list of the name and telephone number f each
Person who will occupy the Unit under the lease,and the absentee address of the leasing wner.
The �ssaciation may impose such reasonable Rules and ReguIations as may be neces ary to
impleRnent procedures for the leasing of Units, consistent with this Section and applicab e ]aw,
including but not limited to{i}a requirernent for a form addendum to be attached to each I ase to
assure that tt�e rights and authority of the Association and Owners and Occupants are reco ized, �
and (ii) a requirement for the screening of lessees through a reputable, professional sc ening
organ,ization; provided,that such screening shall not violate federal, state, or loca] discrim nation
laws.�
� 7.b_ Delegation of Use. An Owner's right of use and enjoyment of the Unit s all be
auto�atically delegated to other persons ]iving in the Unit pursuant to a legal right of poss ssion;
provit�ed, that such persons shall be subject to the Governing Documents and the Ru s and
Regulations. Unless otherwise authorized in writing by the Board, if persons other t an the �
Owner or the Owner's family (e.g., lessees) have been given the legal right to poss ss the
Own�r's Unit, then those persons shall have the right to use any recreational facilities, p king,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the wner
and t�e Owner's family.
� 7.7 Parkin . There are ninety-five Cornmon Element vehicle garag staEls �
(collectively the "Stalls," and individually a "Stall") in the lower 1eve1 of the•Buildin . The '
Stall� and other parking spaces on the Property shall be used only for parking of vehicles owned
or leased by Owners and Occupants, and such other incidental uses as may be autho 'zed in
writi�g by the Association. A Stall shall not be converted to other uses or used for sto ge or
other purposes which would prevent the parking of a mid-size automobile in the Stall, e cept as
auth�rized in writing by the Association. The use of the Stalls, other parking spac s, and �
driveways on the Property, and the types of vehicles and personal property permitted ereon,
shall be subject to regulation by the Association, including, but not limited tq the righ of the
Assaciation to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls. The Stalls shall be assigned to various Units; and the operati n and
trans�fer of the Stalls st►al! be administered, in accordance with this Section 7.8. The fo lowing
cond'itions and restrictions shall govern the assignment, use,and transfer of the Stalls.
� 7.8.E The initial assigmnent of a Stall to a Unit sha�l be made by the Ass iatian
as directed by Declarant at the time of the first conveyance of the Unit by D larant.
� Upon the closing of the initial sale of a Unit, the Associatian shall, as dire ted by
Declarant,assign to the Unit the exclusive right and license to use at least one Stai . Each
MPLS�Word 95281.1 I �3
L___.._ .. _ I I
•,, ' . .� i
; Stall assigned by the Association shall be deemed to be licensed and assigned y the .
; Association to the Unit to which it is assigned. After alt Units owned by Decla i have i
, been conveyed, any unassigned Stalls shall be deemed to be assigned to the Asso iation,
and may be reserved for guests of Owners and Occupants, for handicapped park ng, or
for rental or assignment by the Association to Owners or Occupants,as determined by the
' Board. The Association may, after Declarant�o longer owns any llnit, rent or a rwise
,' assign any unassigned Stalis to Owners or Occupants. .
� 7.8.2 The use rights with respect to each Stall shall be deemed to be li ensed
, exclusively to the Owner of the Unit to which the Stall is assigned. The Associati n sha13
maintain records identifying the Stalls, the Units to which they are assigned,the n mes of
the Owners of the Units, and the dates of assignment and any reassignments. A ritten
' certificate of garage stall assignment(the"Garage Certificate"}5ha11 be signed an dated �
' on behalf of the Association and made available for delivery on the date the Owner
acyuires title to the Unit to which the Stall is assigned. The Association s all not
, unilaterally reassign any Stall assi�ed to a Unit, except for handicappe Stall.
assignments which may be unilaterally transferred by the Association to accom odate
' legally handicapped persons.
,
7.8.3 A Statl shall remain with the Unit to which is it assigned unti] the�license
is transferred in accordance with this Section 7_8.3. Subject to Section 7.8.2, a Stall
, license may be transferred to another Unit, but only by first delivering to the Ass iation
(i) a written transfer certificate, in a form approved by the Association, signed by the
transferor and the transferee, and {ii) all prior Garage Certificates and copies thereof
, ! issued with respect to the Statl. The Association shall review the proposed ransfer
� ; certificate for compliance with this Section 7 and, if the transfer compl es, the
, Association shall transfer the license on its records to the Unit owned by the nsfered
, and issue a new Garage CertificaTe to the transferee. The [icense to use the St II shall
� remain with the Owner and the Unit to which it is assigned until the license is nsferee
� in accordance with this Section 7.8. In the absence of a properly executed assig ent to
' the contrary, the license to use a Stall assigned to a Unit at the time of th Unit's �
; conveyance shalI be automatically assigned with the conveyance of title to the Un t.
; 7.8.4 An Owner may rent or allow the use of the Stall assigned to his or er Unit j
, only to or by other Owners and Occupants_ The lease or other use right sh ll be in
� written form, and shall terminate when the lessor, lessee, or other user is no 1 nger an .
� Owner or Occupant, regardless of the terms of any agreement to the contra . The
Owner shall give the Association advance written notice of any lease or use a eerrcent
with respect to the Sta!! assigned to that Owner's Unit, and shall promptly provid a copy
, of the lease or use agreement to the Association. The Association may hold,rea sign the
, license for, or reni, a Stall assigned to it in the same manner as an Owner, exce for the
I � Stafls reserved for use by Owners.
I
� 7.8.5 The interest of a secured party holding a first lien or other secnri interest
' on a Unit shall incl�de the license to any Statl which is assigned to the Unit, nd said
' rights shall be included within the secured party's interest acquired in the e nt of a
� foreclosure of the lien or other security interest.
MPL�-Word 9528t.11 �4
— — —� �- — - — — - - • �
•� , ,
' 7.8.6 Any license, lease, rental, assignment, transfer, or purported tran fer of �
' any interest in a Stali in violation of this Section 7.8 shalt be void:
� 7.8.7 The use of the Stalis, and the size and types of cars and other mo orized
� vehicles which may be kept in a Stall, are subject to Rutes and Regulations as ap roved
" � from time to time by the Board. �
79 Starase Spaces. There are ninety Common Element storage spaces locate in the
lowet levei of the Building {collectively the "Siorage Spaces," and individually a " torage
�Spac�"). The assignment of the Storage Spaces, and the operation and iransfer of the torage
Spaces,shall be administered in accordance with ihis Section 7.9. The following conditi ns and
restri�tions shall govern the assignment,use,and transfer of the Storage Spaces.
• 7.9.1 The initial assignment of a Storage Space to a Unit shall be mad by the
� Association as directed by Deciarant at the time of the first conveyance of the�.Jnit by ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as irected
' by Declarant, assign to the Unit the exclusive right and license to use at least one torage
' Space. Each Storage Space assigned by the Association shall be deemed to be 1'censed
' and assigned by the Association to the Unit to which it is assigned. After all Unit owned
' by Declarant have been conveyed, any unassigned Storage Spaces shall be deem d to be
' assigned to the Association. The Association may, after Declarant no longer o ns any
' Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occup nts.
7.9.2 The�use rights with respect to each Stera�e Space shall be deem d to be
� licensed exclusively to the Owner of the Unit to whic� the Storage Space is a signed.
� The Association shall maintain records identifying the Storage Spaces, the Units t which
, they are assigned, the names of the Owners of the Units, and the dates of assign ent and
, any reassignmenCs. A written certificate of Storage Space assignment {the `Storage
, Certi6cate") shall be signed and dated on behalf of the Association and made vailable
, for delivery on the date the Owner acquires title to the Unit ta which the Storage pace is
, assigned; provided, that the Owner has been assigned a Storage Space. The As ociation i
� shall not unilateraliy reassign any Storage Space assigned to a Unit.
i
7.93 A Storage Space license shall remain with the Unit to which it is�ssigned
until the license is transferred in accordance with this Section 7.9.3. .Subject to Section
� 7.9.2, a Storage Space may be transferred to another Unit, but oniy by first deli ering to
� the Association (i) a written transfer cectificate, in a form approved by the Ass ciation,
signed by the transferor and transferee, and (ii) all prior Storage Certificates an copies
' thereof, issued with respect to the Storage Space. The Association shall re iew the ,
' proposed transfer far compliance with this Section 7.9 and, if the transfer com lies, the
' Association shall transfer the license on its records to the Unit owned by the t ansferee
' and issue a new Storage Certificate to the transferee. The license to use the Storage
' Space shall remain with the Owner and Unit to which it is transferred until the 'cense is
� transferred in accordance with this Section 7.9. In the absence of a properly xecuted
i assignment to the contrary, the license to use a Storage Space assigned to a U it at the
! time of the Unit's conveyance shall be automaticalty assigned with the conve ance of
� title to the Unit.
MPL'S-iVord 9528I.1 I 15
• � r y I � . . . .
7.9.4 An Owner may rent or allow the use of the Storage Space assigned o his -
i or her Unit only to or by other Owners and Occupants. The lease or ather use righ shall
be in written form, and shall terminate when the iessor, lessee, or other user is no 1 nger
, an Owner or Occupant, regardless of the terms of any agreement to the contrary. The
- Owner shall give the Association advance written notice of any lease or use agre ment
; tivith respect to the Storage Space assigned ta that t�wner's Unit, and shall pro ptly
provide a copy of the lease or use agreement to the A;sociation. The Associatio may
I hold, reassign the license foc, or rent, a Storage Space assigned to it in the same m nner
as an Owner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secUred party holding a first lien or other security in erest
,on a Unit shall include the license to any Storage Space which is assigned to the Uni ,and
said rights shall be included within the secured party's interest acquired in the even of a
I foreclosure of the lien or other security interest.
�, 7.9.6 Any license, lease, rental, assignment, transfer, or purported trans r of -
any interest in a Storage Space in violation of this Section 7.9 shall be void.
" 7.9.7 T'he use of the Storage Spaces, and the items that may be stored i the
�Stora�e Spaces, are subject to Rules and Regulations as approved from time to ti e by
the Board.
�7_10 Animals. The Board shall have the exclusive authoriry to regulate or prohib' , by �
' � the Ral�e and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers),cats, small birds,s all �
fish, an other animals generally recognized as domestic household pets (collectively referr d to
as"pet�')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 regula e or
�rohibit pets on the Property, including, but not limited to, the type, size, and numh r of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
�nconsistent with the Goveming Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, o as
statutorily authorized "service animals" by handicapped persons, and not for any ther
purpose. No animat of any kind shail be raised or bred, or kept far busines or
�ommercial purposes, by any Person upan any part of the Property.
� 7.10.3 Pets shall not be allowed to make an unreasonable amaunt of noise, r to
become a nuisance or a threat to the safety of Owners,Occupants,and their guests.
I 7.10.4 Pets shali be housed only within Units, and not within the Com on
�lements_ No structure, fence, or enclosure for the care, housing, or confinement of ny
pet shall be constructed or maintained on any part of the Common Elements or in ny
�iart of a Unit that affects or may affect another Unit or the Common Elements.
7.10.5 Pets shall be under control of an aduit individual at all times when out ide
of the Unit.
