77-5 - Sunnyslope Addition SUB pt 311-5 VAQ4
LAR5019 & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402
CRAIG M. MERTZ
OF COUNSEL April 10, 1978
HARVEY E. SKAAR
MARK C. McCULLOUGH
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen, MN 55317
Dear Bruce:
TELEPHONE
(612) 335-9565
Re: Sunny Slope First Addition
Allen Gray Subdivision
You have requested that I review the Articles of Incorporation of
Sunny Slope Homeowners' Association and the Declaration of Cove-
nants, Conditions and Restrictions intended to govern the sub-
division. My comments are as follows:
Articles of Incorporation
Private streets should be included under Article II(b), as I
believe.this was the initial intent of the developers.,
Declaration of Covenants`, Conditions and Restrictions
Article II: The legal descriptions furnished in Section 1 appear
to.be a duplication. It would seem to me to be more appropriate,
subject to requirements of the County, that the property subject
to the declaration be described as follows:
All lots, outlots,.tracts and parcels of land lying
and being within Sunny Slope First Addition, according
to the plat thereof on file with the County Recorder
of Carver County,.Minnesota.
Article II.I, Section 2;` �Zoting Rights; My review :of the voting
rights of-Class_A members leads mee to the conclusion that Class A
members, are those owners -as defined in (g) of Article I, .Section
1, rather than (f) .
Article V: Covenants for Maintenance Assessments.- We. render no
opinion as to the validity of the concept of private -.assessments.
[�$g1011 Vi3����,,
4 At IR 1978
ifs RECEIVED ;5�'i
1 VILLAGE". of _
ti,.0 GHANHABgp�, d
MINK yi
Mr. Bruce Pankonin
Re: Sunny Slope First Addition -2- 4/10/78
General Comments
It is my opinion that it is essential to the interests of the city
that it receive from the owners of Outlots A,B, and C, a non-
exclusive easement for ingress and egress over said properties as
shall be necessary for public service -and utility purposes. This
easement should be broad enough to include fire, police, and
public service utilities. I recommend that a separate easement
document be drafted incorporating this concept and placed of
record in the office of the County Recorder
There are a number of typographica-1 or-rors in both documents, which
can be corrected on final editiyfq.
very/ttuly )yo-yrs
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
cc: Donald W. Ashworth
Allen Gray
Bruce Bundgaard
0
Rev. 4/13/78 RH
1
CITY OF CHANHASSEN
SUNNY SLOPE DEVELOPMENT CONTRACT
THIS AGREEMENT, made and entered into this day of
, 1978, by and between the CITY OF CHANHASSEN, a Minne-
sota municipal corporation, hereinafter referred to as the City, and
ERNEST BUNDGAARD and MARY LEE BUNDGAARD, hereinafter referred to as
the Developers.
WITNESSETH:
WHEREAS, the Developers are the fee owners of certain lands
located in Government Lot 3, Section 24, Township 116 North of Range
23 West, Carver County, Minnesota, and situated in the City of Chan-
hassen; and
WHEREAS, the Developers have made application under the
City Subdivision and Zoning Ordinances for City Council approval of
single family residential development preliminary plat of said lands
and rezoning from R1A, Agricultural Residence District to P-1, Planned
Residential Development District, said plat to contain approximately
5.4 acres, divided into 12 lots and 2 outlots, and to be known as
Sunny Slope Addition; a copy of said proposed plat as prepared by Lot
Surveys Company, surveyors, dated September 20, 1977, being attached
hereto as Exhibit "A" and hereafter referred to as "plat;" and
WHEREAS, the City Council by its resolution passed November
21, 1977, has approved said preliminary plat and rezoning, subject to
and on condition that the Developers enter into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, gutters, driveways,
storm and surface water drainage facilities, street signs and lighting,
municipal sanitary sewer facilities and underground electric and tele-
phone service lines to all lots in plats approved by the City, all of
the foregoing hereinafter sometimes referred to as improvements; and
WHEREAS, the Developers have made application to the City
to be allowed at Developers' expense to construct, install and perform
all work and furnish all materials in connection with the installation
of the following improvements:
a. Street grading, stabilizing, and bituminous surfacing;
b. Concrete curbs and gutters;
C. Sanitary sewer mains;
d. Street signs;
e. Underground electric and telephone utility lines;
f. Street lighting;
g. Tennis court, putting green and off-street parking areas.
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0
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the preliminary plat of Sunnyslopo
Addition, the City and the Developers agree as follows;
1. Improvements by Developers. Developers agree at
their expense to construct, install and perform all work and furnish
all materials and equipment in connection with the installation of the
following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Concrete curbs and gutters;
C. Sanitary sewer mains;
d. Street signs;
e. Underground electric and telephone utility lines;
f. Street lighting;
g. Tennis court, putting green and off-street parking
areas.
2. Standards of Construction. Developers agree that all
of the foregoing improvements shall equal or exceed City standards,
shall be constructed and installed in accordance with engineering plans
and specifications approved by the City engineers and the requirements
of applicable City ordinances and standards, and that all of said work
shall be subject to the supervision of the City engineers.
3. Materials and Labor. All of the materials to be employed
in the making of said improvements and all of the work performed in
connection therewith shall be of uniformly good and workmanlike quality,
shall equal or exceed City standards and specifications, and shall be
subject to the inspection and approval of the City. In case any
material or labor supplied shall be rejected by the City as defective
or unsuitable, then such rejected material shall be removed and replaced
with approved material,azd rejected labor shall be done anew to the
satisfaction and approval of the City at the cost and expense of the
Developers.
4. Schedule of Work. The Developers further agree that
they shall commence work hereunder on or before June 1, 1978, and shall
have all work done and improvements fully completed to the satisfaction
and approval of the City on or before September 1, 1979. The Developers
shall submit a written schedule indicating the proposed progress
schedule and order of completion of work covered by this contract,
which schedule shall be a part of this contract. Upon receipt of written
notice from the Developers of the existence of causes over which the
Developers have no control which will delay the completion of the work,
the City, in its discretion, may extend the date hereinafter specified
for completion.
5. Roads and Sanitary Sewer Facilities.
a. The Developers agree to cause their engineers to prepare
all plans and specifications necessary for the installation
of roads and sanitary sewer facilities in said plat, said
plans and specifications to be in substantial accord with
-2-
proposed plans thereof prepared by
and filed with the City on 1978, the
general layout of said improvements being shown on plan
dated hereto attached as Exhibit "B".
All plans and speci ications shall be subject to the final
approval of the City engineers.
b. Upon completion of construction, Developers shall cause
their engineers to prepare and file with the City an "as
built" plan showing the installation of the foregoing
facilities within the plat.
6. Reimbursement of Costs. The Developers shall reimburse
the City for all costs, including reasonable enginering, legal, planning
and administrative expenses, incurred by the City in connection with all
matters relating to the administration and enforcement of the within
agreement and the performance thereof by the Developers.
7. Disclaimer by City. It is understood and agreed that
the City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the
Developers, the Developers' contractors or sub -contractors, materialmen,
laborers, or to any other person, firm or corporation whomsover, for
any debt, claim, demand, damages, actions or causes of action of any
kind or character arising out of or by reason of the execution of
this agreement or the performance and completion of the work and
improvements hereunder; and that the Developers will save the City, the
City Council, and the agents and employees of the City harmless from
any and all claims, damages, demands, actions or causes of action arising
therefrom and the costs, disbursements and expenses of defending the same
8. Written Change Orders. The Developers shall do no work
nor furnish materials not covered by the plans and specifications for
which reimbursement is expected from the City unless a written order
for such work or materials is received from the City. Any such work or
materials which may be done or furnished by the Developers without such
written order first being given shall be at its own risk, cost and
expense, and Developers hereby agree that without such written order,
Developers will make no claim for compensation for work or materials
so done or furnished.
9. Performance Bond. For the purpose of assuring.to the Cit
that the improvements to be by the Developers constructed, installed
and furnished as set forth in Paragraph 1 hereof shall be constructed,
installed and furnished according to the terms of this agreement, and tha
the Developers shall pay all claims for work done and materials and
supplies furnished for the performance of this agreement, Developers
agree to furnish to the City a cash deposit in the amount of $ 57,949.00
or in lieu thereof a corporate surety bond in said amount approved by
the City and naming the City as obligee thereunder, or an irrevocable
letter of credit approved by the City, said deposit, bond, or letter of
credit, as the case may be, being conditioned upon the performance by
the Developers of their obligations hereunder, said sum being equal to
110% of the total cost of such improvements as estimated by Schoell &
Madson, Inc., the City Engineers.
-3-
10. Driveways. The Developers agree to furnish, construct
and install, at Developers' sole expense, driveway surfacing for the
benefit of each lot within the plat, the materials and installation of
which shall be approved by the City engineers.
For the purpose of assuring to the City that the improve-
ments required by this Paragraph 10 shall be constructed and installed
according to the requirements of this Agreement, Developers or their
assigns agree to deposit the sum of $ 300.00 per lot with the
City at the time application is made for a building permit for each lot.
Said deposit shall be returned to the Developers or their assigns upon
approval of the installations by the City.
11. Erosion Control. Developers, at their expense, shall
provide temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as shall be needed, in the judgment
of the City engineers, to prevent the washing, flooding, sedimentation
and erosion of lands and roads within and outside the plat during all
phases of construction, including construction on individual lots.
Developers shall keep all streets within and outside the plat free of
all dirt and debris resulting from construction therein by the
Developers or their agents.
12. Access. Reasonable access, including temporary grading
and graveling, shall be provided to all occupied residences in the plat
until the streets are accepted by the City.
13. Street Lighting. The expense of furnishing electrical
energy for street lighting purposes within the plat shall be the sole
obligation of the Developers and their assigns. The Developers shall
install the City approved street lights at the Lake Riley Boulevard
intersection with the plat entrance street, and the furnishing of
electrical energy, therefore, shall be the obligation of the Developers
and their assigns.
14. Replacement. All work and materials performed and
furnished hereunder by the Developers, their agents and subcontractors,
found by the City to be defective within one year after acceptance by
the City, shall be replaced by Developers at Developers' sole expense.
