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HomeMy WebLinkAboutamended private rd agreement/declaration � � �' D r�l,i f I c��S �.� � Melanie Curtis From: Melanie Curtis Sent: Tuesday,August 09, 2016 9:13 AM To: 'Ned Dau' Cc: 'Jessica Swearingen' Subject: RE: Phillips Drive Attachments: phillips wdld ter oronoconsent.pdf Ned The request was approved at last night's Council meeting. Please pick up the original signed consent form. You'll need the original for recording. No need for an appointment,just let the front desk staff know you are picking up the paperwork, I'll put it under your name. Thank you. Melanie Curtis "�"952.249.4627 �mcurtis@ci.orono.mn.us From: Melanie Curtis Sent: Friday,August 05, 2016 10:52 AM To: 'Ned Dau' <neddau@gmail.com> Cc: 'Jessica Swearingen' <jessica.swearingen4@gmail.com> Subject: RE: Phillips Drive Ned I have placed your request on the City Council's agenda for Monday night. See attached. Perhaps someone from the neighborhood could be in attendance in case of questions...? The meeting begins at 7PM. If you have any questions let me know Monday prior to the meeting. Thanks!! Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtisCa�ci.orono.mn.us Website: www.ci.orono.mn.us Summer Hours are in effect: Monday-Thursday 7:30 am to 5 pm; &Fridays 7:30 am to 11:30 am � �o�o C ITY OF ORONO � �. Street Address: I Mailing Address: I Telephone(952)249-4600 'y�, G; 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 1,9 tp Orono,MN 55356 Crystai Bay,MN 55323 www.ci.orono.mn.us kfSHOR 8 August 2016 Homeowners of Phillips Woodland Terrace Re: First Amended and Restated Declaration of Covenants,Conditions, Restrictions and Maintenance Agreement for a Private Road(the"Amended Declaration") Ladies and Gentlemen: We understand that certain properties within Phillips Woodland Terrace are subject to a Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road,dated May 1, 1986, recorded in the office of the Hennepin County Recorder on July 29, 1986 as Document Number No. 5135659(the"Ori�inal Declaration"). The Original Declaration included certain provisions for the benefit of the City of Orono(the"C�"),and provided that any amendment to the Original Declaration required the approval of the City. We have been provided with a copy of the First Amended and Restated Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road (the"Amended Declaration"), which amends, restates and replaces the Original Declaration. As evidenced by the authorized signature below,the City approves of and consents to the Amended Declaration. Sincerely, CITY OF ORONO By: �D. .� •� , Its: Mavor STATE OF MINNESOTA ) )S5. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me this $ day of August 2016,by Diane Tiegs,the City Clerk of the City of Orono,a Minnesota Municipal Corporation,on behalf of the municipal corporation. �l�L�' ��Y� Notary Public MWNESOTA My CarN�On E�iwt 01A1/�1 . , � T Item#09-CC Agenda-08/08/2016 Phillips Woodland Terrace-Phillips Drive Ownership Consent [Page�of zo� REQUEST FOR COUNCIL ACTION Date:August 8,2016 Item No.9 Department ApproWal: Administrator Approval: Agenda Section: Name: Melanie Curtis YY1GG �� Pianning Title: Planner Item Description: Phillips Woodland Terrace—Phillips Drive Ownership Consent Application Summary: The residents of Phillips Woodland Terrace desire to transfer ownership of the private Phillips Drive from the original developer(Mrs. Phillips Revocable Trust)to the residents of Phillips Woodland Terrace. To do so,the City must consent as the drive provides access to property within Orono. Phillips Drive is located in both Medina and Orono. This transfer occurs via an amendment to the current Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road(aka Declaration and Agreement) by the attached Amendment (Exhibit B). The amendment avoids the need for similar, individual housekeeping transfers in the future whenever a lot is sold. An amendment of the existing Declaration and Agreement requires approval by Orono and Medina as there are existing underlying easements benefitting both cities. COUNCIL ACTION RffQUESTED Council should authorize the Mayor to sign the Consent letter attached as Exhibit A. List of Exhibits: Exhibit A. Draft City of Orono Consent Letter Exhibit B. Amended and Restated Declaration and Agreement Exhibit C. Orig�inal Declaration Doc#5135659 Item#09-CC Agenda-08/08/2016' ' Phillips Woodland Terrace-Phillips Dnve Ownership Consent [Page 2 of 20J .