MPLS-Word,9528I.11 , �6
�I �
.^ . , I
; I
� 7.1 Q.6 Owners and Occupants keeping pets within their Units are responsi ]e for -
' ; the pet's behavior and for complying with municipal pet taws,, ordinance , and
� � regulations. An Owner is liable to the Association for the cost of repair of any da age to
� the Property,or the damages and expenses associated with any persona! injury,ca sed by �
• ' an animal (i) kept by that Owner on the Property, (ii) kept on the Property I by an . �
' ' Occupant of that Owner's Unit,or(iii)brought upon the Propecty by a guest or in itee of .
, that Owner or that Occupant. The owner of that animal {ii not that Owner)shall Iso be
, iiable for such costs,damages,and expenses.
7.i 0.7 The Board shall have authority to deterrnine in its sole and a solute
discretian whether a particular pet shall be permanently removed from the Propert based
' upon the pet's behavior or the failure of the pet's owner to comply with(i)this Se tion 7,
� (ii) applicable governmental restrictions, laws, or ordinances, or (iii) any ad itional
restrictions approved by the Board; provided, that such removal shall be sa 'ect to
Section 13.3.
� 7.14.8 Any fine, or costs for repair or,injury, imposed upon an Own r for a
failure to comply with any pet restrictions shall be an Assessment against the ner's
Unit.
� 7.11 Quiet Enioyment; Interference Prohibited. Subject to Section 7.16, all �Dwners
' and �ccupants and their guests shall have a right of quiet enjoyment in their respectiv Units,
subj$ct to the rights of other Owners and Occapants to reasonable use af their respecti e Units
and khe usua! and customary sounds generated thereby given the multi-family, apartm nt-style
strudture of the Building. Taking into consideration the nature of the Building structure, wners
and bccupants and their guests shall use and occupy the 1'roperty in such a manner as �vill not
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use a d quiet
enjoyrnent of the Property by other Owners and Occupants and their guests.
, 7.12 Comnliance with Law. No use shall be made of the Property which woul violate
any then existing municipal codes or ordinances, or state ar federal laws and regulati ns, nor
shall any act or use be permitted which could cause waste to the Property, cause a aterial i
incr�ase in insurance rates on the Property, or otherwise cause any nnusua} liability, t�ealth or j
safety risk,or expense,for the Association or any Owner or Occupant. I �
� 7.13 Alterations. Except for those made by Declarant in consideration of its in tial sale
of al Unit and except as otherwise provided in Section 8, no alterations (as defined in S ction 8)
shal�l be made, or caused or altowed to be made, irr any part of the Common Etements, r in any
part of the Unit which affects the Common Elements or another Unit, or which is visi le from
the 'exterior of the Unit, without the prior written authorization of the Board, or a c mmittee
appointed by it, as provided in Section 8. No Owner or Occupant shall (i) cause or pe it any
phy�ical changes to his or her Unit that could jeopardize or impair the weather-tight sou dness or
safaty of the Building, or any Building system, ar other improvement located on the Pro erty; or
(ii) nnterfere with any easement affecting the Property.
MP[.�5-Word 95231.11
l�
�
�
i I
,� . i
I 7.14 Time Shares Prohibited. The time share form of ownership, or any comp rable •
fonn of lease, occupancy rights, ownership, or right-to-use plans, which has the eff ct of
dividi�pg 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 immediat and
material threat to the Property or to the health br safety of the Owners or Occupants, all Units
and the Limited Elemenis are subject to entry, without notice and at any time, by an offi er or
member of the Board, by the Association's management agents, or by any pubfic fety
person�nei. Entry is also authorized for maintenance purposes under Sections 9 and 13, a d for
enforcement pnrposes under Section i4.
. � 7.16 Public Works Facilitv. The City's public works facility(the"Facility"}is 1 ated
directly to the west of the Property. The Facility is.used by the City for, amang other ihin s, the
storag�, rrFaintenance, and repair of trucks, plows, and other equipment owned and used y the
City. The Facility is operated by the City twenty-four hours a day, seven days a week. iven .
� the close proximity of the Facility to the Property, the Owners and Occupants and their i itees �
will b$subject to the sights,sounds, lights,and smells associated with the Facility.
7_17 StoraQe. Subject to the provisions of Section 7_9, personal groperty may ot be
stored� displayed, or otherwise left outside the Units, except as authorized by the Baar . All
portiot�s of the Common Elements used for access to and from the Units and to and fr the
lower level of the Building, may not be obstructed, or used for parking,storage,activities, r any
purpo$e other than access and authorized parking and storage. _ .
7.l 8 Prohibited Conduct. No Owner ar Occupant shall{i}cause or permit any p sical
• chang�s to their Unit or the Common Elements that could jeopardize or impair ihe weathe -tight
soundness or safety of the Building, any Building system, or other improvement located n the
Prope}�y; (ii) interfere with any easement; (iii) install or permit the installation of hard s rface
floor¢overings within their Unit withaut the prior written authorization of the Board, exc pt for
the replacement of floor coverings of the same type as originally installed in the U it by
Decla�ant; or (iv)cause or permit any physical changes to his or her Unit which could a ect or
damage the sound barriers or sound attenuation materials instafled on or within the ce lings,
floors,or walls of the Units without the prior written authorization of the Board.
� SECTION 8 �
; ARCHITECTURAL STANDARDS
8.1 Restrictions on Improvernents. One of the purposes of this Declaratio is to
ensur� that those parts of the Units which are visible from the exterior, as well as the L mited
Comrnon Elements, be kept architecturally attractive, and consistent in appearanc , and
structura}!y sound. Therefore, except as set forth in Section 8.5, the foilowing restrictio s and
requirements shall apply to alterations on the Property:
8.1_I Except as expressly provided in this Section 8, no rnodific tions,
improvements, repairs, or replacements of any type, whether temporary or pe nent,
structuraf, aesthetic, or otherwise (collectively referred to as "alterations,' and
MP�.s-wo�a 9szsi.�i I 8
I
�
;
-- -- i �
�1 � t
'individually a "alteration"), including, but not limited to, any structure, bui ding, '
�addition, deck,patio,fence,wall,enclosure, window,exterior door, antenna or othe type
of sending or receiving apparatus, sign, flag, display, decoration, color c ge,
�shrubbery,material topographical or landscaping change,ar any other exterior alte tions
'to or of a Unit or a Limited Common Element, shall he made, or caused or allowed to be .
,nade, by any Owner ar Qccvpant,or their invitees, in any part of the Common Ele ents,
ar in any part of the Unit which affects the Common Elements or another Unit, or hich
'is visible from the exterior of the Unit, unless and until the plans and specific tions
showing the nateire, kind, shape, height, colar, materiats, and ]ocations of the alte tions
shall have been approved in writing by the Board or a committee appointed by t. In
�addition, Declarant's written consent shall also be required for alterations until De arant
�no longer owns a Unit for initial sate.
8.1.2 The Board may appoint, supervise; and disesTablish an archit ctura]
' committee, and speci�cally delegate to it part or all of the functions which the oard .
exercises under this Section 8, in which case the references to the Board shall refer to the
architectural committee where appropriate. The architectural committee shall be s bject
to the supervision of the Board.
8.1.3 The Board shal] establish the criteria for approval of alterations, �vhich
sha11 (i) adequately protect the Property, the Association, and the Owners and Occ pants,
: � from liability and liens arising out of the proposed alterations or any construction a tivity
, in connection therewith, and (ii) comply with ail governmental taws, code , and
regulations. The criteria for approval of alterations shall include and requir , at a
' minimum:
I 8.1.3.1 suhstantial uniformiry of color, location, type, and des�gn in
' relation to existing structures and topography,
I 8.I.3.2 comparable or better quality of materials as used in e�Cisting
' improvements on the Property, � �
8_I.33 ease of maintenance and repair, ;
, 8.l.3.4 adequate protection of the Property, the Association, the wners,
, and the Occupants from liability and liens arising.out of the proposed altera ions,
8.1.3.5 substantial preservation of other Owners' sight lines, if teriai,
and
8.1.3.6 compliance with governmentat laws, codes, and regulations
� 8.1.4 The Board, or the appointed architectural committee if so author'zed by
the Board, in its so}e discretion, may impose standards for design, appeara ce, or
, construction which are greater or more stringent than standards prescribed by the
Governing Documents, or by building, zoning, or other governmental laws, c des, or
. ' regulations; provided, that such standards shall be consistent with the archi ectural
i character and use of the Property as planned and developed by Declarant. The B ard, or
MPLS-IVJord 95281.1 I 1(�
. • 4 I •
. ' • I 1
I I
I ' �
, the appointed architectural committee if so authorized by the Board, shall be th sole • •
judge of whether such criteria are satisfied, and its determination in this regard s ll be
binding upon the Owners, the Occupants, and any other Person holding or acqui ng an
' interest in the Unit. The purpose o#'the criteria established by the Board shall be (i) to ;
� preserve the architectura[ styEe and uniformity, the qualiry and value of the Prope ,and �
" ; (ii) to protect the Association and the Qwners from undue liability arising aui f the
ialterations or any construction activity in connection therewith.
8.i_5 Alterations may be made in compliance with Section S 15B.2-113 I f the ,
� Act, and relocation of the boundaries of the Units may be made in complianc�with
� Section S 15B.2-I 14 of the Act.
� 8.1.6 Approval of alterations that encroach minimally upon another Unii lor the �
' Common ETements or which essent�ally continue an existing encroachment created in the �
course of construction of the Building and Units,shall create an appurtenant easem nt for
, such encroachment in favor of the Unit with respect to which the alteratio s are
approved, notwithstanding any contrary requirement in the Governing Documents or the
� Act. A file of the resolutions approving all alterations shal{ be maintained permanently
ias a part of the Association's records.
; 8? Review Procedures. The following pracedures shall govern reques�s for
alterations under this Section 8: I
' 8.2.1 Detailed plans, specifications, and related information regardi Ig any
i proposed alteration, in form and content acceptable to the Board;.shall be submitte to the
, $oard (or the committee)and to Declarant(as long as Declarant is the owner of a nit) at
least sixty days prior to the projected commencement of construction. No alte tions
shall be commenced prior to approval. �
8.2.2 The Board(or the committee} and to Declarant(as long as Deciaran is the
� owner of a Unit) shall give the Owner written notice of approval or disapproval. If the
Board (or the committee) and ta Declarant (as long as Declarant is the owner of Unit)
� fails to approve or disapprove within sixty days after receipt of said pla s and
' specifications and all other information requested by the Board(or the committee}and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be dee ed to .
� , be granted; provided, that the alterations are done in accordance with the plans,
specifications,and related information which were submitted. I �
8.2.3 If no request for approval is submitied, a.pprova! shail be deeme to be
� denied.
8.3 Remedies for Vioiations. T'he Association may undertake any measures, egal or
admi}�istrative, to enforce compliance with this Section 8 and shall be entitled to recov r from
the Owner causing or permitting the violation all attomeys' fees and costs of enfo ement �
incur�-ed by the Association, whether or not a legal action is started. Such attorneys' f es and
costslshall be a lien against each of the Owner's Units and be a pe.sonal obligation of the wner.
ln adjdition, the Association shail have the right to enter the Owner's Unit and to restore ny part
M PLS-!Word 95281_I 1
20
, i
j I
•.� • 4 .
of the Building or that Unit to the prior condition if any alterations were made in violation of this •
Secti�n 8, and the cost of such restoration shalt be a personal obligation of the Owner an a lien
again�i each of the Owner's Units.
' 8.4 Owner Resnonsibility/Indemnity. An Owner who causes an alteratio to be
made; regardless of whether the alferation is approved by the Baard, shall be responsible or the
� construction work and any claiins, damages, losses, or Iiabilities arising out of the alt ration.