15. Liability Insurance. The Developers shall take out
and maintain during the life of this agreement public liability and
property damage insurance covering personal injury, including.death,
and claims for property damage which may arise out of the Developers'
work or the work of its subcontractors, or by one directly or indirectly
employed by any of them. Limits for bodily injury or death shall be not
less than $100,000 for one person and $300,000 for each accident; limits
for property damage shall be not less than $100,000 for each accident.
The City shall be named as co-insured on said policy and the Developers
shall file a copy of the insurance coverage with the City.
16. Sewer Revenues. All sanitary sewer services charges
shall at all times be billed by the City, and all revenues derived
therefrom shall be the sole property of the City.
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17. Conveyance of Improvements_ Upon completion of the
installation by Developers of the sanitary sewer improvements set
forth in Paragraph 1 hereof in accordance with the plans and speci-
fications hereunder and the written approval by the City, the Developers
shall convey said sanitary sewer improvements to the City free of all
liens and encumbrances and with warranty of title. Should the
developers fail to so convey said improvements, the same shall become
the property of the City without further notice or action on the part
of either party hereto, other than acceptance by the City.
18. Building Permits. The Developers covenant and agree
that no building permits shall be requested and the City shall not be
required to issue any building permits for construction in the said
plat until the Developers have completed the installation of the im-
provements set forth in Paragraph 1 hereof to the City specifications,
and that issuance of any building permit or permits to the Developers
prior to the acceptance of said improvements shall not constitute a
waiver by tYe City of its rights hereunder to require completion of said
improvements before issuance of additional building permits. Breach of
any terms of the within agreement by the Developers shall be grounds
for denial of building permits within the plat.
19. Construction by City. The Developers agree that the
City, at the option of the City, can install and construct any work or
improvements required herein to be made by the Developers. In the
event the City makes any such improvements under its power to make local
improvements and specially assess the cost thereof, wholly or in part,
under Minnesota Statutes, Chapter 429, the Developers agree to pay the
entire amount of the assessment roll pertaining to any such local
improvement within thirty (30) days after its adoption. Developers
agree that in the event of their failure to pay in full any such special
assessment within the time prescribed herein, the City shall have a
specific lien on all of Developers' real property within said plat for
any amount so unpaid, and the City shall have the right to foreclose said
lien in the manner prescribed for the foreclosure of mechanic's liens
under the laws of the State of Minnesota.
20. Special Conditions.
a. Landscaping and location of structures on individual lots
shall be determined through discussions between City staff
and Developers or their assigns prior to issuance of building
permits, subject to the following standards and conditions:
i. Landscaping and location of structures shall take into
consideration the preservation of trees, slope protec-
tion, subsurface drainage, prevention of siltation,
and similar potential problems.
ii. In the event agreement cannot be reached between the
City Staff and Developers or their assigns, the City
shall have the right, at the expens.e of the Developers of
their assigns, to engage the services of the City Enginee:
-5-
Planner, a landscape architect, a soil conservation
consultant, and others, to advise as to specific
problems.
iii. The certificate of occupancy for each homesite, or
covenants and restrictions, may contain conditions
for tree maintenance, and restrictions on tree
removal after consultations with the City Forrester.
b. Developers acknowledge receipt of the reports of the
City Zoning Administrator, Engineer and Planner relating
to said plat, which reports are incorporated herein by
reference and made a part hereof, and Developers agree to
comply with the conditions of said reports consistent with
the provisions of the within contract.
C. Side and rear lot utility easements on all lots shall
be shown on the final plat.
d. A perpetual utility and drainageeasement 20 feet in
width, centered on the side lot lines of Lots 7 and 8 of
said plat, shall be granted to the City.
e. Outlots A and B of said plat shall be reserved for the
sole use of property owners within the plat. Developers
shall organize a homeowners' association in the form of a
non-profit corporation, and said Outlots shall be conveyed
to and managed by said association. The articles of incor-
poration and by-laws of the association shall be approved
by the City Attorney. For purposes of this agreement, said
Outlots shall be classed as non -dedicated common open space
under the Chanhassen Zoning Ordinance to which the provisions
of §21.03 thereof shall apply.
Said Outlots A and B shall be improved in the manner set
forth on Developers' Site Plan dated July 25, 1977, as
prepared by K.K. Designs, hereto attached as Exhibit "C",
which site plan is incorporated herein by reference and
made a part of this agreement.
f. All proposed covenants and restrictions for said plat
shall be approved by the City Attorney.
g. All streets within said plat shall be owned and main-
tained in good and serviceable condition by the homeowners'
association to be created under the provisions of §20(e)
hereof, and said streets shall be -classed as non -dedicated
common open space under the Chanhassen Zoning Ordinance to
which the provisions of §21.03 thereof shall apply.
h. The City, its employees, agents, successors and assigns,
fire, police and public service utilities shall have a non-
exclusive easement for ingress and egress over all streets
within the plat as shall be necessary for public service
and utility purposes.
i. No vehicle parking shall be permitted on any of the
streets within the plat.
j. Until otherwise directed by the City, all streets
within said plat shall be constructed of 12 inch crushed
rock with a seal coat driving surface. Said streets shall
be provided with 6 inch surmountable concrete curb and
gutter.
21. Remedies Upon Default. In the event the Developers
shall default in the performance of any of the covenants and agreements
herein contained, and such default shall not have been cured within
30 days after receipt by the Developers of written notice thereof,
the City, if it so elects, may cause any of the required improvements to
be constructed and installed, and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative expense
incurred by the City, to be assessed as a special assessment against
the benefited property in the manner provided by law. In addition to
the foregoing, the City may also institute legal action against the
Developers and the corporate surety on their performance bond, if any,
or utilize any cash deposit made hereunder, or draw upon any letters of
credit filed hereunder, to collect, pay or reimburse the City for the
cost of making any of said improvements. In the event of an emergency
as determined by the City Engineers, the notice requirements to the
Developers shall be and hereby are waived in their entirety, and the
Developers shall. reimburse the City for any expense incurred by the
City in remedying the conditions creating the emergency.
22. Address of Developers. The address of the Developers
for purposes of this development contract is: 323 Normandale Office
Park, 8200 Normandale Boulevard, Bloomington, MN 55437.
23. Successors and Assigns. It is agreed by and between
the parties hereto that the agreement herein contained shall be binding
and inure to the benefit of their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
Ernest Bundgaard
CITY OF CHANHASSEN
By _
MAYOR
Mary Lee Bundgaard Attest:
City Manager
-7-
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this day of , 1978, before me, a
notary public within and for said County, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, they did say that they are respectively the Mayor
and the City Manager of the corporation named in the foregoing instru-
ment, and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
STATE OF MINNESOTA }
ss.
COUNTY OF CARVER )
On this day of 1978, before me, a
notary public within and for said County, personally appeared Ernest
Bundgaard and Mary Lee Bundgaard, to me known to be the persons describe(
in, and who executed the foregoing instrument, and acknowledged that
they executed the same as their free act and deed.
Notary Public
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T.VOSLER �r
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON SCHOELL MADSON, INC.
RAYMOND J. JACKSON���
WILLIAM J. BREZINSKY ENGINEERS AND SURVEYORS
JACK E. GILL
ROONEY B. GDRDON
THEODORE D. KEMNA
JOHN W. EMOND 16121 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT' OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
BRUCE C. SUNDING
February 18, 1978
Mr. Don Ashworth, Manager
City Hall
7610 Laredo Drive
Chanhassen, MN 55317
Dear Don:
A while ago we discussed the possibility of our firm's doing both engineer-
ing and surveying work for developers in Chanhassen, a practice specifically
prohibited by our existing agreement with the City, without special permission
on each project. My recollection is that this would be discussed with the
Council when convenient and that we might have an opportunity to explain our
feelings.
Bill Brezinsky has made up a proposed schedule for our responsibilities
on the "Lake Susan Hills Area" improvements, as attached. You can see that
even with this fairly accelorated schedule, bids can not be taken until about
June 8th, a little later than we prefer to get a project started in the year.
This also presupposes excellent cooperation between the developers profession-
als and us, if we do only the "public" portion of the work.
One has only to recall the extreme dissatisfaction experienced on both the
Minnewashta Woods and the Peterjohn subdivision, delays, failure to give ade-
quate notice when the contractor was to work on the site, too -early payments
to the contractors, etc. to see what difficulties may be experienced when the
developer's professiona]S do not have quite the interest we do in coordinating
all work on the project.
This is to ask you to again discuss this question with the City Council.
Both for our own professional practice and, I believe, for the good of the City
and the people who will ultimately pay for the improvements being made, we
believe that we can do the complete job most expeditiously and without a con-
flict of interest, particularly when the Concept Plan stage is already finished
and acceptable to the Council.
We attach copies of today's TRIBUNE article describing our prize-winning
work on OPUS II for Minnetonka and the Rauenhorst Company to show how others
in our profession regard our design and coordinating efforts there. �.
Very truly yours,
Ni
FEB 1
SCHOELL & MADSON, INC.
WDSchoell: sd '
PIP � �
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL a
HARVEY E. SKAAR
MARK C. McCULLO UGH
IL
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA SS402
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen,
Dear Bruce,
Minnesota 55317
February 1, 1978
TELEPHONE
(612) 335-9565
Re: Allen Gray Sunnyslope Addition
Planning Case File P-300
Reference is made to your letter of January 31, 1978, on the proposed
development contract between Allen Gray and the City of Chanhassen
covering the proposed Sunnyslope Addition. I offer the following
comments in response to the concerns you enumerated in your letter:
1. It is my understanding that the gas company attends to the
placement of gas lines to service customers, and the placement of the
lines is by private agreement between the customer and the company.
I do not believe that these lines would be classed as an improvement
to be installed by the Developer, nor have we ever included them
in as a part of a contract.
2. I have included in the revised page one of the Contract a
provision for the installation of the tennis court, putting green,
and off-street parking areas. The retaining wall element would be
covered by Section 2.
3. See comment #2 above.
4. As to plans and specifications, see Subsection (e) of Section 20,
Special Conditions, appearing on page 6. See also Section 2 on page 2.
5. The performance bond will include a tennis court, putting green,
and off-street parking areas. See the City Engineer's report of
January 24, 1978.
` FEB 1978 to- 1
RECEIVED
C VO-AGE OF, i i
CHi11NmASSF-K. w
— MIIN& ,,
Mr. Bruce Pankonin Page Two February 1, 1978
6. I believe our provisions as shown in Section 11 are broad
enough to include all manner of erosion control devices, and the
key to the section is that these devices shall be as directed by the
City Engineers.