�Q�� �� �ITY C�F �RQI�Q � St reet Address: Hiaiting Address: � Talaphone(452)244-4bOD 'S�, � 275fl Kelley Parkway P.O.Box bb , Fax �952)2d4-4616 !,� �,�' Oror,o,MN 5535b Crystal Bay,MN 55323 ! www.ci.orono.rtu�.us kES H Oi� 8 August 2016 Homeowners of Phillips Woodland Terrace Re: First Amended and Restated Declaration of Covenants,Conditions,Restrictions and Maintenance Agreement for a Private Road(the"Amended Declaration"} ladies and Gentlemen: We understand that certain properties within Phillips Woodland Terrace are subject to a Declaratian of Covenants,Conditions, Restrictions and Matntenance Agreement for a Private Road,dated May 1, 1986, recorded in the office of the Hennepin County Retorder on luly 29, 1986 as�ment Number No. 5135b59(the"Oriainal Declaration"). The Original Declaration included certain provisions for the benefit of the City o#Orono(the"Ci ),and provided that any amendment to the Original Declaration required the approval of the City. We have been provided wi�a copy of the First Amended and Restated Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road(the"Amended Decleration"), which amends,restates and replaoes the Original Declaration. As evidenced by the authorized signature below,the City approves of and consents to the Amended Declaration. Sincerely, CITY OF ORONO By: . Its'Mavor SfATE OF MINNESOTA ) )SS. COUMY OF HENNEPIN � The foregoing instrument was adcnowledged before me this day of August 2016,by Diane Tiegs,the City Clerk of the City of�rono,a Minnesota Municipaf Corporation,on behaff of the municipal �rporation. Notary Publit . � Item#09-CC Agenda-08/08/2016 Phillips Woodland Terrace-Phrllips Drive Ownership Consent [Page 3 of 20J lTHIS DECLARATIONRESTRICTS THE SALEAND TRANSFER OF EACH OF THE PROPERTIES IDENTIFIED HEREIN.1 FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS.RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD THIS FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRNATE ROAD (this "Amended Declaration"), dated effective August_, 2016, is an amendment to and complete restatement of that certain Declaration Of Covenants, Conditions, Restrictions And Maintenance Agreement For A Private Road dated May 1, 1986 and recorded in the office of the Hennepin County Recorder on July 29, 1986 as Document Number No. 5135659 (the "Original Declaration"). WHEREAS,the persons named below are the current Owners (as defined below)of the Residence Lots(as also defined below)listed after their names: Jessica M. Swearingen and Lance L. Swearingen Lot 1, Block l, Phillips Woodland Terrace, Hennepin County Edward J. Dau and Michelle S. Dau Lot 2, Block 1, Phillips Woodland Terrace, Hennepin County Dwight T. Seward. Jr. Revocable Trust,dated Lot 5, Block 1, December 6,2004, as amended,Dwight T. Phillips Woodland Terrace, Seward,Jr.,Trustee Hennepin County Mitchell N. Palmer and Jennifer A. Palmer Lot 6, Block 1, Phillips Woodland Terrace, Hennepin County 1 Item#09-CC Agenda-08/08/2016' � PhilJips Wood/and Terrace-PhiUips Drive Ownership Consent (Page 4 of 10J Alan C. Crain and Linda J. Crain Lot 7, Block 1, Phillips Woodland Terrace, Hennepin County Jil L. Lundell Family Trust, dated May 14,2008, Lot 8, Block 1, Steven P. Lundell,Trustee Phillips Woodland Terrace, Hennepin County Bruce A. Machmeier and Linda S. Machmeier Lot 9, Block 1, Phillips Woodland Terrace, Hennepin County; and WHEREAS,the Owners are also the owners as tenants in common of Outlots B and C, Phillips Woodland Terrace, Hennepin County,which Outlots constitute the Private Road(as more fully described and defined below),with an undivided 1/7 interest in the Private Road allocated to each of the seven Residence Lots(and with each of said undivided 1/7 interests sometimes hereinafter referred to as a"Road Interest"); and WHEREAS,the Original Declaration requires that any amendment to such Original Declaration be approved by Owners of at least five(5) of the Residence Lots and the cities of Medina and Orono, which approvals of the Owners are evidenced by their signatures to this Amended Declaration and which approvals by the cities of Medina and Orono are attached hereto as Exhibit A; NOW,THEREFORE,the Owners hereby declare that the