HomeMy WebLinkAbout4G - Windsong On the Lake
AGENDA #:
PREPARED BY:
SUBJECT:
DA TE:
INTRODUCTION:
BACKGROUND:
STAFF AGENDA REPORT
4(g)
DEB GARROSS, DRC COORDINATOR
CONSIDER ADOPTION OF RESOLUTION 95-50
APPROVING THE FINAL PLAT AND DEVELOPER'S
AGREEMENT FOR WINDSONG ON THE LAKE SECOND
ADDITION.
JUNE 19, 1995
The purpose of this agenda item is to consider adoption of
Resolution 95-50 approving the final plat and developer's
agreement for Windsong on the Lake Second Addition. The
developer, H&H Land Development, will be represented by
Ralph Heuschele and Greg Kopischke. The developer's
agreement for installation of public improvements was
prepared by John Wingard and Glenn Kessel and is attached.
The final plat was reviewed in accordance with the approved
preliminary plat and Sections 6-5-1 and 6-7-1 through 6-7-17 of
the Subdivision Ordinance.
The principal requirements for final plat approval include a
signed developer's agreement with surety for the installation of
utilities and streets and the satisfactory completion of all
preliminary plat conditions. The preliminary plat of Windsong
on the Lake Second Addition was approved via Resolution 95-
14 on February 21, 1995. The preliminary plat was approved
subject to eleven conditions. See attached Resolution 95-14
for details.
In 1983, Windsong PUD was platted. The Schematic PUD
Plan indicates that the site will be developed as follows: There
will be a total of 38 single family lots with a variety of
recreational amenities including: tennis court, hiking trail, horse
shoe court, volleyball court, picnic shelter, boat access, beach
and seasonal docks for 20 boat slips. The plat of Windsong on
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY' EMPLOYER
the Lake Second Addition is the second phase of the
development and contains 7 lots.
The final phase of the PUD will be development of Outlot A,
which will consist of 5 lots and a cul-de-sac, located southeast
of the intersection of Lord's Street and C.R. 21. The developer
intended to plat the entire 12 lots with the Second Addition.
However, plans for the future improvement of C.R. 21 are not
complete. The grading, drainage, cul-de-sac elevation,
easements etc..., for the northwest part of the site must tie into
future upgrades to C.R. 21 and Lord's Street. The Second
Addition, indicates the platting of 7 lots to the south plats the
northwest part of the site as (Outlot A). The Outlot will be final
platted at a future date, commensurate with the upgrade of
C.R. 21 and Lord's Street.
DISCUSSION:
The conditions placed upon the preliminary plat have been
satisfied or will be accounted for in the developer's agreement
and Resolution 95-50 approving the final plat. There is no
park dedication required in this phase due to prior dedication
requirements for phase 1 of the PUD.
The developer's agreement specifies that the developer is
responsible for installation of all utilities, streets, park trails and
all other improvements as specified in the Subdivision
Ordinance. Engineering staff will be present at the meeting to
review details of the developer's agreement with the Council if
requested.
ALTERNATIVES:
1. Adopt Resolution 95-50 approving the final plat and
developer's agreement for Windsong on the Lake Second
Addition.
2. Table or continue this item for specific reasons as
specified by the City Council.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion as part of the consent agenda to adopt Resolution
95-50 approving the fin I plat and developer's agreement for
Windij t Lake econd Addition.
Reviewed B . F n Boyles, City Manager
RESOLUTION 95-50
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE FINAL
PLAT OF "WINDSONG ON THE LAKE SECOND ADDITION" AND DEVELOPER'S
AGREEMENT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO
RELEASE OF THE FINAL PLAT.
MOTION BY:
SECOND BY:
WHEREAS: the City Council held a hearing on February 21, 1995 and approved the preliminary plat of
"Windsong on the Lake Second Addition subject to the conditions of Resolution 95-14; and
WHEREAS: the City Council has found that the final plat of "Windsong on the Lake Second Addition" is in
substantial compliance with the approved preliminary plat; and
WHEREAS: The City Council has approved the final plat of "Windsong on the Lake Second Addition"; and
WHEREAS: the City Council has approved the developer's agreement for said plat.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release
of, and recording of said plat:
1. Payment of all fees including but not limited to: trunk sewer charge, storm water management fee,
collector street fee and all other fees associated with the developers agreement.