7. I have revised the street lighting section appearing in Section 13
to impose the obligation of this service on the Developers and their
assigns.
8. I do not believe that Section 18 is as restrictive as might be
thought at first glance. This is a provision in which we have used
in past development contracts, and, in my view, vests with the City
the right to issue or deny permits depending entirely on the stage
of development and the conditions as found in each instance.
9. You are correct in stating that the provision of Section 19 is
broad enough to allow the City to come in at some future date to
correct the deficiencies. See also Subsection (e) of Section 20,
Special Conditions, and Section 21.03 of the Chanhassen Zoning
Ordinance.
10. I believe the provision of paragraph 20, Subsection (i) is
adequate to control the concern expressed in your letter.
My cover letter discussed the designation of the private street as a
separate Outlot. To clarify this point, let me state that, in my
view, the common area which includes the off-street parking, putting
green and tennis court would be classed as Outlot A, and the street
would be classed as Outlot B. The two Outlots should be governed by
the Homeowners Association.
I have enclosed copies of revised es 1, 2 and 4, and I ask that
you please substitute these pa s for hose earlier submitted to you.
gy rs. RSON
RHL:jep
Enclosures
cc Donald W. Ashworth
Allen Gray
Bill Brezinsky
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. OAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. BREZINSKY
JACK E. GILL
THEODORE D. KEMNA
JOHN W.EMOND
KENNETH E. ADOLF
DANIEL R. BOXRUO
WILLIAM R. ENGELHARDT
M11
SCHOELL & MAOSON, INC.
ENGINEERS ANDSURVEYORS
7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
January 24, 1978
Mr. Russell H. Larson, Attorney
Larson & Mertz
1900 First National Bank Building
Minneapolis, Minnesota 55402
Subject: Allen Gray, Sunnyslope Addition,
Development Contract - Our File No. 7120.
Dear Mr. Larson:
We estimate the total cost of the improvements for the subject subdivision
to be $52,681, as itemized on the attached sheet. The performance bond required
should be 110 percent of this amount, or $57,949.
Note that the estimate includes improvement of the commons area as approved
by the City Council and Planning Commission. This work includes construction
of a tennis court, a putting green and off-street parking as well as miscel-
laneous landscaping.
If you have any questions, please contact us.
very truly yours,
SCHOELL & MADSQN, INC.
WJBrezinsky:bk
attachment
Cc: City of Chanhassen
JAN1978 .
RECEIVM
MiANHASSE ,, f�
S. MINN. r"7l
SCHOELL & MAOSON.INC.
January 24, 1978
COST ESTIMATE
SUNNYSLOPE ADDITION DEVELOPMENT CONTRACT
8" Sewer Pipe
8' - 10' Depth
10' - 12' Depth
Manholes
6" Services
6" Service Line
Connect to Lift Station
SUB -TOTAL
GRADING AND MISCELLANEOUS SITE
PREPARATION:
Grading
Clearing and Grubbing
Erosion Control - Hay Bales
SUB -TOTAL
STREET, CURB AND GUTTER:
Concrete Curb and Gutter
Crushed Rock (6" - 91')
Bituminous Wearing
Course (3")
SUB -TOTAL
COMMONS
Landscaping
Tennis Court Construction
Parking Area
Putting Green
Sodding
SUB -TOTAL
Street Lighting
Street Signs
SUB -TOTAL
350 L.F. @ $ 10.00/L.F. $ 3,500
118 L.F. @ $ 11.00/L.F. 1,298
3 Ea. @ $600.00/Ea. 1,800
6 Ea. @ $ 40.00/Ea. 240
100 L.F. @ $ 7.00/L.F. 700
Lump Sum 300
$ 7,838
Lump Sum $ 2,500
Lump Sum 500
300 L.F. @ $ 2.00/L.F. 600
$ 3,600
2,200 L.F. @ $ 3.50/L.F. $ 7,700
1,000 Tons @ 4.00/Ton 4,000
1,900 S.Y. @ $ 3.00/S.Y. 5,700
$ 17,400
Lump Sum $ 11000
Lump Sum 10,500
250 S.Y. @ $ 4.00/S.Y. 1,000
Lump Sum 1,000
200 S.Y. @ $ 1.50/S.Y. 300
$ 13,800
$ 900
SCHOELL & MAOSON.INC.
COST ESTIMATE - Continued
SUNNYSLOPE ADDITION DEVELOPMENT CONTRACT
TOTAL ESTIMATED CONSTRUCTION COSTS $ 43,538
Add 21 Percent for Engineering, Staking
and Inspection 9,143
TOTAL, ESTIMATED IMPROVEMENT COST $ 52,681
Performance Bond - 110 Percent Estimated Cost $57,949
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. MCCULLOUGH
LARSON & MERTZ
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA SS402
Mr. Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, MN 55317
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen, MN 55317
January 19, 1978
Mr. Allen Gray
323 Normandale Office Park
8200 Normandale Boulevard
Bloomington, MN 55437
Mr. Bill Brezinsky
Schoell & Madson, Inc.
50 Ninth Avenue South
Hopkins, MN 55343
Gentlemen:
JAN 1978
RECEIVED
vd.-LA69
CHAWAS
Re: Sunnyslope Addition
TELEPHONE
(612) 335-9565
Enclosed please find a draft copy of the proposed development contract
for the Allen Gray Subdivision at Lake Riley. I ask that you please
review this document and furnish me with your comments regarding it.
By this letter, I am asking Bill Brezinsky to establish the amount
of the performance bond called for in §9 and designed to cover the
costs of the improvements to be installed by the developers.
My file and all minutes of the proceedings leading up to approval of
this proposed development are silent on the question of street lighting.
As the streets within the plat are to be private, it may well be that
street lighting is also to be private and the obligation of the home-
owners' association.
Consideration should be
over which each of the
right of use.
RHL:mep
Enc1.
given to esi ting the streets a:
owners ithin the lat shall have a
Ve ours,
SS H. CARBON
Chanhassen City Attorney
an outlot
non-exclusive
lk
CITY OF CHANHASSEN
SUNNYSLOPE DEVELOPMENT CONTRACT
THIS AGREEMENT, Made and entered into this day of
, 1978, by and between the CITY OF CHANHASSEN, a Minne-
sota municipal corporation, hereinafter referred to as the City,
and ERNEST BUNDGAARD and MARY LEE BUNDGAARD, hereinafter referred
to as the Developers.
WITNESSETH:
WHEREAS, the Developers are the fee owners of certain lands
located in Government Lot 3, Section 24, Township 116 North of Range
23 West, Carver County, Minnesota, and situated in the City of Chan-
hassen; and
WHEREAS, the Developers have made application under the
City Subdivision and Zoning Ordinances for City Council approval of
single family residential development preliminary plat of said
lands and rezoning from RlA, Agricultural Residence District to P-1, J
Planned Residential Development District, said plat to contain appro-
ximately 5.4 acres, divided into 12 lots and 1 outlot0'.7'7
to
known as Sunnyslope Addition; a copy of said proposedas preparedby Lot Surveys Company, surveyors, dated September 20, being
attached hereto as Exhibit "A" and hereafter refeyred to as "plat"; and
01
WHEREAS, the City Council by its solution passed November
21, 1977, has approved said preliminary la and rezoning, subject to
and on condition that the Developers en into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, gutters, driveways,
storm and surface water drainage facilities, street signs and lighting,
municipal sanitary sewer facilities and underground electric and .--,VQf
telephone service lines to all lots in plats approved by the City, all
of the foregoing hereinafter sometimes referred to as improvements;
and
WHEREAS, the Developers have made application to the City
to be allowed at Developers' expense to construct, install and per-
form all work and furnish all materials in connection with the
installation of the following improvements:
a. Street grading, stabilizing, and bituminous surfacing;
b. Concrete curbs and gutters;
C. Sanitary sewer mains;
d. Street signs;
e. Driveway surfacing;
f. Underground electric and telephone utility lines;
g. Street lighting.
0o0bW,+
M
NOW, THEREFORE, in consideration of kgrforegoing premises
and acceptance by the City of the preliminary 1 of Sunnyslope
Addition, the City and the Developers agree as ollows:
1. Improvements by Developers. Developers agree at their
expense to construct, install and perform all work and furnish all
materials and equipment in connection with the installation of the
following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Concrete curbs and gutters;
C. Sanitary sewer mains;
d. Street signs;
Driveway surfacing;
Underground electric and telephone utility lines;
g. Street lighting.
2. Standards of Construction_ Developers agree that all
of the foregoing improvements shall equal or exceed City standards,
shall be constructed and installed in accordance with engineering plans
and specifications approved by the City engineers and the requirements
of applicable City ordinances and standards, and that all of said work
shall be subject to the supervision of the City engineers.
3. Materials and Labor. All of the materials to be
employed in the making of said improvements and all of the work
performed in connection therewith shall be of uniformly good and work-
manlike quality, shall equal or exceed City standards and specifications,
and shall be subject to the inspection and approval of the City. In
�Av case any material or labor supplied shall be rejected by the City as
defective or unsuitable, then such rejected material shall be removed
and replaced with approved material, and rejected labor shall be done
1y� anew to the satisfaction and approval of the City at the cost and
expense of the Developers.
4. Schedule of Work. The Developers further agree that
they shall commence work hereunder on or before ,
�197_, and shall have all work done and improvements fully completed to
the satisfaction and approval of the City on or before
19 The Developers shall submit a written schedule indicating the
-` roposed progress schedule and order of completion of work covered by
� this contract, which schedule shall be a part of this contract. Upon
% receipt of written notice from the Developers of the existence of causes
O N hover which the Developers have no control which will delay the completion
zof the work, the City, in its discretion, may extend the date herein-
after specified for completion.
5. Roads and Sanitary Sewer Facilities.
a. The Developers agree to cause their engineers to prepape
all plans and specifications necessary for the installation
of roads and sanitary sewer facilities in said plat, said
plans and specifications to be in substantial accord withe�
-2-
proposed plans thereof prepared by
and filed with the City on 1978, the
general layout of said improvements being shown on plan
dated hereto attached as Exhibit "B".