Properties and the Road Interests shall be held, sold, and conveyed subject to the following easements, covenants, conditions, agreements and restrictions which are for the purpose of providing ingress to and egress from the Residence Lots to public streets over the Private Road, and which shall run with the land and be binding on all parties having any right,title or interest in the land so described, or any part thereof,their heirs, successors and assigns, and which shall inure to the benefit of each Owner thereof. ARTICLE I--DEFINITIONS 1. Owner. One or more persons or entities, holding a fee simple interest in a Residence Lot, or holding the vendee's interest in a contract for deed on a Residence Lot,which interest has been recorded in the office of the County Recorder, Hennepin County. 2. Private Road. The right-of-way serving the Residence Lots for the purpose of ingress and egress and which is legally described as Outlots B and C, Phillips Woodland Terrace, including the grade,base, surface, ditches,culverts, and other elements and appurtenances which create a driving surface upon the Private Road,which is suitable for pedestrian and vehicular traffic. 2 � 1 ' Item#09-CC Agenda-08/08/2016 Phillips Woodland Terrace-Phillips Drive Ownership Consent [Page 5 of 20J 3. Residence Lot. Each of the seven(7)lots within the Properties and approved by the cities of Medina and Orono, and which contains no more than one Dwelling Unit as defined in the Zoning Cod�s. 4. Properties. Lots 1,2, 5, 6, 7, 8 and 9,Block 1, all in Phillips Woodland Terrace, Hennepin County, Minnesota. ARTICLE II--PRIVATE ROAD RIGHTS 1. Use of Private Road. Each Residence Lot shall have the right to use the Private Road for pedestrian and vehicular ingress to and egress from said Residence Lot to the publicly dedicated right-of-way at the end of the Private Road (currently Hennepin County Road 6) (the "Permitted Road Use"). 2. Dele�atiqn of Use. An Owner may delegate the right to said Permitted Road Use to family members,tenants, guests and invitees. 3. Restricti,ons on Use. No Owner shall use the Private Road other than for the Permitted Road Use or otherwise as permitted by this Article II. Without limiti.ng the generality of the foregoing, no Owner shall obstruct or interfere with the right or privileges of the other Owners in the Private Road nor shall any Owner alter, construct,remove or obstruct the Private Road. Upon any violation of�his section, any Owner shall have the right to restore the Private Road to its prior condition and cause the costs thereof to be assessed against the Owner violating this section. The costs, including reasonable attorneys' fees, incurred by any Owner in protecting vested rights by an action at law or in equity against another Owner sha11 be recoverable in said action. 4. Restrictians on Transfer. The Road Interest allocated to each Residence Lot shall be appurtenant to and a part of said Residence Lot. Any transfer of any fee title interest in any Residence Lot or any contract for deed vendee's interest in any Residence Lot shall transfer with it the Road Interest appurtenant to such Residence Lot.No Residence Lot may be transferred separately from the Road Interest appurtenant to such Residence Lot, and no Road Interest appurtenant to any Residence Lot may be transferred separately from such Residence Lot. ARTICLE III--COVENANTS FOR MAINTENANCE AND REPAIR 1. Maintenance and Renair. The Owners hereby agree to maintain and repair the Private Road and acknowledge that the Cities of Medina and Orono have no obligation to construct, reconstruct,maintain and repair the said Private Road, and that the Cities of Medina and Orono do not intend to acquire or open said Private Road as a public roadway. 2. Payment of Costs. The Owners hereby assume and agree to pay an equal share, for each Residence Lot, of the costs of maintenance and repair of the Private Road and of a11 real estate taxes assessed against the Private Road. Such maintenance and repair sha11 be equal to or better than the standards set forth in the Specifications For Private Roads adopted by the City Councils of the Cities of Medina and Orono and as may be required from time to time by the ordinances of the Cities of Medina and Orono for Private Roads. 