The �wner, and not the Association, is responsible far determining whether any alterati n is in
violation of any restriction imposed by any governmental authority having jurisdiction o er any
portion of the Property. The Owner sha11 hold harmless, indemnify,and defend the Asso iation,
and the Assaciation's officers, directors, committee members, and management agents, fr m and
against any expenses, claims, damages, losses, or other liabilities, including without li itation
attorneys' fees and costs of litigation, arising out of (i) any alteration which violat s any
governmental [aws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of the
specifications or standards for construction of the alteration, and (iii) the construction of the
alteration.
' 8.5 Exemptians. The requirements set forth in this Section 8 {except Secti n 8.4)
shall mot apply to the following: ,
', 8.5.1 Construction, reconstruction, or remodeling by Declarant in corutection
I with its sale of Units.
' I�i 8.5.2 The installation of the following antennas within a Unit or w thin a .
I Limited Common Element, as permitted by applicable law_ (i) one antenna one m ter or
� less in diameter .for the purpose of receiving direct broadcast/satellite service o video
programming services, or (ii) any antenna For receiving television broadcast s gnals.
However, the Board or a committee appointed by it, may require that the ante na be
installed sa as to minimize its visibility from the front of the Unit and ot rwise
camouflage its appearance, uniess such requirements would violate applicable la . The
Board shall have authority to impose further, reasonable related requirements co sistent
with law. The Owner or Occupant of the Unit shall perform and pay for the insta lation,
maintenarice, and repair of the installation. . j
i
8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 9
MAINTENANCE
I', 9.1 Maintenance bv Association. Subject to Section 92,the Association shall p'ovide
for al��l maintenance, repair, and reptacement (collectively referred to as "maintenan�e" or
"mai tain") of the Common Elements and the Limited Camrnon Elements, in accordanc with,
and s�bject ta,the following qualifications:
II 9.1.1 The cost of maintenance of a Limited Common Element required to be
' undertaken by the Association shal] be assessed against each Unit to which the L miied
' Common Element is allocated. The Association may assign to an Owner the obli ation
MPLS-�11ord 95281.1 I 21
I' for routine maintenance of a Limited Common Element allocated to the Owner's Unit. �
; However, if the Owner fails to adequately perform the maintenance, the Associatio may
enter the Limited Common Element and tt�e Unit, perform the maintenance, char e the
'Owner for the cost of the maintenance, and assess the Owner's Unit for such cost The�
'Association shall have an easement on, over, and through that Unit and the Li ited
� Common Element for purposes of perf�rming said maintenance. _
' 9.i.2 The Association shall be responsible for incidental damage cause to a.
Unit or its Limited Common Elements by work undertaken by the Association pu Isuant .
to this Section.
9.13 If damage to the Common Elements, the Limited Comrnon Elemenits, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, br by
'any condition in the Unit or Limited Common Elements which the Owner or Occ pant
�has caused or allowed to exist,then the Association may repair the damage or corre t the '
condition, charge the Owner for the cost of the maintenance, and assess the cost t reof �
�'against the responsible Owner's Unit, as may be assigned by the Association pursu nt to
. ithis Section 9.1_ The Association sha91 have an easement on, over,and through that Unit
and the Limited Common Elements for the parposes of performing said rep 'r or
correction.
9.1.4 Notwithstanding the assignment of any maintenance obligations t an
, Owner, the Association shall have authority to approve any maintenance which a ects
any part of the Property other than the Unit, which may impair any easement, or v�hich
�Iters the appearance of the Property as seen frorn outside the Unit: .
� 9.1.5 The Association also has the ob3igation to maintain the Common Ele ents
in accordance with that certain Declaration of Easements, Restrictions and Covenant for
�Stonebay recorded in the office of the County Recorder in and for Hennepin Co nty,
tvtinnesota, on July 29, 2004, as Document No. 8406752. Pursuant to that Declarafi n of
Easements, Restrictions and Covenants, the Association has the obligation to mai tain
�hase unpaved partions of Kelley Parkway lying within the Common Elements.
9_2 Optional Maintenance bv Association. In addition to the maintenance descr bed
in Sectipn 9.1 the Association may, with the approval of a majority of votes cast in person r by
proxy at a meeting called for such purposes, or by written baIlot, undertake to pro ide
mainten'snce to parts of the Units.
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 shall be funded by annual Assessments or, if necessary, sp cial
Assessrrients, untess otherwise provided in this Section 9_ Notwithstanding the foregoing, the
Associa�ion reserves the right to levy and allocate the cost of any maintenance performed u c3er
this SecCion 9 to one or more than one Unit, pursuant to Section 6.4.
��.4 Owner Responsibility. The Owner shall, at the Qwner's expense, be respons ble
for maintenance, repair, and replacement as follows: .
MPIS-Word I95231.l l 22
i
. �
' 9.4.1 To rziaintain a!1 portions of the Owner's Unit in good, clean, and sanitary •
I condition, and to maintain the Limited Common Elements allocated to the Owner'� Unit
�! to the extent assigned to the Owner under Section 9.1.1. The Association may requi e that �
I the Owners perform iheir maintenance obtigations in accordance with sta dards
', established by the Association.
9.4.2 To perforr,z the foregoing rr,aintenance obligations in such manner s not �
ta damage the Property, or unreasonably disturb or cause a hazard to other P rsons
_ occupying or using the Property. ,
The Association may, with the approval of the Members, undertak any
maintenance of a Unit which the responsible Owner faifs to or improperly perfo , and
� assess the Unit and the Owner for the cost thereof. No such approval shall be nec ssary
if the Association has the autharity under the Governing Documents to perfo such
maintenance. Such cost shall be a personal obligation of the Owner and a lien agai st the
Owner's Unit. Owners and Occupants shall promptly notify the Assoc'tation of def cts in
or damage to those parts of the Property which the Association is obligated to ma ntain.
The Board may require that the Owners perform their maintenance obligati ns in
accordance with standards established by the Association. 'I
', 9_S Waste of Common Utilities or Commonly Metered Utilities. An Ow�her or
Occu ant of a Unit shall not cause waste, or unreasonable usa, of common utilities or ❑tilities
that s rve the Unit but which are commonly metered. In the event the Association dete ines .
that s ch waste or unreasonable use is occurring, the Association shall have the authoriry t levy
again t the Unit (under Section 6.4, or otherwise),.and charge to that Owner; the costs, c rges,
and f es (whether billed by the utility provider, or otherwise) associated with that w te or
unreasonable use. Such costs, charges, and fees shall be calculated by the Association using
reasonable methods. Notwithstanding any provision to the contrary in this Declaratio , the
Association may repair or correct any condition (and enter upon any Unit and Limited Co on
Element to do so) causing the waste or unreasonable use. The cost of the repair or corr ction
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's disc etion,
be the persona! obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Chan�es to the Propertv. Except as permitted by this Decla ation, '
no Owner or Occupant shall, without prior written suthorization from the Board in acco ance
with Section 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, w ether
, temporary or permanent, to be made to a Unit or the Common Elements, if such c ange
' or alteration is visible from the exterior of his or her Unit.
�
�, 9.6.2 Cause or permit any physical changes to his or her Unit or the Cotnmon �
i Elements that could jeopardize or impair the weather-tight integrity, safety or sou �dness
�I of any part of the Property, any system or eqtaipment on or within the Property, r any
I�, other improvements located on the Property.
• ' 9.6.3 Irtterfere with or otherwise impair any easement.
MPLS-Word 95281.1 I 23
. � I
,., .
9.7 Dutv to Report Defects. Owners or Occupants shall promptly repart t the .
Associstion any defect or need for repair to those parts of the ProperEy which the Associat on is
obligated to maintain. �
9.8 Damaee Caused bv Owner. Notwithstanding any provision to the contrary i this
Decla tion, if, in the judgment of the'Association, the need for maintenance of any part c�f the �
Prope�y is caused by the willful or negligent a�t or omission of an flwner or Qccupant,the uest
vr invitee of an Owner or Occupant, or by a condition in or on the Property which the 4w er or
the Oc�upant has wil)fuliy or negligently al]owed to exist, the Assaciation may cause such
damage or condition to be repaired or corrected (and enter upon any Unit and Limited Co on
Element to do so). The cost of the repair or correctio� may be assessed against the Unit f the
Owner'responsible for the damage, and shall be a personal obiigation of the Owner and lien
against that Owner's Unit.
I SECTIOIV 10
� 1NSURANCE
i10.1 Required Coveraee. The Association shall ohtain and maintain, at a mini um,
one or more than one master policy of insurance in accordance with the insurance require ents
set forth in the Act and the additional requirements set forth herein issued by one or more than
one rep{�table insurance company authorized ta do husiness in the state of Minnesota,as foll ws:
� i 0.I.1 Property insurance in broad form covering all risks of physical loss an
�mount equal to one hundred percent�of the insurahle"replacement cost"of the Pro rty,
exclusive of (i}deductibles; and (ii) land, footings,excavation and other items no ally
�xcluded from coverage {but including all building service equipment and machin' ry). •
� The Association, at its sole discretion, may or may not insure the following it ms: �
¢eilin� and wall finishing materials, floor coverings, cabinetry, finished mill ork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improve ents
and betterments regardless of when installed, and any items referred to in Se tion '
$I SB3-113(b)(i) through (vii) of the Act, but must do so if required by the Fe eral '
National Mortgage Association ("FNMA"), the Federal Home Loan Mort age
�orporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secr tary �
of Veteran's Affairs {"VA"). The policy or policies shall cover personat property o ned
by the Association. The policy or policies shall aEso cantain "Inflation Guard" and
`lAgreed Amount" endorsements, if reasonably available. Such policy or policies hall
include such additionat endorsements, coverages and limits with respect to the foreg ing
ajnd other hazards as may be required from time to time by the regulations of the F A,
VA, FNMA or FHLMC as a precondition to their insuring, purchasing or financi g a
mortgage on a Unit. The Board may also, on behalf of the Association, enter into bin ing
Written agreements with a mortgagee, insurer or servicer, including without limitatio the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain speci �ed
c�verages or endorsements in effect.
10.1.2 Commercial general liability insurance coverin� the use, operatian, nd
r�aintenance of the Cominon Elements, with minimurn limits of one million dollars per
MPLS-WordI95281.11 24
I ;
.�� • y, �. � '
i
occurrence,against claims for death,bodily injury,property damage, and such othe risks '
jas are customarily covered by such policies for projects similar in constivction, lo ation
land use to the Property. The palicy shall contain a"severability of iriterest"endors ment
'which shal! preciude the insurer from denying the claim of an Owner or Occ pant
because of negligent acts of the Association or other Owners or Occupants. T'he olicy
shall include such additiana! endorsements, coverages and limits with respect to such
hazards as rnay be required by the regulations of the FHA, VA, FNMA,or FHLM as a
precondition to their insuring,purchasing,or financin�a mort�age on a Unit.
� �
'i • �
I 10.1.3 Fide]ity bond or insurance coverage against dishonest acts on the p rt of
� directors, officers, managers, trustees, emp}oyees, or persons responsible for ha dling
. funds belonging to or administered by the Association, if deemed to be advisable y the
Board or required by the regulations of any financing-related institution as a precon itian
to the purchase, insurinb, guarantee, or financing of a mortgage on a Unit. The fr elity
bond ar insurance shall name the Association as the named insured, and shall c mply
��with the regulations of the FNMA, FHLMC, FHA or VA, if required by one o such
'agencies as a precondition to the purchase, financing, insuring, or gvarantee of a
mortgage on a Unit. An appropriate endorsement to the policy to cover any person who
' serve without compensation shall be added if the policy would not otherwise over
volunteers, or a waiver af defense based upon the exclusion of persons serving w thout
compensation shall be added, ,
�� L0.1.4 Workers' Compensation insurance as applicable and required by law.