All plans and specifications shall be subject to the final
approval of the City engineers.
b. Upon completion of construction, Developers shall cause
their engineers to prepare and file with the City an "as
built" plan showing the installation of the foregoing
facilities within the plat.
6. Reimbursement of Costs. The Developers shall reimburse
the City for all costs, including reasonable enginering, legal, planning
and administrative expenses, incurred by the City in connection with all
matters relating to the administration and enforcement of the within
agreement and the performance thereof by the Developers.
7. Disclaimer by City. It is understood and agreed that
the City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the
Developers, the Developers' contractors or sub -contractors, materialmen,
laborers, or to any other person, firm or corporation whomsover, for
any debt, claim, demand, damages, actions or causes of action of any
kind or character arising out of or by reason of the execution of
this agreement or the performance and completion of the work and
improvements hereunder; and that the Developers will save the City, the
City Council, and the agents and employees of the City harmless from .
any and all claims, damages, demands, actions or causes of action arising
therefrom and the costs, disbursements and expenses of defending the same
8. Written Change Orders. The Developers shall do no work
q %nor furnish materials not covered by the plans and specifications for
which reimbursement is expected from the City unless a written order
Vl*ljfor O such work or materials is received from the City. Any such work or
materials which may be done or furnished by the Developers without such
�• written order first being given shall be at its own risk, cost and
expense, and Developers hereby agree that without such written order,
Developers will make no claim for compensation for work or materials
so done or furnished.
9. Performance Bond. For the purpose of assuring to the Cit
that the improvements to be by the Developers constructed, installed
and furnished as set forth in Paragraph 1 hereof shall be constructed,
installed and furnished according to the terms of this agreement, and tha
J the Developers shall pay all claims for work done and materials and
3 supplies furnished for the performance of this agreement, Developers
vO agree to furnish to the City a cash deposit in the amount of $ for in lieu thereof a corporate surety bond in said amount approved by
t the City and naming the City as obligee thereunder, or an irrevocable
letter of credit approved by the City, said deposit, bond, or letter of
credit, as the case may be, being conditioned upon the performance by
the Developers of their obligations hereunder, said sum being equal to
110% of the total cost of such improvements as estimated by Schoell &
Madson, Inc., the City Engineers.
-3-
w
10. Driveways. The Developers agree to
and install, at Developers' sole expense, driveway
benefit of each lot within the plat, the materials
which shall be approved by the City engineers.
furnish, construct
surfacing for the
and installation of
For the purpose of assuring to the City that the improve-
ments required by this Paragraph 10 shall be constructed and installed
according to the requirements of this Agreement, Developers or their
assigns agree to deposit the sum of $ per lot with the
City at the time application is made for a building permit for each lot.
Said deposit shall be returned to the Developers or their assigns upon
approval of the installations by the City.
11. Erosion Control. Developers, at their expense, shall
provide temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as shall be needed, inthe judgment
of the City engineers, to prevent the washing, flooding, sedimentation
and erosion of lands and roads within and outside the plat during all
phases of construction, including construction on individual lots.
Developers shall keep all streets within and outside the plat free of
all dirt and debris resulting from construction therein by the
Developers or their agents.
12. Access. Reasonable access, including temporary
and graveling, shall be provided to all occupied residences in
until the streets are accepted by the City.
energy
months
A system,
v` by the
grading
the plat
13. Street Lighting. The expense of furnishing electrical
for street lighting purposes shall be assumed by the City
after the completion of installation of the street lighting
or after of the building lots have been improved
construction of residences thereon, whichever is first to occur.
14. Replacement. All work and materials performed and
furnished hereunder by the Developers, their agents and subcontractors,
found by the City to be defective within one year after acceptance by
the City, shall be replaced by Developers at Developers' sole expense.
15. Liability Insurance. The Developers shall take out
and maintain during the life of this agreement public liability and
property damage insurance covering personal injury, including death,
and claims for property damage which may arise out of the Developers'
work or the work of its subcontractors, or by one directly or indirectly
employed by any of them. Limits for bodily injury or death shall be not
less than $100,000 for one person and $300,000 for each accident; limits
for property damage shall be not less than $100,000 for each accident.
The City shall be named as co-insured on said policy and the Developers
shall file a copy of the insurance coverage with the City.
16. Sewer Revenues. All sanitary sewer services charges
shall at all times be billed by the City, and all revenues derived
therefrom shall be the sole property of the City.
-4-
17. Conveyance of Improvements. Upon completion of the
installation by Developers of the sanitary sewer improvements set
forth in Paragraph 1 hereof in accordance with the plans and speci-
fications hereunder and the written approval by the City, the Developers
shall convey said sanitary sewer improvements to the City free of all
liens and encumbrances and with warranty of title. Should the
developers fail to so convey said improvements, the same shall become
the property of the City without further notice or action on the part
of either party hereto, other than acceptance by the City.
18. Building Permits. The Developers covenant and agree
that no building permits shall be requested and the City shall not be
required to issue any building permits for construction in the said
plat until the Developers have completed the installation of the im-
provements set forth in Paragraph 1 hereof to the City specifications,
and that issuance of any building pa mit or permits to the Developers
prior to the acceptance of said improvements shall not constitute a
waiver by tl-e City of its rights hereunder to require completion of said
improvements before issuance of additional building permits. Breach of
any terms of the within agreement by the Developers shall be grounds
for denial of building permits within the plat.
19. Construction by City. The Developers agree that the
City, at the option of the City, can install and construct any work or
improvements required herein to be made by the Developers. In the
event the City makes any such improvements under its power to make local
improvements and specially assess the cost thereof, wholly or in part,
under Minnesota Statutes, Chapter 429, the Developers agree to pay the
.� entire amount of the assessment roll pertaining to any such local
limprovement within thirty (30) days after its adoption. Developers
agree that in the event of their failure to pay in full any such special
assessment within the time prescribed herein, the City shall have a
kny
pecific lien on all of Developers' real property within said plat for
amount so unpaid, and the City shall have the right to foreclose saic
lien in the manner prescribed for the foreclosure of mechanic's liens
.a under the laws of the State of Minnesota.
20. Special Conditions.
a. Landscaping and location of structures on individual lot!
shall be determined through discussions between City staff
and Developers or their assigns prior to issuance of building
permits, subject to the following standards and conditions:
i. Landscaping and location of structures shall take into
consideration the preservation of 'trees, slope protec-
tion, subsurface drainage, prevention of siltation,
and similar potential problems.
ii. In the event agreement cannot be reached between the
City Staff and Developers or their assigns, the City
shall have the right, at the expens.e of the Developers c
their assigns, to engage the services of the City EngineE
-5-
Planner, a landscape architect, a soil conservation
consultant, and others, to advise as to specific
problems.
iii. The certificate of occupancy for each homesite, or
covenants and restrictions, may contain conditions
for tree maintenance, and restrictions on tree removal
after consultations with the City Forrester.
b. Developers acknowledge receipt of the reports of the
City Zoning Administrator, Engineer and Planner relating
to said plat, which reports are incorporated herein by
reference and made a part hereof, and Developers agree to
comply with the conditions of said reports consistent with
the provisions of the within contract.
C. Side and rear lot utility easements on all lots shall
be shown on the final plat.
d. A perpetual utility and drainage easement 20 feet in
width, centered on the side lot lines of Lots 7 and 8 of
said plat, shall be granted to the City.
e. Outlot A of said p lat shall be reserved for the sole
use of property owners within the plat. Developers shall
organize a homeowners' association in the form of a non-profit
1a�+ corporation, and said Outlot A shall be conveyed to and
managed by said association. The articles of incorporation
hand by-laws of the association shall be approved by the City
bAttorney. For purposes of this agreement, said Outlot A
f shall be classed as non -dedicated common open space under
the Chanhassen Zoning Ordinance to which the provisions of
§21.03 thereof shall apply.
Said Outlot A shall be improved in the manner set forth on
Developers' Site Plan dated July 25, 1977, as prepared by
K.K. Designs, hereto attached as Exhibit "C", which site
plan is incorporated herein by reference and made a part
of this Agreement.
f. All proposed covenants and restrictions for said plat
shall be approved by the City Attorney.
g. All streets within said plat shall be owned and main-
tained in good and serviceable condition by the homeowners'
association to be created under the provisions of §20(e)
hereof, and said streets shall be classed as non -dedicated
common open space under the Chanhassen Zoning Ordinance to
which the provisions of §21.03 thereof shall apply.
h. The City, its employees, agents, successors and assigns,
fire, police and public service utilities shall have a non-
exclusive easement for ingress and egress over all streets
within the plat as shall be necessary for public service
and utility purposes.
i. No vehicle parking shal},*b rmitted on any of the
streets within the plat. off 5
j. Until otherwise directed by the City, all streets
within said plat shall be constructed of 12 inch crushed
rock with a seal coat driving surface. Said streets shall
be provided with 6 inch surmountable concrete curb and
gutter.
21. Remedies Upon Default. In the event the Developers
shall default in the performance of any of the covenants and agreements
herein contained, and such default shall not have been cured within
days after receipt by the Developers of written notice thereof,
the City, if it so elects, may cause any of the required improvements to
be constructed and installed, and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative expense
incurred by the City, to be assessed as a special assessment against
the benefited property in the manner provided by law. In addition to
the foregoing, the City may also institute legal action against the
Developers and the corporate surety on their performance bond, if any,
or utilize any cash deposit made hereunder, or draw upon any letters of
credit filed hereunder, to collect, pay or reimburse the City for the
cost of making any of said improvements. In the event of an emergency
as determined by the City Engineers, the notice requirements to the
Developers shall be and hereby are waived in their entirety, and the
Developers shall reimburse the City for any expense incurred by the
City in remedying the conditions creating the emergency.
22. Address of Developers. The address of the Developers
for purposes of this development contract is: 323 Normandale Office
Park, 8200 Normandale Boulevard, Bloomington, MN 55437.
23. Successors and Assigns. It is agreed by and between
the parties hereto that the agreement herein contained shall be binding
and inure to the benefit of their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
Ernest Bundgaard
Mary Lee Bundgaard
CITY OF CHANHASSEN
By
MAYOR
Attest:
City Manager
-7-
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this day of
, 1978, before me, a
notary public within and for said County, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, they did say that they are respectively the Mayor
and the City Manager of the corporation named in the foregoing instru-
ment, and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
STATE OF MINNESOTA )
ss .