3 Item#09-CC Agenda-08/08/2016� � Phillips Woodlattd Terrace-Phillips Drive Ownership Consent [Page 6 of 20J 3. Lien and Obli�ation for Assessments. The Owner of each Residence Lot hereby covenants, and each Owner of each Residence Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay assessments established by the Owners with respect to each Residence Lot,together with interest,court costs and reasonable attorneys' fees required for collection thereof,which assessment shall be a charge on that Residence Lot and shall be a continuing lien upon that Residence Lot. Each assessment, as described above, shall also be the personal obligation of the Owner of the said Residence Lot when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner's successors in title unless expressly assumed by such successor. Such assessments shall be for the exclusive purpose of the maintenance and repair of the Private Road and for the payment of all real estate taxes assessed against the Private Road. 4. Pavment of Costs. Each Owner's share of such assessments shall be due and payable thirty(30) days after notice thereof by the person or entity rendering an account for the costs of such maintenance and repair. The assessment shall bear interest at the rate of eight percent(8%) from the due date to the date of payment. Any Owner may bring an action, on behalf of himself and all non-defaulting Owners,to collect a defaulting Owner's assessment which has not been paid when due, and shall be entitled to recover reasonable attorneys' fees together with all necessary costs and disbursements incurred in connection therewith. 5. Annroval of Plans. The plans, specifications, and the awarding of contracts for the maintenance and repair of the Private Road shall be approved in writing by the Owners of no less than three(3)of the Residence Lots.No Owner may be exempt from the assessment by waiving the use or enjoyment of the Private Road or by abandonment of said Owner's Residence Lot or Road Interest. Plans and specifications for maintenance and repair shall be in accordance with Specifications for Private Roads approved by the Cities of Medina and Orono. 6. Draina�e Tile Maintenance and Repair. Owners of Lots 1, 2, and 3 will be responsible to maintain and repair that portion of the underground drainage tile that intersects their properties. ARTICLE IV--RIGHTS OF THE CITIES OF MEDINA AND ORONO 1. Ri t of Repair. In the event that the Owners fail to maintain and repair the Private Road in accordance with the standards provided herein, it is agreed by all Owners that the Cities of Medina and Orono may, at their discretion and option,undertake the maintenance and repair of the Private Road and that any such action taken by the Cities of Medina and Orono will not result in the establishment of a public roadway. The Owners further covenant and agree that the costs incurred under this paragraph shall be divided among and paid by the Owners in accordance with the formula set out in Pazagraphs 2, 3, and 4 of the preceding Article III. In the event that any Owner shall default in such payment,the Cities of Medina and Orono may, at its option, assess the said costs against the appropriate Residence Lot, and certify said assessment to the County Auditor and collect the same in a single payment as in the case of special assessments for Public Improvements. 2. Convevance of Easements. The Owners hereby convey to the Cities of Medina and Orono, an easement for ingress, egress,maintenance and repair over the Private Road to perform 4 Item#09-CCAgenda-08/08/2016 Phillips Woodland Terrace-Phil/ips Drive Ownership Consent [Page 7 of 2oJ police ca11s, fire ca11s, rescue and other emergency calls, inspection, animal control, street maintenance and repair, street construction and reconstruction, snow removal,provisions for adequate surface drainage, sanitary sewer, storm sewer, water mains, and other utilities,weed control, Dutch elm control, installation of cable television, or other public services deemed necessary by the City Council. The cost of any such work performed pursuant to this section shall be assessed against the Residence Lots pursuant to Paragraph 1 of this Article N. The Cities of Medina and Orono do not undertake to perform any of the work outlined in this paragraph but reserve the option to so perform. ARTICLE V--MISCELLANEOUS PROVISIONS 1. Subordination of the Lien to Mort ases. The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. 