2. The developer's agreement, as drafted by the City Engineer, shall be signed and fully executed prior to the
release of the final plat. All fees shall be paid prior to the release of final plat.
3. The lot width of Lot 4, Block 1, be increased to 52' consistent with the variance approved with the
preliminary plat.
4. Reductions of the entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and one
reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
5. Four mylar sets of the final plat with all required signatures be submitted.
6. A complete set of final construction plans and specifications for all public works facilities for subdivision
be submitted in accordance with the requirements of the "Public Works Design Manual."
7. Utility and drainage easements along with an erosion control plan and sewer/water plan be revised
acceptable to the City Engineer. All easement including those necessary on the plat be granted, acceptable
to the City Engineer.
"RES9550"
8. The final plat and all pertinent documents must be filed with Scott County within 60 days from the date of
final plat approval. Failure to record the documents by August 19, 1995, will render the final plat null and
void.
Passed and adopted this 19th day of June, 1995.
YES
NO
ANDREN
GREENFIELD
KEDROWSKI
SCHENCK
SCOTT
ANDREN
GREENFIELD
KEDROWSKI
SCHENCK
SCOTT
Frank Boyles, City Manager
City of Prior Lake
{ Seal}
"RES9550"
2
RESOLUTION 95-14
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF WINDSONG ON THE LAKE SECOND ADDITION
MOTION BY:
GREENFIELD
SECONDED BY:
SCHENCK
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on the 5th
day of January, 1995, and 13th day of February, 1995 to act on a petition
submitted by H & H Land Development to approve the preliminary plat lot
width variance, of Windsong on the Lake, Second Addition; and
WHEREAS,
Notice of the public hearing on said application was duly published and
posted in accordance with the applicable Minnesota Statutes and City Code
requirements; and
WHEREAS,
On February 13, 1995, the Prior Lake Planning Commission approved the lot
width variance for proposed Lot 9, Block 1, Windsong on the Lake Second
Addition to permit a lot width of 52 feet at the front yard setback instead of
the required 86 feet and it further recommended approval of the preliminary
plat as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, That it hereby approves the preliminary plat of
Windsong on the Lake Second Addition as shown on amended plan sheets
dated January 2a, 1995, subject to the following conditions:
1. Approval of the lot width variance on Lot 9, Block 1, Windsong on the
Lake Second Addition to permit a lot width of 52 feet at the front yard
setback is hereby acknowledged.
2. The name of the plat shall be changed from Windsong on the Lake Plat
2 to Windsong on the Lake~ Second Addition.
3. All necessary permits and approvals from other State, local and Federal
government agencies shall be obtained by the developer which are
required due to this development.
4. All utilities and drainage easement necessary shall be provided and
shown on the plat acceptable to the City Engineer.
5. The erosion control plan shall be revised acceptable to the City
Engineer.
6. The Metropolitan Wastewater Services division shall be contacted for
review of possible widening of the existing easement for the
Metropolitan Wastewater Services interceptor to this plat.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORnJNnY EMPLOYER
RS95-14
Page 2
{Seal}
9502PC.WRT
7. All existing structures shall be field verified and shown correctly on the
drawings acceptable to the City Engineer.
8. Street and cul-de-sac typical sections and street profiles and grading
plans shall be advised acceptable to the City Engineer.
9. 100 Year O-H-W level elevations of low areas on the site with
calculations shall be submitted to the Engineering Department and 100
Year flood elevations established to determine a low building pad
elevation on lots.
10. The berm on the westerly side of Lot 1 shall be extended to the south
along the west edge of Lots 1 and 2 to the southerly end of Lot 2.
11. The inter-office memorandum comments from Jeffrey Evans dated
February 1, 1995 shall be addressed acceptable to the City Engineer.
Passed and adopted this 21 st day of February, 1995.
YES NO
Andren X
Greenfield X
Kedrowski Absent
Scott X
Schenck X
~.
Prior Lake City Council Minutes
February 21, 1994
Andren asked why the city didn't have a policy requiring sidewalks or
trails on local roads only when heavy traffic or unique topography
justifies such action. Mr. Anderson replied that an asterisk could be
used to allow the city engineer to define when sidewalks could be
justified on local streets with higher volumes of traffic. Discussion
occurred on the table showing the guidelines.
The table was revised to add a column under local streets which
would allow for no sidewalk or a sidewalk on one side of the street.