COUNTY OF CARVER )
On this day of
Notary Public
1978, before me, a
notary public within and for said County, personally appeared Ernest
Bundgaard and Mary Lee Bundgaard, to me known to be the persons described
in, and who executed the foregoing instrument, and acknowledged that
they executed the same as their free act and deed.
Notary Public
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E.SKAAR
LARSON SIC MERTZ, LTD.
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA SS402
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen, MN 55317
Dear Bruce:
November 17, 1977
Re: Allen Gray Subdivision
TELEPHONE
(612) 33S-9S6S
Please be advised that I have made the necessary title examination
of the Allen Gray premises, which are the subject matter of this
rezoning and subdivision request. Based upon my examination of
the title to these premises, I have concluded that the premises
which are the subject matter of this application are owned in fee
title by Ernest Bundgaard and Mary Lee Bundgaard, also known as
Allen Gray and P4ary Lee Gray, husband and wife.. It appears, there-
fore, that the applicants are the proper parties to make this
petition to the City.
My review of this file discloses that a development contract will
be necessary to tie down the development phases of this proposal,
particularly with respect to the placement of sewer and water lines,
the provision for the maintenance of the private street, and
related matters. Please advise what other unique problems you see
in this matter, so that I may incorporate them in the development
contract.
V ry -,truly o s,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
cc: Donald W. Ashworth, City Manager
Allen Gray, 323 Normandale Office
Bloomington, MN 55437
Park, 8200 Normandale Blvd.,
o
,v�
CD op
k
W
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR l
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. BREZINSKY
JACK E. GILL
RODNEY B. GORDON
THEODORE D. KEMNA
JOHN W.EMOND
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
WARREN W.SOUTHWAR❑
BRUCE C. SUNDING
City of Chanhassen
c/o Mr. Don Ashworth,
Box 147
Chanhassen, Minnesota
Gentlemen:
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
?) 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HOPKINS, MINNESOTA AND DENTON, TEXAS
November 17, 1977
City Manager
55317
Subject: Allen's Alley,_Supplemental
Dra.Report.
Cam,
R, NOV 1977
RECEIVED 4 ;; o VILLAGE of
C]-IANHASSEN;
MINN.r"9
This report is in response to the concerns of the Planning Commission
regarding the impact of increased run-off to Lake Riley resulting from the
proposed development. We plan to limit discharge from the development to
existing level by ditch storage along Lake Riley Boulevard.
Run-off from the Gray Property now flows through an 18 inch culvert under
Lake Riley Boulevard. The culvert outlets approximately 25 feet from the shore-
line. There is no evidence of erosion or siltation at the outlet from present
flows.
The 10-year storm peak flow from the property will be increased from 4.9
cubic feet per second to 7.3 cfs when the property is fully developed.
of the total 7.3 cfs, 5.4 cfs will flow through a 10 foot wide, 1-foot
deep sodded Swale from Allen's Alley to a ditch north of Lake Riley Boulevard.
At peak discharge the flow through the swale will be 0.4 of a foot deep, and
have a velocity of approximately 2.9 feet per second. Erosion of the Swale
will not occur until the velocity approaches 3.5 fps and a discharge of 8 cfs
(between 50 and a 100-year storm).
The remaining 1.9 cfs will flow toward the 18 inch culvert.through direct
run-off to the lake Riley Boulevard ditch (0.4 _cfs from the west and 1.5 cfs
from the east) .
The flow through the boulevard ditch from the east to the 18 inch culvert
will be restricted by a proposed 15 inch culvert under the lift station access
driveway. The difference between the inflow of 6.9 cfs and the 15 inch capa-
city of 4.0 cfs will be stored in the ditch east of the driveway. The maximum
depth of dater in the 3.0 foot deep ditch will be about 0.9 of a foot.
SCHOELL & MAOSON.INC.
City of Chanhassen November 17, 1977
c/o Mr. Don Ashworth, City Manager
Page 2
The 0.4 cfs from the west boulevard ditch will enter the 18 inch culvert
directly. Therefore, the total peak flow to the 18 inch culvert will be 4.4
cfs (4.0 from the east, 0.4 from the west) or 0.5 cfs less the current
estimated flow.
We have incorporated the above described design into our construction plans.
Very truly yours,
SC�HjOELL/J& MADSON, INC.
"lam . ld
WJBrezinsky:bk
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LAKE RILEY
l'�-PEPPETUAL EASEMENT-
30 TEMPORARY EASEMENT
7610 LAREDO DRIVE®P.O. BOX 147eCHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager,. Don Ashworth
DATE: June 6, 1977
SUBJ: Preliminary Plat Approval and Request for City Installation
of Improvements,' Saratoga Lane, Hansen and Klincjelhutz
(North of Chanhassen'Elementary School).
This office believes that the report submitted by the city planner
regarding the proposed planned unit development represents the
staff position. No further comments will be made in regards to
the items presented in that report. This office is assured that the
City Council will desire to discuss the pu - c road issue regarding
the Kerber property and the city attorney wily be present to present
his legal findings on '..his issue.
However, I believe t?-ere are two issues that have not been presented
in the planner's report which require consideration by the City Council
1). designat:�on cf -engineer for the improvements; and, 2). installatioi
of public improvements.
Z). Designation of Engineer for Improvements - Hansen and
lingelhutz have requested that the city's consulting engineer,
Schoell and Madson, be authorized to complete the final plat
design and inspe _. the public improvements to be installed as a part
o
Kf the plat. .V-, office recognizes that a potential conflict of
interest can de;relop where the engineer is employed by both the,city
(to insure public- `_n-erests are met) and a private developer (potentially
concerned with deign criteria increasing development costs).
I do not belie-Je -:--hat it is reasonable for the city to allow the
city engineer tc become involved in any way w_th t- e design and lay
out of a prel'.-n1nary subdivision, except for a review role exclusively
for the city. However, once the preliminary plat has been approved,
the actual st-.acing of the proposed subdivision does not appear to
create a pote::xtial conflict of interest for the engineer. Further,
s _7
.4ayor and Council -2 June 6, 1977
most municipalities do the design work for proposed improvements
within a proposed subdivision. This is .the most logical and economical
►� means to complete this type of work as the city engineer has information
available to him which is not available to most outside consulting
firms. Further, whether completed by an inhouse engineer or a
consulting engineer for the city, the cost of the design work would
be paid for by the developer. Therefore, whether the work was done
inhouse or by consultants, the potential problem of a conflict could
always arise, but unless the proposed subdivision is enormously large
a real conflict should not exist.
Given the above factors, I do not believe that the city would be
placing itself in any type of jeopardy by allowing Schoell and Madson
to complete the final plat for this proposed subdivision and to
carry out the design and inspection services for public improvements.
All of these costs would be reimbursed to the city by the developer.
2). Installation of Public Improvements - Hansen and K1i.ngelhutz
have requested that the City of Chanhassen'.' the sewer, water,:
streets, curbs and storm sewers in this plat and assess the cost
of such against the property for a term of 7 years or more. Additionall,
they are requesting that the assessments be paid off upon the sale
of homes that are built on these lots. They are requesting that -the
city council consider their past experience record in making this
decision.
This office has difficulty in reviewing this request. In Western
Hills First Addition, the city required Hansen and Klingelhutz to
complete all improvements without the assistance of the city's bonding
authority and ability to assess.these costs over a period. of years.
In approving the Chanhassen Estates plat and authorizing the use of
public monies for completion of improvements within this plat,
the developer notes that the city council had taken a position at
that time that future plats of Hansen and Klingelhutz would be given
similar consideration. Such consideration was given to Hansen and
K.lingelhutz in the development of their recent Laredo Lane Addition.
However, since the date of allowing the Laredo Lane Addition via
public bonding authority, the city council has acted to deny a request
from Kit Peterjohn for installation of public improvements in the
Trolls -Glen Second Addition. The request of Mrs. Peterjohn was
additionally clouded by the necessity for a joint powers agreement
with Victoria and construction of a'portion of the improvements in
another city. Other developments in the city have gone both public
and non-public and it was noted at the time of the Kit Peterjohn
request that the city council was concerned about the possible
precedent that the city may be developing - this position considering
the bonded debt of the city and the potential of large developments
occurring within the city.
Although the above policies of the city appear -inconsistent, this
office believes that the city council should and does have the
authority to review each development on factors pertinent at that
point in time. For example, factors which could and should be
considered include:
Idayor- end., Council -3- June 6, 1977
1). The relative cash position of the city at any point in
time and/or the city's intent or desire to enter the bond market for
the availability of cash;
2). The existing bonded indebtedness of the city in relation
to the potential repayment period of the proposed development;
.3). The previous experience of the developer in making
assessment payments and in developing in accordance with statements
made to the city;
4). The relative financial.position of the developer;
5). Other assurances that the debt can be repaid;
6). The ability of the developer to find other sources of
funding;
7). The relative consistency of the proposed development
with the comprehensive plans,of.th.e community.
LARSON & ME11TZ, LTD.
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
CRAIG M. 14ERT2
(B 12) 335-9546
O` COUNSEL November 17, 1977
HARVEY E.SKAAR
Mr. Bruce Pankonin
Chanhassen City Planner
Box 147
Chanhassen, MN 55317
Re: Allen Gray Subdivision
Dear Bruce:
Please be advised that I have made the necessary title examination
of the'Allen Gray premises, which are the subject matter of this
rezoning and subdivision request. Based upon my examination of
the title to these premises, I have concluded that the premises
which :are the subject matter of this application are owned in fee
title by Ernest Bundgaard and Mary Lee Bundgaard, also known as
Allen Gray and Mary Lee Gray, husband and wife. It appears, there-
fore, that the applicants are the proper parties to make this
petition to the City.
My review of this file discloses that a development contract will
be necessary to tie down the development phases of this proposal,
particularly with respect to the placement of sewer and water lines,
the provision for the maintenance of the private street, and
related matters. Please advise what other unique problems you see
in this matter, so that I may incorporate them in the development
contract.