2. Restrictions on the Number of Users. No more than seven(7)Residence Lots may be served by the Private Road, and Building Permits will be issued for no more than seven(7) Dwelling Units using the Private Road. 3. Duration. The covenants, conditions and restrictions of this Amended Declaration shall run with the lanct and shall be binding on all persons claiming ownership thereunder unless an instrument signed by the Owners of not less than five(5) of the Residence Lots, and approved by the Cities of Medina and Orono agreeing to change said Covenants, conditions and restrictions, in whole or in part, have been recorded. Amendments to this Amended Declaration also require the approval of five(5) of the Owners and the Cities of Medina and Orono. 4. Ori�inal Declaration. Upon its execution and filing,this Amended Declaration shall be deemed to amend,restate and replace the Original Declaration. As required by the Original Declaration, this Amended Declaration has been approved by at least five(5)of the Owners, as evidenced by the signatures at the end of this document, and has been approved by the cities of Medina and Orono, written consents from which are attached as Exhibit A to this Amended Declaration. [Remainder of this page intentionally left blank. Signature pages to followJ 5 Item#09-CC Agenda-08/08/2016� ' Phillips Woodland Terrace-Phillips Drive Ownership Consent [Page s of 2oJ IN WITNESS WHEREOF,the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: BRUCE A. MACHMEIER LINDA S. MACHMEIER STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and aclrnowledged before me by Bruce A. Machmeier and Linda S. Machmeier, spouses mamed to each other,this day ofAugust,2016. Notary Public 6 Item#09-CC Agenda-08/08/20/6 Phil/rps Woodland Terrace-Phillips Drive Ownership Consent [Page 9 of 20J IN WITNESS WHEREOF,the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNER: Dwight T. Seward. Jr. Revocable Trust, dated December 6, 2004, as amended DWIGHT T. SEWARD,JR., Trustee STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to,and acl�owledged before me by Dwight T. Seward, Jr., as Trustee of the Dwight T. Seward. Jr. Revocable Trust, dated December 6, 2004, as amended,this day of August,2016. Notary Public 7 Item#09-CC Agenda-08/08/2016' � Phillips Woodland Terrace-Phillips Drive Ownership Consent (Page 10 of 20J IN WITNESS WHEREOF,the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNER: Jil L. Lundell Family Trust, dated May 14, 2008 By STEVEN P. LLTNDELL,Trustee STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to,and acknowledged before me by Steven P. Lundell, as Trustee of the Jil L. Lundell Family Trust,dated May 14,2008,this day of August,2016. Notary Public 8 � Item#09-CC Agenda-08/08/2016 Phillips Wood/and Terrace-Phillrps Drive Ownership Consent [Page Il of 20J IN WITNESS WHEREOF, the parties hereto have executed this Amended Declararion effective the day and year first written above. OWNERS: EDWARD J. DAU MICHELLE S. DAU STATE OF MIl�I'NESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Edward J. Dau and Michelle S. Dau, spouses married to each other,this day of August,2016. Notary Public 9 ltem#09-CC Agendn-08/08/2016' � Phillips Woodland Terrace-Phillips Drive Ownership Consent [Page 12 of 20J IN WITNESS WHEREOF,the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: ALAN C. CRAIN LINDA J. CRAIN STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and aclaiowledged before me by Alan C. Crain and Linda J. Crain, spouses married to each other,this day of August,2016. Notary Public 10 Item#09-CC Agenda-08/08/10/6 Phillips Woodland Terrace-Phillips Drive Ownership Consent [Page 13 of 20J IN WITNESS WHEREOF,the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: JESSICA M. SWEARINGEN LANCE L. SWEARINGEN STATE OF MINNESOTA ) ) SS. COLTNTY OF HENNEPIN ) Signed, sworn to, and aclrnowledged before me by Jessica M. Swearingen and Lance L. Swearingen, spouses married to each other,this day of August,2016. Notary Public 11 Item#09-CC Agenda-08/08/2016' � Phil/ips Woodland Terrace-Phillips Drive Ownership Consent [Page 14 of 20J IN WITNESS WHEREOF,the parties hereto have executed this Amended Declaration effective the day and year first written above. OWNERS: MITCHELL N. PALMER JENNIFER A. PALMER STATE OF NIINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Signed, sworn to, and acknowledged before me by Mitchell N. Palmer and Jennifer A. Palmer, spouses married to each other,this day of August,2016. Notary Public 12 • hem#09-CC Agenda-08/08/2016 Phillips Woodland Terrace-Phillrps Drive Ownership Consent [Page IS of20J Exhibit A Consents of Cities of Medina and Orono 13 '.