� l0.].5 Directors and officer liabiiity insurance with such reasonable limit and
coverages as the Board shall determine from time to time.
10.].6 Such other insurance as the Board may determine from.time to time to be
lin the best interests of the Association and the Owners.
]0.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_ , all
insurance premiums shall be assessed and paid as part of an annual Assessment If
improvements and betterments to the Units are covered by the Association's property insu nce,
any increased cost may be assessed against the Units affected. The Association may, in th case
of a cl�im for damage to one or more than one Unit,(i) pay the deductible amount as a Co on
i Expen�e, (ii) assess the deductible amount against one or more than one Unit affected i#► any
reason2�ble manner, or(iii) require the Owners of one or more than one Unit affected to p y the
deductible amount directly. The Association's decision as to who shall be charged with p ying
the deductible amount may, but need not, be based on fault. Notwithstanding anything the
contrary in this Section ]0, the Association may, in the case of claim against the Associa ian's
property insurance�,assess the deductible amount against all of the Units equally in the eve t that
the deductible amount is calculated by the insurance company based upon the percentage f the
value dr eost(replacement or otherwise)of one or more than one Unit or Building. '
10.3 Loss Pavee; Insurance Trustee. All insurance coverage maintained b the
Associatian shall be writien in the name of, and the proceeds theceof shall be payable t , the
Associ�tion (or a qualified insurance trustee selected by it) as trustee For the benefit f the
MPLS-W rd 95281.11 zs
�
i
I
I � /
, • I i �
I • �
Owneirs and secured parties which suffer loss. The Association,or any insurance trustee s,�I]ected -
by it,''shall have exclusive authority to negotiate, settle; and collect upon any claims o i losses �
under!any insurance�olicy maintained by the Assaciation. I !
, 10.4 Reauired Policv Provisions. All policies of property insurance carried by the
Association shall provide, if practicable;that: �
i 10.4.1 Each Owner and secured party is an insured Person under the poli ly with
� respect to liability arising out of the Owner's interest in the Cammon Elem�nts or
, membership m the Association. I
10.4.2 The insurer waives its right to subrogation under the policy agai�st any I
Owner or mernber of the Owner's household and againsi the Association and mem�bers of I
the Board.
, 1fl.4.3 The coverage shall not be voided by or conditioned upon (i) an act or
� omission of an Owner, unless acting within the scope o#' authority on behalf of the
Association, or {ii) any failure of the Association to comply with any warr ty or
condition regarding any portion of the Property over which the Association as no
' control.
I L0.4.4 If at the time of a loss under the policy Chere is other insurance in name
, of an.Owner covering the same property covered by the policy, the Association' policy
, is primary. �
' 10.5 Canceliation; Notice of Loss. Ail policies of property insuran e and
comprehensive liability insurance maintained by the Association shall provide that the licies
shall�not be canceled or substantially modified, for any reason, without at least thirty da prior
writt�en notice to the Association, the insureds; and to all secured parties holding first m rtgages
on Units.
� 1�.6 No Contribution. All policies of insurance maintained by the Association hall be ;
the�irimary insurance where there is other insurance in the name of the Qwner covering t e same ,
prop�eriy, and may not be brought into contribution with any insurance purchased by O ners or
their mortgagees. � ;
� 10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain ac�ditional
personal insurance coverage (common)y known as "gap covera�e"or an "H06"policy) �t his or
her bwn expense covering fire and other casualty to the interior of the Unit,the Owner's ersonal
properry and personal tiability, and covering insurance deductibles that may be levie by the
Association against the Unit. Insurance policies maintained by Owners are without con ibution
as against the insurance purchased by the Association, except as to deductible amounts r other
iterr�s not covered under the Association's policies. Upon request by the Association, a Owner
sha� immediately provide to the Association a copy of the certificate(s) of insurance overage
evi encing the insurance required by this Section 10.7.
MPE.$-Word 9528 L i t �6
�
�
.
. . , i
. . '�, . �
, - I
' SECTION l l �i �
RECONSTRUCTIO�'V,CONDEMNATION,AND EMINENT DOMAIN
I
, 11.1 Reconstruction. The obli ations and rocedures for the re air I
$ p p , reconstructi n, or
dispositiori cf the Property following damage or destruction thereof shall be governed by th Act.
Any repair or reconstruction shal] be commenced as soon as practicable after the casualt and
shalf be substantially in accordance with the pians, specifications, and design of the Prope y as
initially c�nstructed and subsequentiy improved. Notice of substantial damage or des ction ,
shall be given as provided in Section 15.10.
'1 1.2 Condemnation and Eminent Domain. In the event of a taking of any part f the
Property by condemnation or eminent domain, the provisions of the Act shall govern; prov�'ded,
{i) that�notice shall be given as provided in Section 15.10, (ii) that the Association shall the
attomey-in-fact to represent the Owners in any related proceedings, negotiations, settlemen s, or
agreem�nts, and {iii) that any awards or proceeds shall be payable to the Association fa the
benefit of the Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitl d to �
priority'for condemnatian awards in accordance with the priorities established by the Act anc�the i
Goveming Documents,as their interests may appear. �
, 11.3 T'ermination and Liquidation. "I'he termination of the Condominium, and the
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of nds
shall be based upon the value of the Units as determined by their retative value for prop rty
insuranc� purposes, and shail be made to Owners and their mortgage holders, as their inter sts
• may app�ar,as provided in the Act. .
11_4 Notice. The Association sha11 give written notice of any condemnat on
proceedings or substantial destruction of tfie Property to the .Etigibie MorEgagees entitled�to
notice under Section I 5.10. �
�i
11'.5 Association's Authority. ln all cases involving reconstruction, condemnati�n, '
eminent domain, termination or liquidation of the Condominiurn, the Association shall h ve
authority to act on behalf of the Owners in all proceeciings, negotiatipns, and settlement�of
claims. A�11 proceeds shall be payable to the Association to hold and distribute for the benefit�Iof
the Owners and their mortgage holders,as their interests may appear,in accordance with the A¢t.
SECTION l2 li
I �
' EASEMENTS I
The follawing appurtenant easements and rights are hereby granted,canveyed, dedicate�3,
and reserved on, over,under,and across the Property, as appficable.
12.1 Utilities, Services, and Oeeratin� Svstems. The Common Elements and the Unitl
shall be subject to and benefited by nonexclusive easements in favor of the City, the Associatio
and all utili�y companies and other service providers for the installation,use,maintenance,repai
and replacament of all utilities, services and common operating systems, such as natural gas
electricity, �able TV, security, telephone and other electronic communications, water, sewer
MPLS-Word 952�1.11 27
� '
I
�.. . i
r� ' I .
' �
septic systems, wells, and similar services, fire control systems and other common ope ting -
systems, and metering and contro! devices, which exist, which are constructed as part f the �
Properjty,which are approved by the City,which are approved by the Association under aut ority
contai�ed in the Governing Documents or the Act, or which are described or referred to n the
Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the O ers
and Oec�spants thereof, shall also be subje�t to and benefited by a non-exelusive easem nt in
favor bf the other Units, the Common Elements, and the Association for all such uti ities, �-'-
services, fire control systems, and other common operating systems. Utilities and r lated
services or systems shall be instatled, used, maintained, and repaired so as not to interfer with ,
the use and quiet enjoymeni of the Units by the Owners and Occupants, nor affect the stru tura]
. or archlitectural integrity of a Building,the Units,or the Common£lement improvements. � �
,
12.2 Encroachments. Each Unit and the Common Elements, and the rights f the . �
\
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor f the
adjoini�g Units for encroachments caused by the construction, reconstruction, repair, shi ting,
settlemient, or movement of any part of the Property, for improvements which are add d in -•
compliance with Section 7.13, and nonmacerial inaccuracies in survey. lf there s an
encroa�hment upon another Unit or t}�e Common Elements as a result of any o the
aforem�entioned causes,an easement shall exist for the encroachment, for the use,enjoymen, and
habitation of any encroaching Unit or improvements, and for .the maintenance th reof.
lmpravements ar alteratians added pursuant to Section 7.13 shall be limited to inor
� encroaChments, and no easemeni shall exist unless the proposed improvements or alter tions
have b�een approved and constructed as required by this Declaration, Sach easements �'shall �
continue for as long as the encroachment exists and shal] not affect the marketability of title.
12.3 Structural Suppon Easements_ Each Unit and the Common Elements sh 11 be
subjectl to and be the beneficiary of nonexclusive easements for structural support in all al[s,
� columris,joists, girders, and other structural components located in or passing through an ther
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 nonexctusive easement for a cess
to and from public roadways and walkways on and across those portions of the Co mon
Elements designated for use as driveways or walkways, as originally constructed, shown o the
Piat, or oiherwise designated by the Association, subject to any restrictions authorized b the
Govern6ng Documents or the Rules and Regulations. The right of access of ihe Owne and
Occupants, and their invitees, to and from the roadway to the west of the Property, com only
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Ac ess)
recorded in the office of the County Recorder in and for Hennepin County, Minnesot , as
Docum�nt No. D 75 . That Declaration of Easements also sets forth the obligation o the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cas ade
Lane over which that right of access is�ranted.
12.5 Insvection, Maintenance, Repair, Replacement and Reconstruction. Each nit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Li ited
Commqn Element, shall be subject to and benefited by the nonexclusive easements in fav r of
the As$ociatian, its agents, and Declarant for the maintenance, repair, replacement, and
reconst�}uction of the Common Elements, the Units, and other improvements located withi the
MPLS-Wo�952R L l I 28
�
I
1 �
� ti
I
Units, and the utilities serving the Units, to the extent necessary for the Association to fu fill its -
obligations under the Governing Documents or for Dectarant to investigate or undert ke its
warrar�ty obligations. Each Owner shall afford to the Association and its management gents
. and etnployees, access at reasonable times and upon reasonable notice, to and throu h the
Owner's Unit and its Limited Comrnon Elements for inspection, maintenance, repai , and
replacement; provided, that access to the Unit and its Lirnited Common Elements may e had �
wi#hout notice and at any tirne in case of emergency. '
' 12.6 Public Safetv and Health Access. 'F'here are nonexclusive easements in fa or of
the Ci,�ty and other applicable governmental authorities or agencies as shall from time t time
have jurisdiction over the Property, on and across drives, walkways, parking areas, and other
open space areas of the Property for reasonable access to perform such duties related o law
enforcement, fire pmtection, life safety, health, and sanitation as are reasonably require from
time tp time. Such easements shall include access through and into the affected Uni s and �
Limit�d Common Elements in the�ase of an emergency. �
� 12.7 Eme�encv Access. In case of emergency or perceived threat to public he lth or
safety, all Units and Limited Common Elements are subject to an easement in favor f the
Association for access, without natice and at any time, by an officer or member of the Bo d, by
the Assaciation's management agents,or by any public safety personnel. The Board may r quire
that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's cho ce, or
with the Association, and.to advise the Association's management agent or the Board i the
locatic�ns of the keys, so as to allow access for emergencies when the Qwner or Occu ant is
absenti from the Property for extended periods.