Very truly yours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
cc: Donald W. Ashworth, City Manager
Allen Gray, 323 Normandale Office Park, 8200 Normandale Blvd.,
Bloomington, MN 55437
tjov 1977 r
RECEIVED
Q VILLAGE OF
'(5) CHANHASSEN, ^•
CP MINN. c;
REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1977
PUBLIC HEARING
REZONING AND SUBDIVISION - ALLEN GRAY
Dick Dutcher called the public hearing to order at 7:30 p.m. with the
following members present: Les Bridger, Walter Thompson, and Roman
Roos. Mal MacAlpine, Jerry Neher, and Hud Hollenback were absent.
The following persons were present:
Allen Gray
John Kosmas
Kenneth Liva
Eugene Susemihl
Russell Larson
The City Planner read the official notice as published in the Carver
County Herald.
Mr. Gray is requesting approval to subdivide property on Lake Riley
Blvd. into 12 residential lots and rezone the same property from R-lA
to P-1. Sanitary sewer is being installed to the property at the
present time. A common outlot is proposed with a tennis court, small
putting green, and green space.
The hearing was opened for comments from those present:
Eugene Susemihl - I have no objection to it whatever.
Russell Larson - In the minutes on the 28th there is a statement;"A
six inch concrete drive over curb and _gutter must be installed with
runoff directed to the utility easement between Lots 7 and 8 if a
,V storm sewer is not installed." It would be my recommendation that if
we are going to use that area as a runoff that we be given a drainage
way easement in addition to a utility easement. Utility easements are
usually not wide enough if we have to go in and put a major structure
in. As a part of that, I would like to know and I think we should be
nformed by the Engineer if we are going to use that as a runoff area,
here that water ultimately will flow once it leaves Lots 7 and 8 and
he drainageway area. I think we should ask for an engineering report
n that aspect.
ohn Kosmas - In response to the utility or drainage easement which
as been termed as both, that happens to be a 20 foot easement, ten fool
n either side of the property line rather than the typical ten foot.
ussell Larson - I would like it to be denominated on the plat then
s a utility and drainageway easement.
ohn Kosmas - That happens to be the case because that also happens
o be where the sewer is going through.
The City Planner did not receive any comments from the general public
since the published notice.
Eugene Susemihl - We own Lots 40 and 41 in Shore Acres and Lot 39 is
completely covered with water every time we get a heavy rain and that
flows across onto our lot and washes out lakeshore.
Russell Larson - This is what I am talking about. I think we should
find out where that water is going to go.
Bruce Pankonin - I will talk to Bill Brezinsky about that and make sure
that he let's the Council know where that water is. going to go.
Les Bridger - How about the beach lot?
Bruce Pankonin - That's not a part of this proposal. A property owner
r ,
Planning Commission Meeting November 9, 1977 -2-
has every right to petition the City for a conditional use permit for
the operation of a beach lot. That is not part of this proposal at thi
time.
John Kosmas - Basically, the development stands as a development and
the beach lot is something that we are going to be pursuing,but they
.�
are not contingent on each other.
Walter Thompson - The interior road is the responsibility of the
prople living there, for plowing, etc.?
Bruce Pankonin - Yes. It will be maintained by the homeowners. They
will give the City a utility easement for that pipe in the ground but
the road will be their responsibility.
Les Bridger moved to close the public hearing. Motion seconded by
Walter Thompson and unanimously approved. Hearing closed at 7:50 p.m.
MINUTES: Les Bridger moved to approve the November 2, 1977, public
hearing minutes as written. Motion seconded by Walter Thompson and
unanimously approved.
Les Bridger moved to approve the November 2, 1977, special Planning
Commission minutes as written. Motion seconded by Roman Roos and
unanimously approved.
IA4Roman Roos moved to approve the October 26, 1977, Planning Commission
minutes. Motion seconded by Walter Thompson and unanimously approved.
REZONING AND SUBDIVISION - ALLEN GRAY: Staff recommended that the
�Q developer be bound to the drawings submitted to date and that the
Planning Commission recommend that the property be rezoned from R-lA
to P-1.
Roman Roos moved to recommend the Council approve the subdivision of the
subject property and the rezoning from R-lA to P-1 subject to a 20 foot
utility and drainage easement. Motion seconded by Walter Thompson and
unanimously approved.
HRA TAX INCREMENT PROPOSAL: Walter Thompson moved to recommend the
City Council establish a tax increment district in the downtown area
of Chanhassen. Motion seconded by Les Bridger and unanimously approved.
PUBLIC HEARING
SUBDIVISION FOR DAVID LARSON
Dick Dutcher called the public hearing to order at 8:15 p.m. with the
following interested persons present:
David A. Larson
Bill Brezinsky
Russell Larson
The City Planner read the official notice as published in the Carver
County Herald. Staff has not received any comments from the general
public regarding this proposed subdivision.
Mr. Larson is proposing to divide his property into three lots. Staff
recommended that the Planning Commission find Mr. Larson's request to
be consistent with the spirit and intent of the zoning ordinance and
subdivision ordinance provided appropriate drainage easements are
dedicated.
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.0, BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
November 7, 1977
Mr. William Brezinsky
Schoell and Madson
50 Ninth Ave. South
Hopkins, MN 55343
Re: Allen's Alley, Our File P-300
Dear Bill:
Attached please find a proposed utility plan for Allen's Alley.
Please be prepared to discuss the contents of the attached on
Wednesday night. In addition, we should probably discuss this
lateral extension with the Sewer Board so that we do not have
any problems in the future.
I think you should also comment on the fact that a mountable curb
and gutter is not shown in the off street parking areas.
Thank you.
Very truly yours,
Bruce Pankokin
City Planner
Attachment (1)
Q CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
sS.
COUNTY OF CARVER )
Don Ashworth _ being first duly sworn, on oath deposes
and says that he. is and was on October 21 19 77 the duly qualified and
acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said
date he caused to be mailed a copy of the attached notice of. hearing on a
Allen Gray Subdivision in the
City to the persons named on attached Exhibit "A", by enclosing a copy of said
notice in an envelope addressed to such owner, and depositing the envelopes
addressed to all such owners in the United States mails with postage fully prepaid
thereon; that the names and addresses of such owners were thosei appearing as such
by the records of the County Treasurer of Carver County, Minnesota, and by other
appropriate records.
Don Ashworth, City Manager
Subscribed and sworn to before me
this day of
Nc6iry Public
AAAA e►
<• ""*, Kr,Y KLINGELHUTZ
OTARY PUBLIC • M!NNESOTA
CARVER COUNTY
My Commission Expires Jan. 30,198
Xxrvvn►r�rrr,�a�rrdrr��"w�+r�r��,x
o CITY OF �-�
CHANHASSEN
7610 LAREDO DRIVEOP 0 BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 5, 1977
TO: Don Ashworth, City Manager
FROM: City Planner, Bruce Pankonin
SUBJ: Saratoga Lane Subdivision Status Report
Hansen and Klingelhutz Construction Company has as of this date signed
necessary contracts, posted necessary performance bond and submitted
hardshells for Saratoga Lane Subdivision for city signatures. After
reviewing the submitted hardshells, I found Hansen and Klingelhutz
Construdtion Company did not affix the necessary signatures prior to
city consideration.. For this reason, I returned the hardshells to
Doug.,. Hansen and instructed to have the necessary signatures affixed.
'0000110o�� P
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147oCHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: November 3, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin, City Planner
SUBJ: Public Hearing to Consider Rezoning and Preliminary Development
Plans for Allen Gray
PLANNING CASE: P-300
APPLICANT: Allen Gray
REF: City Ordinance 47, Section 24 (Rezoning Proposal) and Section
14 (Planned Unit Development Proposal)
Petition
As shown in attached enclosures 1 - 9, Allen Gray is proposing to
rezone approximately5.5 acres from R-lA to P-1 and subdivide the
subject property into twelve residential building sites and one outlot.
Consideration of the applicant's request will require separate action
on the rezoning and preliminary development plan petition.
Rezoning Proposal
As you know, the criteria for evaluating Allen Gray's rezoning request
is the adopted City Plan. It, the recommendation of this planner that
the planning commission find Allen Gray's rezoning proposal to be
positively consistent with the spirit and intent of the city's plan
for land use, transportation and utilities.
Subdivision Proposal
The criteria for evaluating Mr. Gray's subdivision request is found
in city ordinance 47, Section 14. All the documents submitted to date
comply with the spirit and intent of the P-1 use district. I would
recommend the city planning commission look with favor and pass on a
positive recommendation to the city council for the subdivision of
Allen Gray's property subject to the concerns as outlined in the city
engineer's memorandum of September 28, 1977.
boa CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O BOX 1476CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 3, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin
SUBJ: Preliminary Development Plan Public Hearing
PLANNING CASE: P-300
Please include the following enclosures with your copy of exhibit 1,
Allen Gray Subdivision:
Enclosures
9. Planning Commission minutes dated September 28, 1977.
10. City Planner's Report dated November 3, 1977.
Mr.,. Lawrence C. Klein
Rt. 3 Box 51
Cha&a, MN 55318
Mr. Robert Roges.
4947 Diane Drive '
Minnetonka, MN 5534�3
Charles Johnson
9211 Lake Riley Blvd.
Chaska, NCI 55318
P
Daniel' Cblich
9217'I�ke Riley Blvd
Chaska; MN 55318
Hollywood Gardens Inc. Adolph Tessness
403 Loring Park Office Bldg. Box 127
430 Oak Grove' Chanhassen- MN 55317
Minneapolis, M 55403
Gilbert Laurent
1371 Pioneer Trail
Chaska, MN 55318
Mr. Donald Lundvall
Rt. 1 Box 88-3
Chaska, NN 55318
Mr. Allen Gray
Suite 323
8200 Normandale Blvd.
Minneapolis, MN 55437
John Goulett
9119 Lake Riley Blvd.
Chaska, MN 55318
Richard Olin
9125 Lake Riley Blvd.
Chaska, M 55318
Mr. Gary Travis
Rt. 3 Box 85
Chaska, MN 55318
LeRoy Otto
Rt. 3 Box 84
Chaska, MN 55318
Edmond Gagnon
9209 Lake Riley Blvd.
Chaska, MN 55318
Eunice Dottke
17 No. 4th St. Box 482
Bayfield. Wisconsin 54814
Donna Tottenham
Rt. 3 Box 72
Chaska, MN 55318
George DeWitt
3127 4th St. SE
Mmeapolis, MN
Itn, Westervelt
Box 211
Chanhassen, MN 55317
Ronald Ytzen
9227 Lake Riley Blvd.
Chaska, MN 55318
Donald Heath
4942 Drew Ave. So.
Minneapolis, MN
3
Lawrence Tessness
9239 Lake Riley Blvd.
Chaska, MN 55318
Mr. Edward Hjermstad
7617 Frontier Trail
Chanhassen, MN 55317
Russell Hoverson, et al
5720 44th Ave. So.