The policy would provide that the City Engineer may recommend that
sidewalks be installed on local streets or one side of a minor collector
where a trail also serves the street or where topographical or traffic
conditions warrant.
MOTION BY GREENFIELD, SeCONDED BY SCOTT, TO PLACE
THE AMENDED SIDEWALK POLICY AND CORRECTIONS AS
NOTED ON THE MARCH 6, 1995 CONSENT AGENDA, AND
AMEND THE CITY CODe SECTIONS 6-7-3.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
8. Consider Approval of Preliminary Plat and Variance for Windsong On
The Lake, Second Addition. Planning Director Rye discussed the
application and the Planning Commission's concerns regarding right
of way issues and safety problems and stated that the remaining
issues were addressed satisfactorily. Council inquired as to the
rationale behind the variance and whether CR 21 improvements will
impact the grading plan. Public Works Director Anderson stated that
CR 21 improvements would not be affected.
MOTION BY. GREENFIELD, SECONDED BY SCHENCK, TO
APPROVE THE RESOLUTION AUTHORIZING THE PRELIMINARY
PLAT FOR WINDSONG ON THE LAKE, SECOND ADDITION.
Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck.
The motion carried.
C. Consider a Resolution Approving Final Plat of the First Addition to
Westbury Ponds and Developer's Agreement. Planning Director
Rye presented information regarding the request and reviewed the
process to date. Mr. Rye stated that the developer'S agreement have
been signed by the developer and that the preliminary plat was
approved in January subject to conditions outlined -in the resolution
and that those conditions have been satisfied.
MOTION BY GREENFIELD, SECOND BY SCO"., TO ADOPT THE
RESOLUTION APPROVING THE FINAL PLAT OF WESTBURY
PONDS AND THE DEVELOPERS AGREEMENT.
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'FPAPP.
FP -
PID: 25-236029-0
CITY OF PRIOR LAKE
FINAL PLAT APPLICATION FORM
Property Owner: H & H Land Devp 1 npmpl1 t
Address:l0ROO T.ynn.qlp Avp S Rlnnmingt-nn, MN
Developer: Prooerty Owner
Address:
Agent: Ra18h W. Heuschele
Address: 1 800 Lyndale Ave. S., Bloomington. MN
Phone:
Phone:612/ 884- 5944
55420
Name of Surveyor: Westwood Professional Services. Inc. Phone:612/937-5150
Name of Engineer: Westwood Professional Services. Inc.Phone:612/937-51S0
Legal Description of Property:(May be attached)
Outlot A, Windsong on the Lake. Scott ConntYr M;nnp~nt;:!
Present Zoning: P. U . D .
Deed Restrictions: No_
Property Acreage: 7. 98
Yes~ If so, please attach.
I have read the Prior Lake Subdivision Ordinance and 19ree to provide the information and do
the work in accordance with the provisions of the Ordinance.
f!J
Applica
Da~
~~~)7~
D te
THIS SECTION TO BE FILLED IN BY THE PLANNING DIRECTOR
APPROVED
APPROVED
_DENIED
_DENIED
HEARING DATE
HEARING DATE
PLAN. COM.
C. COUNCIL
CONDITIONS:
Signature of the Planning Director
Date
APR 2 7 199~ .
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SECOND AMENDED DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this 30th day of December, 1987,
by H & H Land Development, a Minnesota general partnership,
hereinafter called "Developer".
WHEREAS, Developer is the owner of the real property
described in the attached Exhibit "Aft and desires to create
thereon a residential community that includes certain lakeshore
and recreational amenities as well as other benefits through the
use of Common Properties for the benefit of said residential
community, and
WHEREAS, Developer desires to provide for the
preservation of the values and amenities in said residential
community and for the maintenance of boat dockage, swimming
beach, lakeshore, walks, open spaces and other common
recreational facilities, and to this end to subject the real
property described on the attached Exhibit "A" to the covenants,
restrictions, easements, charges and liens hereinafter set
forth, each and all of which is and are for the benefit of said
property and each owner thereof, and
WHEREAS, Developer has incorporated, under the laws of
the State of Minnesota, a non-profit corporation, named Wi~dsong
on the Lake Association, Inc. for the purpose of exercising the
aforesaid functions.