12:8 Recorded Easements. The Property shall be subject to such other easem ts as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefi 'ng or
burdeming the Property shall be construed in a manner consistent with; and not in conflic with, �
the ea�ements created by this Declaration. Such recorded easements include, but are not 1 mited
to, thaJt certain Declaration of Easements, Restrictions and Covenants for Stonebay recor ed in
the office of the County Recorder in and for Hennepin County, Minnesota, on July 29, 20 , as
Document No. 8406752. Pursuant to that Declaration of Easements, Restrictions and Cov ants,
the �ssociation has the obligation to maintain those unpaved portions of Kelley Parkway lying
within the Common Elements.
12.9 DrainaQe Easements. The Common Etements shall be subject to nonexc usive
easem�nts for storm water drainage in favor of Ehe Owners and Occupants for reasonable starm
water drainage, and other normal site drainage, over those parts of the Common Elements hich
may be designed, improved,or graded for such purposes. �
� i 2.10 Use and Enjovment Easements. There are nonexclusive easements in favor f the
Owne;ss and Occupants of the Units for use and enjoyment on and across the Common Ele ents,
and fdr exclusive use and enjoyment of any Limited Common Elements allocated to the Unit,
subjec� to any restrictions authorized by, or set forth in, the Governing Documents or the Rules
and Reguiations. .
MPLS- rd 95:$I.l l ' 2g -
I I
.,, .�.,
; 12.11 Declarant Ri hts and �asements. The Units and t e -
� h Common Elemen s are
subject to exclusive easements and rights in favor of Declarant for the exercise of its decIarant
rights as described in the Governing Documents, and for the periodic inspection of the Uni and
the Common Elements during any warranty periods and thereafter to review the condition f the i
Property and Building systems and to detennine whether Unit and Building mainte�ance .
requirements are being follQwed. �
12.12 Duration, Restrictions, and Use. The rights and easements granted or reserv d by
this Sedtion IZ shali be permanent, shall run with the land unless otherwise exgressly indic�ated,
and sha'll be subject to the following qualifications: I
12.12.I The easements shall supplement and not limit any easements desc 'bed
�Isewhere in this Declaration or any other recorded instrument. I
i2.12.2 The easements shall be subject to reasonable regulation byl� the
�lssociation and shall be subject to such reasonable limitations as�to location and r
o�ting
�s may be established by the Association or any govemmental auihority.
' t 2.12.3 The easernents shall include reasonable access over, under, and ac oss
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements 3ocated thereon.
� 12.12.4 No Person shall materially restrict or impair any easement benefitin or
bµrdening .the Property, or any e9uiprnent or improvements relating to the easem nt,
swbject to this Declaration and the right of the Association to impose reasonable R les
and Regulations governing the use of the Property.
12.12.5 No improvements shall be erected or maintained, no excavati n, .
grading or reshaping shali be undertaken, and no fill or oti�er material shall be placed in
an easement area, which may damage or interfere with the installation, use, or
m�intenance of such area, or which may change or irnpede the intended flow of w ter
through any drainage easement area.
12.12.5 Persons exercising easement rights shal] (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any dama e
to'the Property which they or their caused; (iii) promptly reimburse the Association �r
i ail�,costs incurred by it for repairing damage to an easement area caused by the Person r
tha Person's invitees; and (iv) haid harmless, indemnify, and defend the Associatialn,
ott�er Owners, and the officers and directors of the Association, from and against �1
c3aims, damages, losses, and other liabilities arising out of the exercise of the easeme t
rights.
12.12.7 Declarant's easement rights described in this Declaration sh Ill
terri3inate when Declarant no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declaratio
sha�] constitute a dedication of the easement area or the use thereof to the public, ii bein
the tintent of this Declaration that the Common Elements be and remain priyate prope
MPIS-Word 952�81 J 1 3Q
� �
. , . i
•�.. ,
. � � .
subject to operation and regulation by the Association, and that the Units be and r main '
'private property subject to operation and regulation by the respective Owners t reof
�,and/or the Association,as applicable,al1 in compliance with the Governing Docume�ts.
; '12.]3 Restriction on Third Partv Easement Grants. Except for Declarant in the exqrcise
of iis rights under this Declaration, and except for the Board in the exercise of authority gr nted
by the'Governing Documents, no Ferson shall create, grant, or convey any easeme�t or
compar�bie rights upon any portion of the Property without the prior written approvat o the
, Board;provided, that the Board shall authorize an Owner to grant an easement over the O er's
Unit if�i) the easement will not adversely affect the Common Elements ar another Unit an (ii)
the easement is consistent with the overall design and plan for the Property as establishe� by
Deciara�ht and approved by the City. � .
. � �
� �2.14 Continuation and Scope of Easements. Notwethstanding anything in this �
, Declara�ion to the contrary, no Owner or Occupant sha11 be denied reasonable access to h. or
her UniG or the right to utility services thereto. The easements set forth in this Section 12 hall
supplem�ent and not limit any easements described eisewhere in this Declaration or recarded,1and
shall in�lude reasonable access to the easement areas through the Units and the Com on
Element$ for purpases of maintenance, repair, replacement, and reconstruction. All ease ent
�ghts sNatl include a right of reasonable access to maintain, repair, and replace the utility 1 nes
and related equipment. �
. SECTION 13 II
' COMPLIANCE AND�REMEDIES
�
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Property,', shall be governed by and comply with the provisions of the Act, the Govern ng
Documents,and the Ruies and Regulations, and such amendments thereto as may be made fr m �
time to �ime, and the decisions of the Association_ A failure to comply shall entitle he �
Associatian to the relief set forth in this Section, in addition to the rights and remedies authori ed
elsewher� by the Goveming Documents and the Act.
13.1 Entitlement to Relief. The Association may commence legal action to reco�er
sums du�, for damages, for injunctive relief or to foreclose a lien owned by �it, or a y
cornbinatipn thereof,or an action for any other relief authorized by the Governing Documents or
available�t law or in equity, Legal relief may be sought by the Association against any Own r, '
or by an '4wner against the Association or another Owner, to enforce compliance with t e
Governing Documents, the Rules and Regulations, the Act, or the decisions of the Associati .
However,'no Owner may withhold any Assessments payable to the Association, or take(or om t)
other actio�n in violation of the Governing Documents,the Rules and Regulations,or the Act, as a
measure ta enforce such Owner's position,or f�r any other reason.
13.� Remedies. In addition to any other remedies or sanctions, expressed or implie ,
administrative or legal, the Association shall have the right, but not the obligation, to impleme t
any one or more of the following actions against Owners and Occupants and/or their guests,w
violate the provisions of the Governing Docuinents,the Rutes and Regutations,or the Act: �
� MPLS-Word 95281.11 3 1 �
', .
I i�
, 13.2.1 Commence legal action for damages or equitable relief in any co R of �
� I campetent jurisdiction.
� 13.2.2 lmpose late charges, interest, or both, for each past due Assessm nt or
installment thereof, such interest to accrue beginning on the first day of the onih
�following the rnonth for which the Assessment or instaltment was due. �
I i 3.2.3 in the event of default oi more than thirty days in the payment o any
Assessment or installment thereof, all remaining insfallments of Assessments ass ssed
'against the Unit owned by the defaulting Owner may be accelerated and shall th n be
'payabte in full if all delinquent Assessments or instal)ments thereof, together wi h all
�attorneys' fees, costs of collection, and late charges, are not paid in full prior t the
�effective date of the acceleration. Not less than ten days advance written notice f the
�effective date of the acceleration sha{1 be given to the defaulting Owner.
' 13.2.4 [mpose reasonable fines, penalties, or charges for each violation o�the
Act,the Goveming Documents,or the Rules and Regulations. I
' 13.2.5 Suspend the rights of any Owner or Occupant and their guests to us any
Common Etement amenities; provided,that the suspension of use rights shall not app y to
Limited Common Elements or those portions of the Common Elements providing u[i ities
�ervice and access to the Uni#. Such svspensions shall be limited to periods of defau t by
; Such Owners and Occupants in their obligations under the Governing Documents,an for
� up to thirty days thereafter, for each violation_ ,
, 13.2.6 Restore any portions of any Common E(ements, Unit,or Limited Co on
�lements damaged or altered, or allowed to be damaged or altered, by any Own or �
Occupant ar their guests in violation of the Governing Documents, and to assess the ost
af such restoration against the responsible Owners and their Units. The Association hall
have an easement to carry out its authority under this Section 13.2.b.
13.2.7 Enter any Common Element, Unit, or Limited Common Elements in
�rhich, or as to which, a violation or breach of the Governing Documents exists w ich �
rr�aterialiy affects,or is likely to tnaterially affect in the near future, the health or safet of
tHe other Owners,or Occupants, or their guests, or the safety or soundness of any Uni or �
other part of the Property or the property of the Owners or Occupants, and to summa �ly
abate and remove, at the expense of the offending Owner or Occupant, any stntct re,
thing, or condition in the Common Elements, Unit, or Limited Common Elements w �ch
is,causing the violation; provided, that any impravements which are a part of a Unit ay
be altered or removed only pursuant to a court order or with the agreement of the Ow er.
The Association sha11 have an easement to carry out its authority under this Sect on
13.2.7. I
I 13.2.8 Foreciose any lien azising under the provisions of the Govern ng
Dpcu�nents �r under law, in the manner provided by the Act.
1�3 Ri�hts to HearinQ. In the case of imposition of any of the remedies authorized y
Section 7h 10.7, 13.2.4, t3.2.5, 13.2.6, or 13.2.7, the Board shall, upon written requesi of t e
. I
MPLS-Word 9�231.1 I 32 I
' .
,, .
, • •
offend%ng Owner, grant to the offending Owner a hearing as contemplated by the Act an�i �this •
Sectio�p 13.3. The hearing may be held before the Soard or a committee of three or imore
disinte�ested Owners appointed by the Board. The offending Owner shall be given notice f the
nature pf ihe violation and the right to a hearing, and at least ten days within which to req est a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty d ys ot'
� re�eipt'of the hearing r�quest by the Board/comm?ttee, and with at least ten days pFior ritten
notice to the offending Owner_ lf the afiending Owner faiis to request, or to appear , the
hearing, then 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 •7'he
decision of the Board/committee and the rules for the conduct of hearings established y the
Board/committee, shall be final and binding on al! parties. T7ie Board's/committee's de ision
shall be delivered in writing to the offending Owner within ten days following.the hearing, if not
delivered to the offender at the hearing. Any fines to be imposed by the Association may, t the �
Board's/Committee's discretion,be retroactive to the date of the violation or offense.
13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, exp nses,
penalties,or interest imposed under this Section shall be a lien against the Unit of the Ow er or
Occup�nt against whom the same are imposed and the personal obiigation of such Owner n the
same rhanner and with the same priority and effect as Assessments under Section 6. Th lien
shall attach as of the date of imposition of the remedy, but shall not be finai as to violatio s for
which�hearing is held until the Board makes a written decision at or following the hearin . All
' remediles shall be cumulative, and the exercise of, or failure to exercise, any remedy shall r�ot be
deeme�i a waiver of the Association's right to pursue any other remedy. � �
II 13.5 Costs of Proceedin� and _Attornevs' Fees. With respect to any coll ction
measudes, or any measures or actian, 1ega1, administrative, or otherwise, which the Assoc ation
takes to enforce the provisions of the Act, the Governing Documents, or the Rule and
� Regulations, whether or not finally determined by a court or arbitrator, the Ass�ciatio may
assess the Unit owned by the violator with any expenses incurred in connection with such
enforcement, including without limitation fines or charges previously imposed b the
Association, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) n the
delinquent amounts owed to the Association•. Such expenses shall also include�ny collect'on or
contingency fees or costs charged to the Association by a collection agency or other P rson
acting an behalf of the Association in collecting any delinquent amounts owed to the Assoc ation
by an Owner or Occupant. Such collection or contingency fees or costs shall be the pe onaI
obligacion of the Owner and shall be a lien against the Owner's Unit.