Minneapolis, MN
Richard Carlson
3948 25th Ave. So.
Minneapolis, M
Lillian Hague
Box 224
Chanhassen, MN 55317
Eugene Susemihl
9245 Lake Riley Blvd
Chaska, MN 55318
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING ON
PROPOSED REZONING AND SUBDIVISION OF LAND FOR
ALLEN GRAY, CHANHASSEN, MINNESOTA
NOTICE IS HEREBY GIVEN That the Planning Commission of the City
of Chanhassen, Minnesota, will meet on Wednesday, the 9th day of
November, 1977, at 7:30 p.m., at the City Hall, 7610 Laredo Drive,
Chanhassen, Minnesota, for the purpose of holding a public hearing
to consider rezoning the following described land from R-lA, Single
Family Residence district to P-1, Planned Residential Development,
and subdivide the following described property into 12 residential
lots and 1 outlot. The proposed rezoning and subdivision of land
involves the following described parcel of land:
"That part of Government Lot 3, in Section 24, Township 116
North of Range 23 West, described as follows, to -wit:
Beginning at a point which is 50 feet East and 298.6 feet
North of the Northwest corner of Lot 42 of Shore Acres,
according to plat thereof on file and of record in the office
of the Register of Deeds, Carver County, Minnesota; thence
East on a line which would intersect the Westerly line of
Lot 18, said Shore Acres at a point 0.9 feet Southwesterly
from the Northwesterly corner of said Lot 18, a distance of
714.8 feet to the Westerly line of a 2 rod road as shown on
the plat of Shore Acres; thence along said road line South-
westerly Westerly and Northwesterly to a point which said point
is 50 feet East of the West line of said Government Lot 3;
thence North to the Place of beginning, containing 5.42 acres
of land, more or less, according to the Government Survey
thereof."
A plan showing said proposed rezoning and subdivision is available
for inspection at the city hall.
All persons interested may appear and be heard at said time and
place.
Dated: October 14, 1977 BY ORDER OF THE PLANNING C014MISSION
Bruce Panl:onin, City Planner
Publish in the Carver County Herald on October 20, 1977,
REGULAR PLANNING COMMISSION MEETING SEPTEMBER 28, 1977
Val MacAlpine called the meeting to order at 7:30 p.m. with the following member'
present: Hud Hollenback, Roman Roos, Dick Dutcher, Jerry Neher, Walter ThompsoF', anc
Le. Bridger. Bruce Pankonin and Craig Mertz were present.
MINUTES.: Hud Hollenback moved to approve the September 14, 1977, Planniny
Comeis Tun minutes as presented. Motion seconded by Les Bridaer and unar)imously
approved.
T
METROPOLITAN "COUNCIL BICYCLE CORRIDOR PLAN: The Metropolitan Council held a public
hearing September 8, Ito consider puh is input on the Bicycle and Pedestrian
Travel Systems Amendment to the Transportation Development Guide/Policy Plan. Staff
prepared a letter recommending the transportation plan be amended to more closely
resemble Chanhassen's linear open space corridor as shown i,i the city plan. City
Staff proposed that these corridors generally follow the alignment of existing
and future streets in toe city. The proposed corridors ,ould allow for movement in
and throughout the city to places of activity such as downtown, future employment,
(etc.), and recreation areas. The proposed corridors are:
Highway 7,
Minnewashta Parkway,
Highway 41 through the Arboretum to connect to Chaska's plan,
County Road 17,
Highway 101,
Highway 5 and onto Lake Ann Interceptor,r`ight-of-way,
Lyman Blvd.
A corridor along the Minnesota River,`and
A corridor from the proposed Minnewosly a Regional Park east to Eden Prairie.
Members discussed the proposed sys m and corm ented on it.
Roman Roos - If it's tied with th/ trailway sAtem, which it is, I think from a
preplanning point of view it's `'aood thing. Aix least it's down on paper. As
long as it ties in with our trtilway system, I th4'.nk that's important. Whether
it be a mode of transportati;n in the year 2000, I"�,an't say. I think staff has
done their part as far as bsponse to the Met. Counc ,. I see nothing wrong with
it at all.
Mal MacAlpine - I compl,,'ment you on it, Bruce. I think =the concept is very fine.
Dick Dutcher - There i,, something else, too, and that's o�V of consistency.
Everything that has ,r,een done is supportive of everything else.
Les Bridger - I think it's a good idea.
METROPOLITAN StANIFICANCE REGULATIONS: These regulations put C'' hassen as an
agricultural community. The City Planner felt that the City can b ild some strong
arguments ac6inst that classification for the whole city. The are f the city not
anticipatf;el to be served with sanitary sewer between now and 1990 col'!d be considered
as agricultural.
HOUSOG GOALS: Members discussed the goals as stated in a March 1968 rep,'wt from
Na n, Wehrman, Knight, and Chapman, Inc. These will be refined as the coi,viission
cOppletes the comprehensive city plan.
PRELIMINARY PLAT - ALLEN'S ALLEY: John Cosmos, Allen Gray, and Tom Hoskins were
present. The City Planner gave the Engineer's report. Sanitary sewer is being
installed to the area. The street horizontal and vertical alignments are acceptable.
The street widths are adequate if no parking is permitted on the 24-foot.wide,
two-way segment. Because watermain will be installed in the future, the Engineer
uggested a 12 inch crushed rock base and seal coat restoration be put on the road.
6-inch concrete driveover curb and gutter must be installed with runoff directed
to the utility easement between Lots 7 and 8 if a storm sewer is not installed.
Planning Commission Meeting September 28, 1977 -2-
A grass swale ten feet Wide and one foot deep w,l11 he adequate to contain the
normal design rainfall. The future watermain should be located in the center
of the right-of-way to avoid disturbance of the concrete curb. The Engineer
recommended approval of Allen's Alley preliminary.plat.
Off street parking is being provided in the driveways and separate parking areas.
The City Planner recommended the Planning Commission order a public hearing for
October 26 to test neighborhood sentiment.
John Cosmos explained that they are looking into costs for installing dry water
lines at this time. They are proposing a beach lot on Lake Riley. There will be
no boat launching other than canoes and sailboats. The beach lot will require a
conditional use permit. Specific plans have not been submitted for the beach lot.
Dick Dutcher moved to hold a public hearing on November 9, 1977, at 7:30,p.m. to
consider the proposed subdivision and rezoning for Allen's Alley. Motion
seconded by Les Bridger and unanimously approved.
STD ATE DEVELOPMENTS; Members discussed the inconsistencies of existing ordinarlof
-n'al-y—Ordinance 45, Subdivision Ordinance 33, and the county recording pro ure
for filing metes and bounds property. The County Recorder does not cont the
city abcut a proposed subdivisions consistency with city standards.
Don Ashworth, i:ity Manager, was present.
Dick Dutcher moved thA generally the concensus of the Comei-�'sion is that leap
froging development shn�ild not be continued. Motion seconded by Hud Hollenback
and unanimously approved. ;-
i
RESIGNATION: Dick Dutcher submitted his resign -ion from the Planning Commission
effective the end of November or until a re� dement is found,
HANSEN AND KLINGELHUTZ: H. & K. asked City Planner to ask the Planning
Commission if the commission would side`' -ordering a public hearing to consider
their plans for an apartment pro' t north of Thanhassen Elementary School prior
to examining the plans.
Members felt this would `F%setting a precedence and is'cOntrary to city policy,
therefore they deny tlxe-1'request.
Hud Hollenback wncved to adjourn. Motion seconded by Walter Thoai4hson and
unanimously droved. Meeting adjourned at 11:10 p.m.
arAs hwo rth
ty Manager
t
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. BREZINSKY
JACK E. GILL
THEODORE D. KEMNA
JOHN W.EMOND
KENNETH E. ADOLF
DANIEL R. BOXRUD
WILLIAM R. ENGELHARDT
SCHOELL & MAOSON, INC.
ENGINEERS AND SURVEYORS
18-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON. SOUTH DAKOTA AND DENTON, TEXAS
September 28, 1977
City of Chanhassen
c/o Mr. Bruce Pankonin, City Planner
Chanhassen, Minnesota 55317
Subject: Allen's Alley Preliminary Plat
and Drainage Plan
Our File No. 7120
Gentlemen:
We. have reviewed the subject preliminary plat as prepared by
Lot Surveys Co. and approve as to engineering design with changes
and additions as noted herein.
Sanitary sewer to serve this area is under contract. The
seven lots abutting Lake Riley Boulevard will be able to connect
directly to this system. The remaining five lots can be served
by gravity sewer as was shown on the sketch plan. The minimum
depth of the sewer should be 11 feet to provide vertical separation
between the sewer and future watermain.
The street horizontal and vertical alignments are acceptable.
The street widths are adequate if no parking is permitted on the
24-foot wide, two-way segment.
A typical street section is not shown. Because watermain will
be installed in the future, we suggest a 12-inch crushed rock base
and seal coat restoration or the equivalent.
If a storm sewer is not installed, we feel 6-inch concrete
driveover curb and gutter must be installed with runoff directed
- to the utility -easement -between Lots 7 and 8. A grass swale ten
feet wide and one foot deep will be adequate to contain the normal
design rainfall (5-year, 20-minute storm). The future watermain
should be located in the center of the right=of-way to avoid dis-
turbance of the concrete curb.
SCHOELL & MAOSON. INC.
City of Chanhassen September 28, 1977
c/o Mr. Bruce Pankonin, City Planner
Page 2
The grading plan does not take into consideration the tennis
court in the Central Commons area and seems to provide unnecessary
grading on Lots 8 and 9.
We recommend approval of Allen's Alley preliminary plat with
the additions and corrections as noted.
Very truly yours,
SCHOELL & MADSON, INC.