NOW, THEREFORE, the Developer declares that tile real
pro pert y des c I' i bed i n t he a t t a c h e d E :c h i bit "A " i san d s hall b e
held, transferred, sold, conveyed, and occupied, subject to the
covenants, restrictions, easemerlts, charges and liens (sometimes
referred to hereinafter as "covenants and restrictions")
hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1. "Associat.ion" shall mean and refer to the
Windsong on the Lake Association, Inc., a non-profit corporation
organized and existing under Minnesota Law.
Section 2. "Windsong", unless specifically otherwise
stated, shall mean and refer to all such real property described
on the attached Exhibit "Aft.
Section 3. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee
simple title to any lot located within Windsong but shall not
mean or refer to the mortgagee of any such lot un
such mortgagee has acquired title pursuant to for
said mortgage and the period within which the fee
( 1 )
APR 2 7 1991
redeem from such foreclosure has terminated. Where any such lot
is being sold by the fee owner to a contract vendee, the
contract vendee shall be considered the "Owner" upon furnishing
proof thereof "to the Association.
Section 4. "Lot" shall mean: and refer to any plot of
land shown on the recorded subdivision plat of Windsong with the
exception of the Common Properties.
Section 5. "Common Properties" shall mean and refer to
those areas of land shown on the recorded plat of Windsong that
are devoted to the common use and enjoyment of the owners of
lots located in Windsong. All Common Properties and all
improvements thereon shall be owned by the Association and are
described on the attached Exhibit "B".
Section 6. "Developer" shall mean and refer to H & H
Land Development, a Minnesota general partnership and to any
legal entity to which said partnership may specifically assign
the rights and interests vested in Developer pursuant to the
terms of the Declaration.
Section 7. "Members" shall mean and refer to those
persons entitled to membership in the Association as provided in
this Declaration.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Each owner of a lot shall be a member of
the Association. Membership shall be appurtenant to and may not
be separated from ownership of a lot.
Section 2. The Members shall be owners of Lots and
shall be entitled to one vote for each lot owned. When more
than one person owns a lot, all such persons shall be members.
The vote for a lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with
respect to any lot.
ARTICLE III
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Every owner of the Association shall have a
right and easement of enjoyment in and to the Common Properties
which shall be appurtenant to and shall pass with the title to
every Lo t .
Section 2. The rights and easements of enjoyment
created hereby and the title of the Association to the Common
Properties shall be subject to the following:
(2)
,.
a. The right of the Association, in accordance with
its Articles and By-Laws, to borrow money for the
purpose of improving, repairing or maintaining the
Common Properties, or any improvements located
thereon, and in aid thereof with the assent of
two-thirds (2/3rds) of the membership to mortgage
said Common Properties, and the rights of said
mortgagee in said Common Properties shall be
subordinate to the rights of the Association's
members created by this Declaration.
b. The right of the Association to take such steps
as are reasonably necessary to protect said Common
Properties against foreclosure.
c. The rights of the Association, as provided in
its Articles and By-Laws, to suspend the enjoyment
rights of any member of the Association for any
period during which any assessment remains unpaid,
and to suspend the said enjoyment rights for any
period not to exceed sixty (60) days for each
infraction of its published rules and regulations;
provided, however, that nothing contained in this
paragraph 2.c. shall be deemed to deny an owner, his
tenants, invitees or licensee's, access to and from
his Lot located in Windsong.
d. The rights of the Association, as provided in
its Articles and By-Laws, to impose a reasonable fee
or admission charge for the use of the Common
Properties.
e. The right of the Association to grant easements
for public utility purposes to any municipality or
public utility, for the purpose of installation and
maintenance of necessary utilities to serve the
Cornman Properties or to serve any Lot located in
Windsong; provided, however, that said public
utility easements shall not be inconsistent with the
use of said Common Properties for the purpose for
which they are being used.
f. The rights of the Association, as provided in
its Articles or By-Laws, to sell, lease, exchange or
dispose of the Common Properties.
(3 )
,Ie
ARTICLE IV
DESIGN REVIEW
1. The construction of any structure, fence, wall, utilities,
driveway, or landscaping shall not commence on any lot until
plans and specifications have been submitted to and approved in
writing by the Developer (H ~ H Land Development Co.). Developer
shall have a maximum of 30 days to approve or disapprove of said
plans. If the Developer makes no response within said 30 days,
the plans and specifications shall be deemed to be approved.
This clause shall apply to additions as well as initital
construction.