, 13.6 Liability for Acts of Owners and Occupants. An Owner shall be liable f r the
expensie of any maintenance, repair, or replacement of the Property rendered necessary b such
� Owner"s acts or omissions,and by that of Occupants or guests in the Owner's Unit,to the xtent
that su�h expense is nat covered by the proceeds of insurance carried by the Association on such
Owner, or Occupant. However, any insurance deductible amount andlor increase in insulrance
rates, �esulting from the Owner's acts or omissions may be assessed against the wner
responSible for the condition and against his or her Unit.
MPLS-Word 95281.11 33
I w• • � � I
� • • i
1 �
. ,� ' ' . . i . .
13.7 Enforcement bv Owners. The provisions of this Section shall not limit or 'mpair •
the independent rights of other Owners to enforce the provisions of the Governing Dacuknents,
the Rules and Regula#ions,and the Act,as provided therein. �
' 13.8 Liti�ation. Notwithstanding anything contained herein to the contra I , the
Asso¢iation may not commence any judicial or administrative action on behalf of the wners
(othe� than an actian commenced to enforce the Goveming Doce�ments or the Rul s and
Regulatioris, or to defe�d the Association), without first obtaining th� affirmative vote of the
Own�rs to which are allocated at least sixty-severr percen� af the votes in the Associa 'on, in
person or by praxy, at a meeting called for such purpose in accordance with the Bylaws or by
writt�n ballot.
� SECTIUN 14
AMENDMENTS I �
� I
� 14.1 Approval Requirements. Except for amendments by Declarant purs ant to
Section 16, this Declaration may be amended only by the approvai of �
' 14.1.1 The Board;and i
14.1.2 The Owners of Units to which are allocated at least sixty-seven pe cent of
� the total votes in the Association,except as otherwise provided by the Act; and
' I 14_1.3 Declarant as to certain amendments as provided in Section 16;and i
14.1.4 The percentage af Eligible Mortgagees (based upon one vote p�er Unit
finance)as and if required by Section 15. I
� 14.2 Procedures. Approval of the Owners may be obtained in writing or at a �neeting
of tlie Association duly held in accordance with the Bylaws. Consents of Eligible Mo�tgagees
and 'Declarant, if required, shall be in writing. Any amendment shall be subject to any greater
requhrements imposed by the Act. The amendrnent shail be effective when recorded.as provided
in th'�e Act_ An affidavit by the Secretary or the President of the Association as to the out�ome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate e'vidence
ther�of lor a!I purposes, including without limitation;the recording of the amendment_ I
� SECTION 15 i
RIGHTS OF ELIGIBLE M�RTGACEES i
I Notwithstanding anything to the contrary in the Governing Documents, but subjeCt to the
Act�or other laws, Eligible Mortgagees shall have the fallowing rights and protections: I
� I 5.l Consent to Certain Amendments. Subject to Declarant's rights under Se tion t 5,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the nits that
are �subject to first mortgages held by Eligible Mortgagees (based upon one vote er Unit
financed) shall be reguired for any amendment to the Governing Documents which cha ges any
MPI..i-Word 95281.1 I 34
I I
i
't ..
� " • •
rovi I ion overnin the followin : i votin ri �
p S g g gO g ghts; (») mcreases in an annual Assess ent of
more�than twenty-five percent over the prior year's annual Assessment;(iii}Assessment 1 ens,or
priority of Assessment liens; (iv) reductions in reserves for maintenance, repair and repla ement
of Cpmmon Elements; (v) responsibility for maintenance and repairs; (vi) realloca ion of
interests in the Common Elements or Limited Common Elements, or rights to their us ; (vii)
redefnition of any Unit boundaries; (viii) convertibility of Units into Cammon Elements r vice
versa� (ix) expansion or contraction of the Property or the addition, annexation ar withdr wai of
property to or frorn the Property;(x)hazard or fidelity insurance requirements; (xi) impos�tian of
material restrictions on the.leasing of Units; (xii) imposition of any restrictions on an wner's
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property(after a hazard
dama�e or partial condemnation) in a rnanner other than that specified in the Go erc�ing
Documents; (xiv) any action to terminate the lega] status of the Condominium after sub tantial
destruction or condemnation occurs; ar (xv) any provisions that expressly benefit ligible
Mort�agees,or insurers or guarant�rs of mortgages.
�
15.2 Consent to Certain Actions. Subject to Declarant's rights under Secti n, the
writt�n consent of Eligible Mortgagees representing at leasT sixty-seven percent of the U its.that
are spbject to first mortgages held by Eligible Mortgagees {hased upon one vote p r Unit
finan�ed) shall be required to (i) abandon or terminate the Condaminium; (ii} cha ge the
allocations of voting rights,Common Expense obligations or interests in the Common El ments;
(iii) p�artition or subdivide a Unit except as permitted by statute; {iv) abandon, p rtition,
subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proce ds for
other than the repair,replacement or reconstruction of the Property,except as otherwise p ovided
by]a�pv.
,, 15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided with ut the
prior�vc-itten approval of the Owner and Eligible Mortgagee thereof,and the Association.
I 15.4 No Ri�ht of First Refusal. The right of an Owner to sell, transfer, or o erwise
convey his or her Unit shall not be sub}ect to any right of first refusal or similar restriction .
� 15.5 Prioritv of Lien. Any Person who comes into possession of a Unit by fore losure
of thc first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of t e first
mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or an other
charges or liens imposed against the Unit by the Association which have accrued again t such
Unit �rior to the acquisition of possession of the Unit by said Person; (i) except as pra ided in
. Sect�on 6.9 and the Act and (ii) except that any unreimbursed Assessments or charges ay be
reallocated among all Units in accordance with their interests in the Common Elements. '
I 15.b Prioritv of T'axes and Other Charees. Alt taxes, assessments and charge which
may �ecome liens prior to the first mortgage under state law sha11 relate only to the in ividual
Units and not to the Property as a whole.
I 15.7 Prioritv for Condemnation Awards. No provision of the Governing Doc ments
shatl �ive an Owner, or any ather party, priority over any rights of the Eligible Mortgage of the
Unit�ursuant to its mortgage in the case of a distribution to such Owner of insurance proc eds or
cond mnation awards for losses to or a taking of the Unit and/or the Common Element . The
MPLS-Word 95281_I! 3 5
,. • .
' • � , .
. �
Assoaiation shall give written notice to all Eiigible Mortgagees of any condemnation or e inent : '
doma�n proceeding affecting the Property promptly upon receipt af notice from the conde ning
authority.
� 15.8 � Requirements for Manaeement AQreements. The term of any agreeme t for
_ � professional management of the Property shall not exceed two years. Any such agreernen shall
provic�e far terminatian with�ut penalty cr termination fee by either parry as iollows: (i with
cause, upon a minimum of thirty, and a maxamum of forty-five, days prior written notic , and,
. (ii)without cause,upon a minimum of sixty days priar written notice. .
, 15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an insti tional
insur�r or guarantor of a mortgage loan against a Unit, shali have the right to examine the books
and records of the Association upon reasonable notice, during norma! business hours, �nd to
recei�e free of charge,upon written request, copies of the Association's annual reports anc� other I
finan¢ial staternents. Financial statements, including those which are audited, shall be av�ilable
withir� one hundred eighty days after the end of the Association's fiscal year. FNMA, r any
. Eligit�le Mortgagee, institutional guarantor or insurer of a mortgage loan against a Uni , may
require that, ai iis own expense, an audit of the Association's financial statements be m e for
the preceding year, in which case the Association shall cooperate in having an audit mad and a .
copy given to the requesting party.
15.10 Notice Requirements. Upon written request to the Association, identifyi g the
' name and address of the holder, insurer or'guarantor of a mortgage on a Unit, and th� Unit
numbler or address,the holder,insurer or�uarantor shall he entitled to timely written notic�of:
, [5,i 0.I a condemnation loss or any casaalty]oss which affects a material dortion
of the Property or the Unit securing the mortgage; I
' 15.10.2 a sixty day delinquency in the payment of Assessments or chargedI owed
� by the Owner of a Unit on which it holds a mortgage; i
15.10.3 a lapse, cancellation or material modification of any insurance I olicy
' maintained by the Association;and �
, 15.10..4 a proposed action which requires the consent of a specified percen�age of
, Eligible Mortgagees. .
' SECT[ON Ib
, SPECIAL DECLARANT RICHTS
' Declarant hereby reserves exclusive and unconditional authority to exercise the fol owing
special Declarant rights within the meaning of Section S15B.1-103(32) of the Act for as Ipng as
it owns a Unit,or for such shorter period as may be specifically indicated:
I
�' I b.l Complete �rnnrovements. To complete each Building, Unit, and other
imprbvements indicated on the Plat, or otherwise inclnded in Declarant's development p ans or
MPL$-Word 95281.1 I 3b
i . . . �
. � .
� ; - . ,
;
_ ,
allowed by this Declaration, and to make improvements in the Units and Common Ele ents to `
accoxnmodate the exercise of any special declarant rights.
' 16.2 RiQhts to Relocate Boundaries, Subdivide, Convert or Combine Units. I To {i)
reloGate the boundanes of any Unit owned by it, or (ii) create additional llnits, C mmon
Elements, and Limited�Common Elements, or any combination thereof, by the sub 'vision,
partition, conversion, or combining of any Unit or Unifs owned by it, as authorized by e Act.
The maximum number of additional Units that may be created within the Cendominium�ursuant
to th�s Section 16.2 is 5. I
i b.3 Sales Facilities. To construct, operate, and maintain one or more than on� model
Unit� and other development, sales, and rental facilities within the Common Elemet�ts, and
with�n any Units owned or leased by Dectarant from time to time, ]ocated anywherel on the .
Praperty.
I
16.4 Siens. To erect and maintain signs and other sales displays offering the i�Jnits for
sale;or lease,within any Unit_owned by Declarant and on the Common Elements.
96.5 Easements. To have and use easements, for Declarant, Declarant's em loyees,
con�ractors, representatives, and agents and prospective purchasers, through and ver the
Cor�rnon Elements for the purpose of exercising its special declarant rights. �
' 16.6 Control of Association. To control the operation and administratia of the
Asspciation, including without limitation the power to appoint and remove the membe s of the
� Baalyd pursuant#o Section S 15B.3-103 of the Act, until the ear(iest of: (i) voluntary su ender of
con�rol by Declarant, (ii) an Association meeting which shal] be held within sixty d ys aFter
conveyance to Owners other than Declarant of seventy-five percent of the total number of Units
autliorized to be included in the Property, or {iii) the date three years following the d e of the
.firsi conveyance of a Unit to.an Owner other than Declarant. Notwithstanding the foreg ing, the
Ow�ners other than Declarant shall have the right to nominate and elect not less than th rty-three �
an�one-third percent of the directors at a meeting of the Owners which shall be held wi in sixty
days fallowing the conveyance by Declarant of fifty percent of the total number bf Units i
aut�orized to be included in the Property.