—.'" �..._ ... ,:..� �M-s-.__._-.�Y<�.<..��z—„�-+�,.�:�._..M..,o-,.�er-_��.�,.r-��...........�- "-.-.. ---"" � r-.. x--.- �c. . . .,..i . ___. .-.. �- ..-.:_. . � �^-^-a=. _.sc;:. ,.. , �.<<.. -,, , �.:-. .,.�..._ . �, z..:.�v.-� -.. . . Item#09-CC Agenda-08/08/2016' � ' ' ; Phillips Woodland Terrace-Phil/ips Drive Ownership Consent ; � � � � � 5�3�659 �Page��,� � � �.. , DECLARATION OF COVENANTS, CONDITIONS� itESTRICTIONS AND MAINTENANCE AGREEMENT E'OR A PRIVATE ROAD THIS DECLARATION is made on the date hereinafter aet forth by the following � persona, hereinafter referred to es the Ovnera: WHEREAS, Marq 8. Phillipa is the ovaer and paul !t. Phillips ia the hueband of the owner of certain laad in the Citiea of Medina and Oro4o, State of Min�esota� heseinafter called tbe Propertiee, which land i• deacribed as Lota 1, 2. S, 6, 7, 8 apd 9� Block 1 of Phillfps Wo�land Terrace (The Propertice). NOi�►� THEREFORE, the Owners hereby declare that the Properties ahall be held, sold and conveyed aubject to the folloring ea�emente, coveaaate, coa- ditioas, agreemente and reatrictioas vhich are for the purpoae of providing ingreaa and e�reas to tbe Propertiea� and vhicb shall run with the land de�cribed ia the Properties and ahich ahall be binding oa all partiec having any right� title or intereat in the land ao described, or aoy part thereof, their heirs, snccessors and essigna� aad which shall inure to the benefit of each Ovner thereof. DEFINITIONS 1• Owaer. One or oose persoas or entites, holding a fee simple intereet in s Residence Lot, or holding the vendee's intereat fn a centract for deed on a Residence Lot. vhich interest has been recorded in t�e office of the Couaty Recorder, Hennepin County. 2. Private xoad. The grade, baae, surface, ditchea, culverta and other ele- menta and appurtenancea whtch create a driving surface upoa the xoad EaBement vhic6 is suitable for vehiculsr traffic. 3. xesideace Lot. A parcel of land which is one of the Propertiea which vas created from the Properties aad approved by the Cities of Medina aad Orono� and vhich cootaio• ao more than one Dwelling Oait as defined in tbe Zoning Codee. 4. Road Easeaent. The �tig6t-of-Waq aerving the Residsnce Lots for the purpose of in��e�s and egrea• and which is legally deocribed ea Outlots 8, C, and D, Phillips' Woodland Terrace. PROPERTY RIGHTS 1• Owner'� Easement RiAhts. Every Ovner shall have an easeaent for ingress and egreas ie and to the Road EaBement. Said easement shall be appurtenant to aad ahall pasa with the title to every Residence Lot. 2. Delegation of Use. An Owner may delegate the said right to use the Road Easement to favily members, tenanta, guesta and inviteeo. -1- �.n:x� �.�..,�.,.... ,..i .�i ...,'n'�"^�"?-"��".,�;.,__�... .. ..,*-<-' ..�=-z,�,T=-'-�3.�F,. .� r.r . ._- . .__ -, .. '�.a.-� , . . . . _.., �. ,x_.. ..._-•ro,�-'�--� .:_, . . .. . . �_..- :�.cr-. ...... _ �� . . . . �� . , . .,�=""'s�s:-.,.-nz-xy.ccn..�T .c-'::-.�,:-_-e«- , • Item#09-CC Agenda-08/08/2UTb---" � ' , Phillips Woodland Terrace-Phillips Drive Ownership Consenr ' ' [Pagel7of2oJ COYENANTS FOR MAINTENANCE AND REpAIR ' . Mainten �hce and Repair. The Ovner• hereby agree to oaiatain and repeir • l'rfvate Roa on tbe ltoad Easement and ecke►ovTedge that t6e Citiee of Nedina and OroAo have no obligation to conrtruct, reconatruct� maintain and repair the •aid Frivate Road, and that the Citiea of MediAa and Oro�o do aot i�tead to acquire or opea •aid Private Qoad ai a public roadvay. Z. Pi ent o�f Coats. The Ovner� hereby atauoe and agree to pay an eqwl ehare, for each Ret�dence Lot� of the coat of saiAten�nce and repair of the Private xoad and of a11 real estate taxe• ataeesed agaiast t6e ltoad Saae�eat. Sucb maintenance aad repair sball be equal to or better than t�e �tanderds iet forth in the Specificatioaa For Private Roade adopted by the City Couaeils of the Cftiea of liedina and Orono aad as may be required from tioe to time by the ordi- nances of tbe Citiea of Kediae and Orono for Privata Roads. 