2. The minimum finished living area (excluding porch and garage)
of each residential structure shall be at least 2,000 square
feet. In addition, all residential structures shall conform to
the following area requirements:
a. A minimum area of 1,600 square feet - above ground
level - for a structure having one floor above ground
level.
b. A minimum area of 1,400 square feet - foundation
measure - for a multi-leveled structure.
c. A minimum area of 1,200 square feet
measure - for a two-story dwelling.
foundation
3. All roofs shall be of high quality asbestos shingle (example
Timberline) or cedar shingle or shake or approved alternate.
4. Driveways from the street to the dwelling must be constructed
of concrete or asphalt material.
5. No detached garages or other outbuildings shall be permitted
on any lot.
6. At a future date, determined by the developer, the
responsibility to review specifications and plans may be
delegated to the board of directors of Windsong on the Lake
Association, Inc. or three or more representatives appointed by
that board of directors.
(4)
~
ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENTS
Section 1. Each Owner of any Lot by acceptance of a
deed therefor, whether or not it shall be so expressed in any
such deed or other conveyance, shall be and hereby is deemed to
covenant and agree to pay to the Association: (a) annual
assessments or charges; (b) special assessments for capital
improvements, such assessments to be fixed, levied, established
and collected from time to time as hereinafter provided. The
annual and special assessments, together with such interest
thereon and costs of collection thereof as hereinafter provided,
shall be a charge on each such Lot and shall be a continuing lien
on each such Lot against which each such assessment is made.
Each such assessments, together with such interest thereon and
costs of collection thereof, as hereinafter provided, shall also
be the personal obligation of the person or legal entity who was
the Owner of each such Lot at the time when the assessment fell
due. The personal obligation for delinquent assessments shall
not pass to such Owner's successor in title to the property
against which such assessment was made unless expressly assumed
by such successor.
Section 2. The assessments levied by the Association
shall be used exclusively for the purpose of promoting the
recreation, health safety and welfare of the residents in
'Windsong and in particular for the improvement and maintenance of
properties, services and facilities devoted to this purpose and
related to the use and enjoyment of the Common Properties
including but not limited to, the payment of taxes, insurance in
regard to the Association owned property, the Common Properties
and the use thereof, repair, replacement and additions, and for
the cost of labor, equipment, materials, management and
supervision.
Section 3. In addition to the annual assessments
authorized herein, the Association may levy, in any assessment
year, a special assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital
improvement upon the Common Properties, including fixtures and
personal property related thereto, provided that any such
assessment shall have the assent of two-thirds (2/3rds) of the
votes of the members who are voting in person or proxy at the
meeting duly called for this purpose.
Section 4. Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 of this
Article shall be sent to all members not less than twenty-one
(21) days nor more than sixty (60) days in advance of the
meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast fifty percent (50%) of all
the votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting may be
called subject to the same notice requirement, and the required
(5 )
quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum of the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 5. Both annual and special assessments, must be
fixed at a uniform rate and may be collected on a monthly, or
quarterly, or annual basis.
Section 6. The annual assessments provided for herein
shall commence as to all Lots on the first day of the month
following the conveyance of the Common Properties.
Section 7. The Association's Board of Directors shall
fix the date of commencement and the amount of the assessment
against each Lot for each assessment period at least twenty (20)
days in advance of such date or period and shall at the time
prepare a roster of the Lots and assessments applicable thereto
which shall be kept in the office of the Association and shall be
open to inspection by any Owner. Written notice of the
assessment shall thereupon be sent to every Owner subject
thereto.
The Association shall upon demand and for a reasonable
charge at any time furnish to any Owner liable for said
assessment a Certificate in writing signed by an officer of the
Association setting forth whether the assessments on a specified
Lot has been paid. Such Certificate shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
\
Section 8. If the assessments are not paid on the date
when due tllen such assessment shall become delinquent and shall,
together with such interest thereon and cost of collection
thereof, as hereinafter provided, become a continuing lien on the
Lot, which shall bind such properties in the hands of the then
Owner, his heirs, devisees, personal representatives and assigns.