16J Consent to Certain Amendments. Declarant's written consent sha11 be I required
for any amendment to the Governing Documents or the Rules and Regulations which d�rectly or
ind�irectly affects Declarant's rights under the Governing Documents or the Act.
�
� SECTION l7
' MISCELLANEOUS
� 17.1 . Severab�'litv. lf any term, covenant, ar provision of this instrument or a y exhibit
att�ched hereta is held to be invalid or unenforceable for any reason whatsoe er, such
determination shall not be deemed to alter, affect, or impair in any manner whatsoever ny other
po;-tion of this Declaration or exhibits attached hereta �
17.2 Construction. Where applicable, the masculine gender of any word u ed herein
sh�ll mean the feminine or neutral gender, or vice versa, and the singular of any ord used
he}-ein shal] mean the plural, or vice versa. References to the Act, or any sections the eof, shall
MAiS-Word 9528]_I 1 3 7
.: •,• ' �
` y � '
I -� I
�
be deemed to include any statntes amending or replacing the Act, and the comparable se tions "
thereo$:
. i 17.3 Tender of Claims. In the event that any incident occurs which could reas nab�y
give rise to_a demand by the Association against Declarant for indemn�ficatian pursuant o the
. Act, t}ie Association shall promptly tender the defense of the action to its insurance carri , and
�ive IJleciarant (i) written notice of such tender, (ii} written natice of the specific nature f the
action,and(iii)an opportunity to defend against the action.
' 17.4 Notices. Unless specifically provided otherwise in the Governing Docum nts or �
the Act, all notices required to be given by or to the Association, the Baard, the Asso iation
officers, or the Owners or Occupants shal3 be in writing and shall be effective upon hand
delive�y, or mailing if properly addressed with postage prepaid and deposited in the nited
States mail; excepi that registrations pursuant to Section 2.2 of the Bylaws shall be e ctive
upon r�ceipt by the Association.
]7.5 Conflicts Among Documents. In the event of any conflict among the pro isions �
of the I Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall c ntrol
unless it permits the docurrients to control. As ainong this Declaration, the Bylaws, a d any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rul s and
Regul�tions, the Bylaws shall contro3. -
17.b Duration of Covenants_ The covenants, conditions, restrictions, easements, liens,
and c}�arges contained in this Deciaration shall be perpetual, subject only to terminat on as
provided in this Declaration and the Act.
� IN WITNESS WHEREOF, the undersigned has execnted this.instrurnent the d y a �
year first set forth above.
I O.C. D VEL
' By
Its �e an er �
STAT�OF MINNESOTA )
) ss. •
COUNTY OF o1i+�t. } .
T'he foregoing instrument was acknowledged before me tris��day of �� i
2007, iby Arnold A. Zachman, the Chief Manager oF O.C. Developrnent LLC, a M� esota
limited liabiiity company,on behalf of said limited liability company.
I `
�
� No ublic
TH1S INSTRUMENT WAS DRAFTED BY:
FredriFk R. Krietzman, Esq.
FELH;ABER, LARSON, FENLON &VOGT,P.A.
220 Sputh Sixth, Suite 2200
Minn�apolis,Minnesota 554Q2 SCQTTLKRYNSKI . .
(612) 373-8418 isoT�wrPtlBUC-�1larESOTA ,.;.
MV OafAAUSSION IX�E3 JApI.31�2Dt �
MPLS-Word 95281.1 l 3 8
�
II
I i
I i
.i._ .• ri �� � . .
w • ,
COMMON INTEREST COi�IMUNITY NO. ]578 `
Condominium
,' STONEBAY OF ORONO CONDOMINIUM I
E�CI-iIBIT A TQ DECLARATION
� UNDERLY �
i ING LEGAL DESCRIPTION OF THE PROPERTY I
Lot l,Block 1, Stonebay Second Addition, Hennepin County,Minnesota. �
I
j
' �
� I
I
MP�.s-wo�a 9s�8►.�i 39
l+ �s
.� ..v.,, I I o
, COMMON INTEREST COMMUNITY NO.NO. 1578 ' �
I Condomeniurn
' STONEBAY OF ORONO CONDOMINIUM
- EXNIBIT B TO DECGARA'l'ION �
�CHEDULE OF UNITS,AND ALLQCATION OF COMMON EXPENSES AN�
I UNDIVIDED INTERESTS IN THE COMMON ELEMENTS
Allocation of Cornmon Expenses and
Unit Identifier Undivided [nterests in the Common Elements
i
I 101 1/57
� 102 1/57 .
103 1/57 �
104 1/57
105 1/57
106 ]/57
107 1/57 '
�', 108 1/57 ;
109 1/57
i�a lis�
i�� iis�
1�2 i�s� .
� 113 1/57 i
. I 114 1/57
' 115 1/57
I1b 1/57
117 U57
118 �/t7
' 201 1/57 i
I 202 1/57
203 1/57
�04 1/57
2d5 • 1/57
?�6 1/57
207 1157 �
, 208 1/57 �
' 209 1/57
210 1l57
211 1/57
2I2 1/57
MPLS-Wlbrd 95281_I I 40
"' '` I .
, ' •
I � . I
Allocation of Common Expenses and '�
U it Identifier Undivided Interests in the Common Elements ' i
213 1/57
. ?14 l/57�
- �� 215 1/57
' 21b IJ57
217 ' 1/57 I
218 1/57 �
�, 219 1/57 �� �
220 1/57 �
301 . 1/57
, 302 1/57
�! 343 1/57
304 1/57
305 1/57
i 306 l/57 I i
' 307 1/57 �
308 1/57
309 l/57
'I 310 - 1/57 '
' 31 t 1/57
312 1/57
313 1/57
�' 3 t 4 1/57 �
315 l/57
3l6 ' 1/57
i 317 � ]/57
3I8 1/57
319 l/57 �
TOTAL: 57/5�(100%}
�
MPLS-Wbrd 95281.I i 41
l
�:, y :t,.. � j
. . . , . ,
' • I . •
� rn
COMMON INTLRES'T CO�VIAIUNI'!Y NO.NO. 1578 a
' Condi�miniune { .
� STONEI3AY O1%ORONf)CONll01►�l.IVIUM . �
' CONSEN'f Bl' MQ.R'1'CAu�E �
Tl�e undersigned (fhe "Mortgagee") is a n�ortgag�c of porkions or'the real pr I perty
descr'ibed in the attached Declaration of Stonebay of Orono Condo���iniwn (the "Declara 'on").
Mortgagee hereby consents to this Declaration; provided, thac by consenting to the Decla ation,
(i) Mprtgagee does.not in any manner constitute itseii�or obligate itselfas a Declarant as d fiiied
_ in tha Declaration, (ii) such consent does not modit'y or amend the tenns and conditi�ns of the
Mortgagee's mortgage and related foail documen��, and (iii) such mortbagc shalf rcmain as a lien
on tht properiy described lherein, prior to 1ny liens imposed under the Declaratio��,ttntif re eased
or saq�isfied.
[ly,(�WtTNESS WHERE F, the Mortgagee has caused this Conseni to bc execuled on
the (��--�- day of S� , 2007. .
� MA1NS7'RLk,'I' 13ANK
' B .
ES:
STATE OE MiNNESOTA ) � j
' - ) ss. � � .
COWNTY OF���� ) � �
� � The foregoing instru�nent was ack.nowleciged before me this .t e� ay of
�n�ioQr� ?.�d7� by /4�)!�t•✓�71rlsL» �, t}1C � �/� l//� Of
Mainstreet Bank,1 Minnesota ba n k c o r p o r a t j o n,o n b c h a l f o f s a i d e n t i l y. n r'r i•
� '
=Notary Pub]ic .
TH1S 1NSTRUMFNT WAS DRAFTED F3Y: �
Freqiricic R. Krictzman, Esq. �
FEI�i-iABER, LA`fZSON, FENLON &VOGi', P.A. SGOTTLKRYNSIq j
220��South Sixth, Suite 2200 NOTARYPI�IJC—MINNESQTA I
. NY COMMISSION EJN�iES JAW.31,2q10
Mi�►i�eapolis, Mit�nesota 55402 ' I ,
(61�)373-8415 �
• _
M etTs-wo��vsix i.i c 42 . .
i
'- -._ I .. '------.. ...- --- -..__ . . . . . _ I -----�
1�' �'" '
4 � � ..
I •
� COMMON INTEREST COMMUNITY NO.NO. 1578 `
� Condaminium I ,
' ; STONEBAY OF ORONO COND�M]NIUM
� ; CONSENT BY MORTGAGEES
The undersigned (the "Mortgagees") are mortgagees of pot#ions of the real pr�perty .
described in the attached Declaration of Stonebay of Qrono Condominium (the "Declaration"). .
Mortgagees hereby consent to this Declaration; provided, that by consenting to the Decla#-ation,
(i) Mcjrtgagees do not in any manner constitute themselves or obligate themselves as Dec�arants
as defined in the Declaration, (ii) such consent does not modify or amend the tem�s and
conditions of the Mortgagees' mortgage and related loan documents, and {iii) such m gage
shall remain as a lien on the property described therein, prior to any liens imposed unc�er the
Declaration,until released or satisfied.
I IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on
the � � f day of I���-ks �" ,20U7_ �
, � �—� .�
, ; Dave
, �.,�'!
; Ra dy Koch i
STA�'E OF MINNESOTA ) !
) ss.
COWNTY OF 0�� �`�- )
Ttie foregoing instrument was acknowledged before me this /��"� ay of
1���kT s�,2007,by Dave Koch and Randy Koch, i
��'...,, rto�rKeuss �� ���� 2 a b{. � J� (3 4,rr
Notan r,+wc � � .
i,,�,��,�� ��o Notary Public ,.y, �o
y .,.. r»+�t� V^ .
-c�f-�,o i r es � •�%/d Q/ u
THI6 INSTRUMENT WAS DR.AFTED BY: I
Fre�rick R. Krietzlnan,Esq. j
FEI;HABER, LARSON, FENLON &VOGT, P.A. �
220 South Sixth, Suite 2200
Mirineapolis,Minnesota 55402
(b12)373-841$ ,
MPL1S-Word 95281.11 43
; �
� � i
� I
. � i 33 - I 1 �- z3 . - ,
� . _
�] �' � � �v � G��3��
� _ r � ii�.
��
...��. �+ 3 ' '� � - � � `� � � . . � � .
O
� � I N
o � 2 55�.2�
M a i ' � OUTLOT G 11-
o � -
Z i '' (20)
�
, �
.�,`° -- '
�� i . .
;� i
� i
641.98 N89•39'W
- ,.._- _..- 1284.
;'�� 39 N88•38'30•W
� ''� �.re •w is i . I 438.49 .
f-. :� 11�i�j I , 6(9) g N i �
` �a ,�}.
'�T�I��f3F}Y ; � �`1���►>�. , ��;� s�.o« i s is� i o�au 9 ,o ° ,` �( . ��
; !.� �. �; ��" ,� 18 , (12)p33 �
. ��� .WtfY�ry ' ` .
I % ,r 9 �A .�m �_b
� � 6
i «t .,�
.� ;'/� `..: `.�..0 .�..� "A� r �,Z t • • s . � . S t`
. i ' 18 -.� �. 44.* d,� . . i: �� �\�
! +�'� �
� �� • � A a � ��I = ::L33 -r"-m � �
� i o '� .•!f,;�• + oS1, ��,r" 4 u �' • ',.