3. Lien end Obligation for Assessments. The Owner of each xe�ideace Lot hereby coveaaats� and each O�mer of each tesideace Lot bq acceptance of a deed there- for, whether or aot it shall be ao expre�sed in such deed or other coaveyance� is deemed to covenant and agree to pay assessmeata establiaLad by the Owners with respect to each Reside�ce Lot� together with intereat, court coata aad reaaon- able actorneys' fees required for collection thereof, vhieb asaessaent shall be a chsrge on that Resideace Lot and ahall be a contiauing lien upon that Residence Lot. Eacb assessment, as deacribed above, shall also be tbe of tbe Owner of the said Residence Lot vhen tbe assessment fellydueai �ei�ation obligation for delinque�t asaeaoments sball not � PerBOAel in title unless ezpressly assumed b such succe�sorS t� � �°er s auccessore for the exclusive purpose of the mainteasace and repairuof theeprfvate Roadiand for the payment of all real eatate ta:es ataesaed against the 8oad Easement. 4• p8�►meat of Coste. Bach Owner'� Share of such assessmenta shall be due and payable thirty (30 daya after aotice thereof by the peraon or entity rendering aa account for the costs of such mafateaaace aod repair. Tbe a�sess�eat sball bear iatere�t at the rate of eight percent (8X) frod the due datt to tbc date of payment. My Owner may briag an actfon, on behalf of hisself aad all non- defaulting Ownera, to collect a defaultiag Ovner�s aasessment abich has not beea paid when due, and shall be entitled to recover reaaoaable attorneys' fees together with all necessary coets and disbursemeata incurred in conaeetion therewitb. S. Approval of Plsas. The plana, apecifications and the avarding of contracts for the maiateAance and repair of the Private Road sball be approved in writing by the Owaers of no less tha� three (3) of the xeeidence Lote. No Ovne� say be exempt from the assesement by waiving the uae or enjoyment of the Private Road or by abandonme�t of the Reaidence Lots. Plans and epecifications for mai4tenance and repair shall be fn accordance vith Specifications For Private xoads approved � by the Cities of Medina and Orono. 6. Drainage Tile Mainteaance and Repair. Ovners of Lota, 1, 2 aad 3 vill be responaible to maintain and repair that proportfon of the underground drainage tile that interaecta their propertiee. RIGHTS OF THE CITIES OF MEDINA AND ORONO 1. Right of Repair. In the event that the Owoers fail to maintain and repair '"-'.�i""c"�-;<-'��< �:�-u"'1 "1'"g:...c� :_;-�� -;.i:=-F �.. ..., .:.,..,_.� _k�__. �,Y.- � ... ..=�ac=:-a:�..:... :T—?-:• t:s�^.,rr.m,c . ,�. .. . _ �£ Item#09-CC Agenda-08/08/2016 ' ' � . Phillips Woodland Terrace-Phi/lips Drive Ownership Consent � �' [Page 18 of 20J the Private Road in accordance vith tfie atandards provided herein, it i• agreed by all Ovaere that the Cities of Medi�a and Orono oay, at their diacretion and option, undertake the maintenance and�repair of ihe Private Road and tbat any �uch action takea by the Citie• of Medina and Oroao will not re�ult ia the establishment of a public rosdvsy. The Owner• further convenant and agree that the co�ta ineusred uadec this para�raph ehall be divided �mong and paid by the Ovners in. aecosdance with the formula �et out in ParagrapAo 2� 3 and 4 of tbe preceding section. In the event that any OvAer shall default in auch payment, thc Cities of Medina and Orono may� at ita optioa� as�es• the •aid coata againat the appropriate Residence Lot� aad certify said aste�soent to the Couaty Auditor and colleot the •aae ia a aiagle payment a, ia the ease of special •saesseept• for Public Improvements. 2. Conveyance of Eaaementa. The Ownere hereby convey to the Citie� of Medina aad Oroao, aa easement for in$res�, e�reaa. maintenance aad repair over the Road Easemeat to perform police calls, ffre calls, rescue and other emergency callo, inapection� 8ainal coatrol. street mafntenance and repair� street construction and reconstruction, •aow removal, provisions for adequate surface drainage, sanitsry eever, atorn sewer, �ater maina, aad other utilities, veed coatrol, Dutch elm control, installatioa of cable television� or other public services deemed neceasary by the City Counc il. The cost of any such vork perfarmed pur- auant to tbis aection shall be aaseesed