Said lien on the Lot may be enforced and foreclosed by action at
law in the same manner as a mortgage. The personal obligation of
the then Owner to pay such assessment, however, shall not pass to
his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days
after the delinquency date, the assessment shall bear interest
from the date of delinquency at the prime rate of the First Bank
of Minneapolis floating from time to time per annum and the
Association may bring An action at law against the Owner
personally obligated to pay the same, or to foreclose the lien
against the Lot, and there shall be added to the amount of such
assessment the cost of preparing and filing the complaint in such
action; and in the event a judgment is obtained, such judgment
shall include interest on the assessment as above provided, and a
reasonable attorney's fee to be fixed by the Court, together with
the cost of the action. No Owner may waive or otherwise escape
liability for the assessments provided for herein by nonuse of
the Common Properties or abandonment of his Lot.
(6)
Section 9. The lien of the assessment as provided for
herein shall be subordinate to the lien of any first mortgage now
or hereafter placed upon a Lot subject to assessments; provided,
however, that such subordination shall apply only to the
assessments which have become due and payable prior to a sale or
transfer of a Lot pursuant to a decree of foreclosure or any
other proceeding in lIeu of foreclosure, such sale or transfer
shall not release a Lot from liability for any assessments
thereafter become due, nor from the lien of any subsequent
assessments.
~ection 10. The following property subject to this
Declaration shall be exempted from the assessments, charges and
liens created herein:
a. All properties to the extent of any easement or
other interest therein dedicated to an accepted by
the United States of America, the State of
Minnesota or any agency or political subdivision
thereof and devoted to public use.
b. All Common Properties as defined in Article I,
Section 5, hereof.
Notwithstanding any provisions herein, no land or
improvements devoted to dwelling use shall be exempt from said
assessments, charges or liens.
ARTICLE VI
EXTERIOR MAINTENANCE
Section 1. In the event that an Owner of any Lot in
Windsong which is subject to assessment shall fail to maintain
the premises or to maintain or repair the exterior of any
improvements situated thereon in a manner satisfactory to the
Association's Board of Directors, then the Association, upon
approval of a resolution to do so by a two-thirds (2/3rds) vote
of all of the members of the Board of Directors, may provide
exterior maintenance upon said Lot, and the improvements situated
thereon, as follows: paint, repair, replace, and care for roofs,
gutters, downspouts, exterior building surfaces, trees, shrubs,
grass, walks, driveways and all other exterior improvements.
Section 2. The cost of such exterior maintenance or
repair shall be assessed against the Lot upon which such
maintenance is done and shall be added to and become a part of
the annual maintenance assessment or charge to which such Lot is
subject under Article V hereof; and as part of such annual
assessment or charge, it shall be a lien or obligation of the
Owner and shall become due and payable in all respects as
provided in Article V, hereof; provided that the Board of
Directors of the Association, when establishing the annual
assessment against each Lot for any assessment year as required
under Article V hereof, may add thereto the estimated cost of the
exterior maintenance or repair for that year but shall thereafter
make such adjustment with the Owner as is necessary to reflect
the cost thereof.
(7)
Section 3. For the purpose solely of performing, the
exterior maintenance or repair authorized by this Article, the
Association, through its duly authorized agents, employees or
contractors, shall have the right, after reasonable notice to the
Owner, to enter upon any Lot at reasonable hours of any day.
ARTICLE VII
NIJISANCES PROHIBITED; CREATION OF BUILDING SETBACK
No nOKious or offensive activity shall be carried on
upon any Lot nor shall anything be done thereof which may be or
may become an annoyance or nuisance to persons resident in
Windsong.
No sign shall be placed on any Lot eKcept that one "for
sale" sign may be placed on any Lot.
No birds, animals or insects shall be kept on any Lot
eKcept that each Lot owner may keep a maximum of 2 dogs, 2 cats,
and other common household pets, provided that they are not )(ept,
bred or maintained for any commercial purposes. All kennels must
be approved by the design review procedure set forth in Article
IV hereof.
No objectionable trees or shrubbery, such as cottonwood
and bOK elder trees, shall be planted or permitted to remain on
any Lot subject hereto.
No profession or home industry shall be conducted in or
on any Lot without the specific written approval of the
Association. The Association in its discretion, upon
consideration of the circumstances in each case, and particularly
the effect on surrounding property, may permit a Lot to be used
in whole or in part for the conduct of a professional or home
industry. No such profession or home industry shall be
permitted, however, unless it is considered by the Association to
be compatible with a high quality residential neighborhood.