;' (a5.�:- � .. . ; 8 � :Y,,� t7� � �� �',
'' �OU�T�-}- ��` �q„ ��� 14' 3 c6� � � � ':
i :� ' G �� t lD �,, '
'� .7 ��y 6���R V�_ ,�I^ 15 t11 � 2 (5) . r m o. \
g .. i � - ` �a �� 16t r .. „::..�e� . . . , � �
i1 __-....' c n} �� 4? '.` u � �4) - - :28"9?
C ::::.in. � � � . �- .
K .rn• SI� � -
� 'r � �'-. M .n ' �� r •117 . 7p'13' .` I • -
. . . !�� --'t*�+ . '�� .q ���,,,p�;'.. 9� � � C]
� - � � ` 'x+,•+nn3' �; "'�. �' A � ) 5 V
�f� ti ►�+) ,.�:•�'. ��
- ., yIJV + tg ` �n,. „r, � �,4_' Q ). 13 14
. �� - _-��� �,. � '_ _ (16 Q7) �
<' wan,�'� '�' : �s'' ,•.,�� Q8). lb � �J •O
' �% . .. .. ... , ��:. ]iITL� '�4 A�` P•��F6",� �' �I9�
Ir w �.� , . . . � 49'?9. 1,, 7 17 46
, ; � . i , d' �p�` �6 '6` ��lry 4p�°1� �j . � Z� 18
�t' � ' `;s t� � b.ie � OUTLO7.K @� '�?e (2U 19 (49)
� �Onn O i � \ � q
w O , ' . J �_(� � ' � i' , ::ze•'�(67) a - T,m` `-��s, 22
. � �`�� � Z �ke s ?� 0 3 '� b�l .s�O 4�� ^• , 56' 23
_ , ',.. fi � : 5 S ' ��
' ��� L. o � �JI �0�����J�� �, 15�� -�M M..;. �'7a �2' \ ,�. � 4 �- (5213 21
� `� - � 4�� $p/J2 � 24 22
�. PA� oNeo N ��. � �, �o
mi " t a Fp� ���,�';� �t.� _ ,F � � ��.�+ -sz'A s �(59} 0 25
- ��i�� � �..I+�Y/ 7 N/g.2692i6 2 0� � T Q 3 ' "1 22a94' 40 4 �`" 2i
` � 2q 0�� „�' . . 9 ' 9 8 7 6 5 4 0;. .
��'' S� � ' y �e'
279.�4 589'04'S3.E R 630 i � ,°`� , ��� �� �.m.. 381( I _ -- ��i uv`°-, �,,,Q,r�o, < R�•r
O � M,. �7Q2 :: •, ° :� � n,�� :. ifi�t9)_ °� !` 78.79 :'L°j�`a
E Y • ,� � o z,s., ' ^ .
� N89 04•3'IM � 3/3:��,. e � r X,a•- � `N�. _ 6 .S , 6 , �pp.i5 ..�n
. 'h_bVa` � - CO A W w
7.3� _N89"IS'26'W 2I836 ' � � , „ < < ,:�LT "�`"�� M M K"�i N - o
! . 26��9 �� n n u1 ) �(p(�� , 35 q 33 32 3I 30 2 2
"�� 2
� I. . ' . A �- 1 .�' .u,ricy � 17 0 S69'0590 230.62
R:,,e,'„o {.�__,,..,�,�,• 505.95. �o g
8
� p1 � � OUTL(O�T 0 0 � � w as ` •.�.9 - �°'��,� t��
�V� N '. . �7� .� I y'' ' oD .
ti� 1a`:'�� "- ��9
a.., �?q�93
I ^ I OUTLOT C -�S �T f0 13-94 � �
�62) � PAR 201 i . OL B m
i � � o. (6U -
377.35 N89'IS'26'Y4� ' 532.49 589'OS'10'E � - ' •
�
• zs.v � i
, .. ....... 4 ..
N89'IS'26'W 683.41 .....-�"�25,39 21
°---------------- N89'12'OS'W I199.95 �
. . �� � , ..... ..,-... - ----------J___-----
.-- , . —
_ :.......,�� ' 200.02 : MN/DOT R/W PLAT NO 27-57
� i I`,49.82 �o -
N89•20'S1'W�c PARCEL 203 ,,°'i 290 M CIT-�
12.95 Q6s , f50.Q2 .�-- --- _ ,.
pA. I 4.84\o:= 7 - _3..3
___ d. ; � � ' : : O -
� : � n �n - ,
_ � so .. ... /(�}� ' Q �I� �UV �� ui�
t],� � (\(�
� . I -�'n b' . � ' N1 .. /��p'V � . rn M 6 p ' .
. �� . /1 v . � � N �� �(' , I' ., O N s (2U N .
V O Q V n �'�/f'
• �2) Z' � � P � � o• "' I a'�� t�4-U Ll v� -
n, �
/''��/G��'�/`ry-J/� � 4�/ o �n. ' OUTIOT C
�� . � � � . �. /1'�^(.!('IG."'� ,!! � Ih -�1 N . , �ZO� � .
(� Iv Y-�/ p p �
O �l(_ M `
O �
{� 2 �
� PART OF LOT 2 �
i
1 ��� , (5) i� -
�� ,� '
0
128q.39 N88'38'30'W
_ • �� 641.98 N89'39'W 438_49 � �-
- i ' g c9� s " ' �bN��j�Y
- 688.06 N89'09'17'W i'l�- �" - _ _ ,� H.,r«x �v�. r � _.
' :� 11�i�1 �� BLOCK 1 5 (8) (10)(IU 9 (13) � ' ��==
� ,. � 10
� � .AA ,�0�'I1 , ��� (12) `�%
_ __ ��Q��g' 1 Y `', . ,.,... /�?�e` ,w�...,. �i 1B �� 67 �z . . \\�. S tX.��
� �' •d .us -- -- ` ' � q'j� .
♦ ��r�� -----�----. r .— 9 '$ ��'q — . 6'.
� —
:lMY��T � 4`i +5 17. . Q � ��_tr� ��'_�V-�-w-
�' `. . 4,gf .t • +' -� �v � ,-.:�IL33 � ;•.
ii 18 _.� - �'y �;� 13 �T � _ . . � ' ��,� �`e� 'y
i i �, �
i � �:� � a� � i,. 4 (72 iO Q�"' �4 '�,
; .� . -! \
- ; �a��,. . � . �`' S� ° � , 3 c6� � ,1 =:. ��B
w '� �'� �__ la e "''' . �
;� T ; �.� �q•� � � ; �,o , ,ti o-
- ;' �Ol�i y .'" 61 �t m _
" ` � '"' 2 (5) . �::.io.ee
� o � � � ` -y �/ �., ��� ,1S lb`��w �� � (4) _ n '28.92 -
�� '�� \� .�ntr �7 7 � . _
Z � 3 .. � . ....-..�7 .w .�sy` 51���� a �` 17� 3��� ' - p �7
l � �• �3
i � +•;- {.�
� i �•t ,�,,,.bn 4 ! 4t ` .1..�'� '' 14) LI
� � �' � ��� 12
� (7) ':� \`� .,,,''.r`^l�k�•'.� s�'° � � (IS) 13 (17) (�',
��� M�_p ���1� - (16) IS ��O
�' -,.- � �� ta ` ' T -%/ . ��..� � (18) 16 Ll\
/ r �, �� ,i� .](p � • .r' , ^� (19)
.� °'s'�,? ,a. .Fs: y 17 46
� '1 j / ~ . . ���. ..� .. . ' 1- y _ �p A W"s" 46�y�c�s ti, t.I9 6: '3�� , 2�42D (49)
�'' ! _ pQ � .i � �,� �� �ls ry OUTLOT.K e 4 � e.�9 22
33 6 78 • i - ;"^,►�(V a t i .`� - �C+e�� . 9 ,
:'N89'S4'03.w � , V � �i� � :�,� t r 1� i `� j :: 6�2�67) v' 44 �$ 20
i � i o�.� .o , `.,�Ss' 23
M Oo G� O G�3� I[�J Oo t�' o �- - � �_�'�,,F' , L b� 4� s :�
�D� U O f`� Q� Q�,' � °-: �'(0 3�"� � �0 4 � '� �SQ 2 3 ' 24 22
4 W QO ����� / +� 2 - =� 4�a o �OJ IO 25
�40 0 i'^n '� O � 5� �� "' (�oe A °' n � ��Sg) � 23
` a 1f11 D D U V N p-� D � 'y N � ��� � 2 ���^r .26094 404 � ' ZG
� Z • � o �Ll �� '[� Q ' a � ..2 � a 9 8 7 6 5 4 n,,2 S
I � ��. � 00 �i- ' �r` 9 � a0 I�c0 N V M q < B 9
4 � ' °° _ �S'?6?�:?00 '9 � `f ,. 38(41 _ -- �n��n u���n ���,9�?
�) M V�-ra.-re :� - >
� � �31 �l � �_ :� n . 4 --N
�=630 " � � ,P`O+e � n . � S . 6 08 : l5
� r ,
N � . 6 3 p,�.
� N89'IS'26'W 681.3 279.U4 S 04'S3'E 147:02 "� s � ' � K ` S
/ , � � � � ..� P ao ti �n c rn w ut o
t 3O4 _ . � . � O n . Z7S.� �/ JI3;2)-�. f f filI ..� ��' ' M�ry � M M !�l �J Z 2
o OUTLOT A �E �o� � N89 04• 'Nr rn h_,�\ � �' � ta5 0�-1 35 `3'� 32 31 30 2`�
' � cv KEL �
i � 2za.36 , ��� � n' n, ) =e-(�o) `s'2
� 304 37T.31 -N89'IS'26'W , 26�14 ,-� -.,.. 177 0 58�os�o� 23o_6z
t . . . � � . � .-ti_ .1.�� �'�c-� . . 505.95�. - '�i- �.��,.,_p4-g3 .
Le,
' � ' R_ .. .1... . , ,Lp� v, �r�i
' W ^ . . . �:� �b 83,��. �:3C9�.� � m .
r %J . ',� � .:� .
I � � L� - s i 1:- -2q�3 .
1 � . ' � o - � ; m 'OUTLOT D ,�. �� ' �
_ _ _��) g - �$) N , (9) � � . OT 10-13-94 p B
i - _ _ _ _ _ _ _ _ _ _ _ _ _ - _._ __ _ _ � , PAR E 20t i (61)
0
j40 N OUTLOT C N� C L °
_ _ _ _ _ _ _ _ (�2� _ _;_ i =
0
- - _
f m , � ._ . . .. _ _ _ _ _ ._ - - - _. _. -F _. -
N � � m 1 4
1 � I
i '9B - � , 532.49 S89'OS'10'E 76.4�
ot 9 234.84 - ' 3T7.35 M89'IS'26'Ml ':�2539 fl -----N89"12'OS_W 1199.95 J-------
_ � ��.......... N89'IS'26'W 683.41 -•-'--�'' t-----------
. _� ,� lAI � ! MN/OOT R/W PLAT NO 27-57
.. _
- 253.6 r �_- " ,. . , .. . _ _ ��, ��
_,__ .. — z90 M CITY OF L
!�.�; -.:. i o i ' 659.45 ... .....�1 �::49.82 N89'.20'S1'W�Q PARCEL 203 M Z
! 4_84 �a-- --- -- 3
--� aorJ-----~J-- I . 5 ,yy 150.U2 \o:. 5 ',. I
a a � �° Q L�O LI�J l�.l� (ID
� . � 9/ . AA _ . - � , � � � .
�
� � c� Bg� � __ _.... . o_ Sn .. .: __ ... � ' m �M 6 0