againet the Hesidence Lots parauant to Paragraph 1 of this section. The Cities of ![edina sad Oroao do not undertake to . perform aay of the vork outlined ia this paragrap6 but reaerve the option to ao perform. MISCELLANEOOS PROVISIONS 1. xestriction oa Use. No Owner shall obstruct or interfere wfth the rigbt or privilegea of t6e other O�mere in the Private Road nor shall any Owner alter. conatruct, resove os obstru�t the Private Road. Upoa wy violatioa of this sec- tioa, any Owner ahall have the rfgbt to restore tbe Private Boad to ite prior conditioa and cause the cost thereof to be ataeased �gainst the Owner violatia� tbis �ectioa. The cooto, inciuding reasonable attorneys' feea� incurred by any Owaer in protecting veated rights by aa aation at laM or ia equity again�t anotber Owner •ball be recoverable in said actioa. 2. Subordination of the Lien to ltortgagea. The lien of any as�eosment provided for hereia ehall be •uDordinate to the lien of any firat sortgage. 3. 8estrictiona on the Number of Osers. No more than sever� (7) Residencs lota may be served by the Private Road, aad Building Per�its will be iseued for ao aare tAan seven (7) Dwelling Onits ueing the Prfvate Road. 4. Duration. The covenaata, coaditiona aad restrictfons of thie Declaration shall run with the land and shall be binding oa all persons claiming o�rnerahip thereuader unless an instrument signed by the Ownera of not le.e than five (S) of the Resideace Lots� and approved by the Cities of !ledina end Orono agreeiag to change eaid Coveaante, conditions and restrictiona, in whole or in part, have been recorded. Amendments to the Declaration also require the approval of five (5) of the Owners and the Citiea of Medina and Oroao. -3- -�,< 2-�-- �,: <,�.. :.-: - _.. _ _. _ .,.. _ ,t, .. --' .�., .�.,.__� .. . .^'. .: ...�. v r..._ . .,�w: _=....:..- . ..� ��< �=;:�9r-�-p+�:'=r,<.v ecx+�.—,--7 .:..ct•�•;•.ar--a�4._a:=_s�,�-�1 . ... -. . .._.`. . Item#09-CC Agenda="0 . • . Phillips Woodland Terrace-Phillips Drive Ownership Consent � � ,' [Page 19 oj20J IN WITNESS WHEREOF� the pertiea hereto havt executed this Declaration on the day and year indicated below. OWNERS � �O Mary B. illipa Ditea:_ ��� �. � 9d(o . �'' /� �� Paul R. Phillipo Dated: / /7'a6 -4- ��.��f..-�.� ,...<. . ..-,_, � :. - ..t _;,- ., , , � - - - _ � _ -.. - _ _ , -� �s-- ,.<,�•. -i -;, � �<. ; i. ..:.:,_ :.�- .� � • . . _.:.. . _: _. � .._, . . ; . _. ,.� , . . • - _ , Item#09-CC A;enda=�B31d8t2b�6'—^--'-'�""""' • • . Phillips Woodland Terrace-Phillips Drive Ownership Consent � , ' ` [Page 20 of 20J INDIVIDUAL ACKNOWLEDGMENT . 3TATE OF KINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • Oa thi• lst day of lfay , 1986, before me peraoaally appeared Mar B. Philli s to ae known to be the peraon descr�bed ia aad vho executed the fore�oi�g Declaration � and acknowledged that he/�he executed the •ame ae her fsee act and�deed. ��i�•:•,i:;,.�:., ��i�G, �t�►-Ner � r;;=','� ;;�;�;��1�_:,;:y}�. Nc�4ww�r �I c-Mi•,��:.�, ::. ' :. ,��.. � � :ti '• -'• ���,�,. .,. , I�evl�e�i4 �aK� N ry Publ�-� : '.�. ..` ..'�, -. - A._.__ �,_ /YlY te�wtss.M.cr�1�es �.l'j•,If'�0 Hennepin C ��,,.`'��iii�Ef�6�;i��:`�''�:"�'`,. �,1 ��/ �:. .�j : ',,�j-• INDIVIDUAL ACICNOWLEDQlENT ",�'�t•��'�'�-�..',~'1$''�"'"��•:':' ;�'�'�I, �`"��)�w '�; ��i'� -�a":�. a, ���.�,+ ,:;: ��Y.`.. r �/ STATE OF I4INNESOTA ) ��•�, ;�. `',:. ~i':-,�:�h'}: ) ss. �, •�.�� i\l�":" COUNTY OF HENNEPIN ) ,."`!�•,�,�;,�:,..�*'•'':: On this la�_daq of May , 1986, before,oe peraonally appeared Paul R. Philli , to me kaoi+a to be the peroon deecribed in and who e:acuted tbe:.#Q��liag Declaration � , and ackaowledged that be/ehe eaecu ,�' j;�� his free act and deed. �'�' "�� �.,.�..,a;t,", � ti�;•r `�°�rL �(Ny I+`��'��. Slnd Tinrn t 1'� �,: ,�'..[vr►' c:�• •"t Ne�l�ary PNW r� -�t��,�s� � �d ��1' ==�`�;t' :�;�, �+eNK C�ln �o u�.+�j No Pub 1#p= -} ;.�.,�.:.�� . - :J,�� � 'i� � , yr; v-w�.� a:,y. /Y�y Co�rwiys�b., fx�airtj f�J. 22.,/ito Hennepin C . a v'� t��p. � ,����• . ���R ..��.,; �, 1�. `` �j. �r. � .O1�i TN S INSTRUMENT WAS D . � j�/',�,,,,...,,j,,�,�'`,�..""��;. �aFrEo eY ��.�'�� � .;,� e w� �k � ' • "�- _ - � T '�w. . �'"�! ��t /N�/SS CR Iname and address► No de�n4�oi TM tpX&PU6lIC RECORDs OEPT.OF�NEPIN COUNn MINN• J1l4� �r�J . FG AuoiTo� � - �,�does rot re►+u to la��a w.e.�tr+sr ' ��INy pr M�y�be A�d.