ARTICLE VIII
DEVELOPER RIGHTS
The Developer or any legal entity specifically
designated by the Developer reserves the right to elect the
members of the Board of Directors of the Association until
twenty-eight (28) lots in Windsong have been conveyed by the
Developer or its successor by Warranty Deed. Upon the conveyance
of the twenty-eighth (28th) lot by Warranty Deed, Developer
covenants to deposit the sum of $14,000.00 to the Association's
bank account. Nothing contained in this Article VIII shall
preclude, prevent, waive, or release the owners of a lot in
Windsong from the obligation to pay when due, any assessment
provided by this Declaration of Covenants, Conditions and
Restrictions until twenty-eight (28) lots are sold.
(8)
~.
ARTICLE IX
NONDISCRIMINATION
Any person, when he becomes an Owner, agrees that
neither he nor anyone authorized to act for him will refuse to
sell or rent, after the making of a bona fide offer, or refuse to
negotiate for the sale or rental of, or otherwise make
unavailable or deny any of the property owned by him in Windsong
to any person because of race, color, religion, sex or national
origin. Any restrictive convenant affecting the property covered
by this Declaration relating to race, color, religion, sex or
national origin which is inconsistent with this Article, is
recognized as being illegal and void and is specifically
disclaimed.
ARTICLE X
MISCELLANEOUS
Ownership of the following lots, which have been divided
solely for platting purposes, shall be appurtenant to each other,
not separated and conveyed as a single unitary parcel as follows:
a. Block 5, Lots 5 and 6 are appurtenant to each
other;
b. Block 5, Lots 7 and 8 are appurtenant to each
other.
ARTICLE XI
GENERAL PROVISIONS
Section 1. The covenants, conditions, restrictions and
easements of this Declaration shall run with the bind of the land
and shall inure to the benefit of and be enforceable by the
Association or the Owner of any Lot subject to this Declaration,
their respective legal representatives, heirs, successors and
assigns, for a term of thirty (30) years from the date this
Declaration is recorded, after which time said covenants,
conditions, restrictions and easements shall be automatically
renewed for successive periods of ten (10) years. The covenants
and restrictions of this Declaration may be amended during the
first thirty (30) year period by an instrument signed by not less
than ninety percent (90%) of the Owners and thereafter by an
instrument signed by not less than seventy-five percent (75%) of
the Owners. Any amendments must be properly recorded.
Section 2. Any notice required to be sent to any
Association Member or Owner under the provisions of this
Declaration shall be deemed to have been properly sent when
mailed postpaid to the last known address of the person who
appears as Member or Owner on the records of the Association at
the time of such mailing.
(9)
Section 3. Enforcement of these covenants, conditions
and restrictions shall be by any proceeding at law or in equity
against any person or persons violating or attempting to violate
any covenant or restriction either to restrain violation or to
recover damages and against the land to enforce any lien created
by these covenants; and failure by the Association or by any'
Owner to enforce any covenant or restriction herein contained
shall in no event be deemed as waiver of the right to do so
thereafter.
Section 4. Invalidation of anyone of these covenants
or restrictions by judgment or court order shall in no wise
affect any other provision which shall remain in full force and
effect.
H & H LAND DEVELOPMENT
COUNTY OF HENNEPIN
)
)
)
ss
STATE OF MINNESOTA
The foregoing instrument was acknowledged before me
this ~~ day of January, 1988 by Donald L. Harvey, one of the
general partners of H & H Land Development, a general partnership
under the laws of Minnesota, on behalf of the partnership.
Ralph W. Heuschele
Attorney at Law
10800 Lyndale Avenue South
Bloomington MN 55420
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This instrument was drafted by:
(10)
EXHIBIT "A"
TO
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF:
WINDSONG ON THE LAKE
Blocks 1, 2, 3, 4 and 5 and Outlots A, B, C, D, E. F and
G. Windsong on the Lake, according to the recorded plat thereof,
County of Scott, Minnesota.
(11)
~
EXHIBIT "B"
TO
AMENDED DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
OF
WINDSONG ON THE LAKE
The following shall constitute the "Common Properties"
as that term is used in the Amended Declaration of Covenants,
Conditions and Restrictions of Windsong on the Lake dated the
14th day of October, 1984:
Outlots B, C, D, E, F, and G as shown on the recorded
plat of Windsong on the Lake, a copy of which is on file and of
record in the office of the Scott County Recorder and Scott
County Register of Titles, Document No. 209282, and any
improvements constructed thereon.
(12)