WJBrezinsky:sg
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: September 26, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin, City Planner
SUBJ: Preliminary Development Plan Review
PLANNING CASE: P-300
Please include the following enclosures with your copy of Exhibit 1,
Allen Gray Subdivision:
Enclosures
4. Planning Commission minutes dated August 10, 1977.
5. Preliminary Plat dated September 20, 1977.
6. Preliminary Drainage Plan, not dated.
7. City Planner's Report dated September 26, 1977.
8. City Engineer's Report September 28, 1977 (to be delivered under
separate cover).
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: September 26, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin, City Planner
SUBJ: Preliminary Development Plan Review for Allen Gray's Subdivision
PLANNING CASE: P-300
Background
As shown in enclosures 1 - 7, the applicant, Allen Gray, is proposing
to subdivide and rezone the subject property as a Planned Residential
Development. The criteria for evaluating this rezoning request is
found in City Ordinance 47, Section 14.00.
As you know, the purpose of the Planned Residential Development District
is to:
1. "Provide the means for greater creativity and flexibility
in environmental design than is provided under the strict application
of the zoning and subdivision ordinances without compromising the
health, safety, order, convenience and general welfare of the City
and it's residents".
2. "Encourage the more efficient allocation and innovative
use of common open space adjoining residential buildings in order that
greater opportunities for better housing and recreation may be
extended to the residents of this city."
3. "Provide for the establishmentof regulations and procedures
for planned residential district development designed to meet the needs
for moderate and low cost housing, including the utilization of
preconstructed and preassembled dwelling units of a permanent nature
without sacrificing quality construction and assembling standards and
tax base."
As shown in enclosure 4, the Planning Commission gave tacit approval
to Mr. Gray's subdivision and rezoning request and instructed him to
proceed with preliminary development plans.
Planning Commission -2--4tember 26, 1977
Planner's Comments
1. Since our last meeting on this subject, the City Council has
awarded and the contractor has begun installing sanitary sewer to the
subject property.
2. Comparing the graphics contained in enclosure 2 with the graphics
contained in enclosures 5 and 6, you'll note the absence of planned
.amenities in the proposed common area. Please be assured, this
omission is only a graphical slip of the pen and is not the intention
of the developer to forget about a tennis court, off street parking
and putting green in Outlot A.
3. Prior to public hearing on this subject, the developer should
articulate the location, proposed grade and uses of the common area.
In addition, a typical cross section of the proposed private P-loop
street should be enunciated for Planning Commission consideration.
4. Ordinance provisions requiring the architectural style of all
buildings and structures to be constructed in the Planned Unit Developmen
should be waived because this information is unknown at this time.
Parenthetically, it seems unreasonable to require this provision
when all the houses that will be constructed in the planned unit
development will be custom designed and custom built homes.
5. All questions regarding grading and drainage should be addressed
to the city engineer on Wednesday night. It is interesting to note,
however, the petitioner's desire to install hay bales on the southern
end of the subject property to contain any sediment and erosion that
may occur during construction. Activities such as this are strongly
encouraged by the Carver County Soil and Water Conservation District,
the city engineer and planning staff.
6. Other than the name of the proposed development ("Allen's Alley")
the development of the subject property, from a planning perspective,
looks great.
7. As you know, the City Council, when ordering sanitary sewer through
the subject area, intends to only provide on line service to properties
on Lake Riley Blvd. The subject property, containing about 42 acres,
could, under the city's directive, accomodate 12 building sites.
Utilizing the provisions of a planned unit development, the developer
is able to create 12 buildable sites and much more open space than
would be normally generated if strict application of the zoning and
subdivision ordinance were adhered to.
Planner's Recommendation
The Planning Commission should order a public hearing for October 26,
1977, to test neighborhood sentiment on the proposed rezoning and
subdivision of the subject property. If the applicant is pursuing
his desire to construct a private beach lot on Lake Riley, he should
be instructed to prepare appropriate plans and drawings skematically
showing his design intent for a beach lot. As you know, recreation
areas operated by residential neighborhood associations are permitted
in the Shore Acres area upon the issuance of a conditional use permit.
This activity would also require a public hearing.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: August 8, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin, City Planner
SUBJ: Sketch Plan Review
PLANNING CASE: P-300
Attached hereto, for your review and consideration, are the following
exhibits submitted in support of Allen Gray's Subdivision Plan:
Enclosure
1. Community Location Graphic.
2. Sketch Plan dated July 25, 1977.
3. City Planner's Report dated August 8, 1977.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: August 8, 1977
TO: Planning Commission, Staff and Allen Gray
FROM: Bruce Pankonin, City Planner
SUBJ: Sketch Plan Review
PLANNING CASE: P-300
APPLICANT: Allen Gray
Petition: As shown in enclosure 2t the petitioner, Allen Gray, is
proposing to rezone approximately 4.5+ acres from R-lA to P-1 and
subdivide the subject property into 12 residential building sites
and one outlot.
Backqround:
1. Community Location: As shown in exhibit 1, the subject property
contains approximately 4.5+ acres of land and is located at the extreme
end of Lake Riley Blvd.
2. Existing Zoning: The subject property is zoned R-lA, Agriculture -
Residence District.
3. Utilities: City utilities, sanitary sewer and water, are
presently unavailable to the subject property and adjacent parcels;
however, the City is accepting bids on Friday, August 12, 1977, for
construction of sanitary sewer to the subject property and adjacent
parcels. The city council, during the sewer feasibility stage, stated
that sanitary sewer and water should be investigated for the subject
property but only "on-line" service should be provided in the Lake
Riley Sewer project.
Sanitary municipal water should not be extended to the Shore Acres,
on the east shore of Lake Riley, in conjunction with the upgrading of
Lake Riley Blvd. and installation of sanitary sewer.
Planning Commissio_ -2-
4. Comprehensive Plan Proposal:
August 8, 1977
a. Land Use: Pursuant to the adopted City Plan, the subject
property and environs is to assume a low density single family
residential identity upon the installation of sanitary sewer.
b. Transportation: Although not explicitly stated in the
City's Transportation Plan, the City Plan does allude to elimination
of the inordinately long cul-de-sacs. As you know, Lake Riley Blvd.
is approximately a z mile.dead end street.
Planner's Comments:
1. As shown in enclosure 2, the subject property has approximately
1,100 feet of frontage on Lake Riley Blvd. and is 4.5+ acres in size.
You will note that the developer is proposing to!serve the subject
property with a private "P" loop street and radiate 12 lots and one
common outlot off of said city street.
During the sketch plan phase the Planning Commission should restrict
their comments as to the compatibility of the proposed development
to the city's plan for land use.
2. From a planning perspective, I think the developer should be
encouraged to proceed with preliminary development plans, however,
I believe the 2-way access road (the eastern most terminous of the
P-loop street) should be increased from 18 to 24 feet.
Planner's Recommendation
I believe the developer should be encouraged to proceed with preliminary
development plans if the city orders installation of sanitary sewer
on Lake Riley Blvd.
BY-LAWS
OF
SUNNY SLOPE HOMEOWNER'S ASSOCIATION
ARTICLE I
Name and Location
The name of the corporation is Sunny Slope Homeowner's Association,
hereinafter referred ;to as the "Association." The principal office
of the Association shall be located at Suite 323, 8200 Normandale Blvd,
Bloomington, Minnesota, but meetings of members and directors may be
held at such places within the State of Minnesota, Counties of
Hennepin (or Carver) as may be designated by the Board of Directors.
ARTICLE II
Definitions
Section 1. "Association" shall mean and refer to Sunny Slope
Homeowner's Association, a nonprofit corporation organized and existing
under the laws of the State of Minnesota, its successors and assigns.
Section 2. "Sunny Slope" shall mean and refer to that certain
real property described in the Covenants, Conditions and Restrictions,
and such additions thereto as may hereafter be brought within the juris-
diction of the association.
Section 3. "Common Area" shall mean all real property owned
by the Association for the common use and enjoyment of the Owners.
Section 4. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of Sunny Slope with the
exception of the Common Area.
Section 5. "Owner" shall mean and refer to the record or
equitable owner, whether one or more persons or entities, of the
fee simple title to any Lot located within Sunny Slope, including
contract vendees, but notwithstanding any applicable theory of
a mortgage shall not mean or refer to a mortgagee unless and until
such mortgagee has acquired title pursuant to foreclosure or any
proceeding in lieu of foreclosure.
shall be mailed to him at such address. Notice of any meeting
regular or special shall be mailed at least fifteen (15) days
in advance of the meeting and shall set forth in general the
nature of the business to be transacted, together with the place,
day and hour of the meeting; provided,.however, that if the business
of any meeting shall involve an election governed by Article V or
any action governed by the Articles of Incorporation or by the
Declaration of Covenants, Conditions and Restrictions applicable
to Sunny Slope notice of such meetings, shall be given or sent as
provided therein.
Section 4, Quorum. The presence at the meeting of members
entitled to cast, or of proxies entitled to cast, one -tenth (1/10)
of the votes of each class of membership shall constitute a quorum
for any action except as otherwise provided in the Articles of
Incorporation, the Declaration, or these By -Laws. If, however,
such quorum shall not be present or represented at any meeting,
the members entitled to vote thereat shall have power to adjourn
the meeting from time to time, without notice other than announcement
at the meeting, until a quorum as aforesaid shall be present or be
represented.
Section 5. Proxies. At all corporate meetings of members,
each member may vote in person or by proxy. All proxies shall
be in writing and filed with the Secretary. No proxy shall extend
beyond a period of eleven (11) months from the date of mailing by
the•Secretary to any member, and every proxy shall automatically
cease upon sale by the member of his home or other interest in
Sunny Slope.
ARTICLE IV
Board of Directors
Section 1: The management and affairs of this Corporation
shall be managed by a Board of not less than three (3) nor more
than nine (9) Directors, provided that the number of Directors
shall always be an odd number and shall always be evenly divisible
by the number three (3). Directors need not be members of the
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corporation. The number of Directors may be changed by amendment
of the By -Laws of the corporation. At the first meeting of the
members, the members shall elect one-third (1/3) of the Directors
for a term of one (1) year, one-third (1/3) for a term of two (2)
years and one-third (1/3) for a term of three years; and at
each annual meeting thereafter the membes shall elect one-third
(1/3) of the Board of Directors for a term of three (3) years.
Section 2. Removal. Any Director may be removed from the
Board, with or without cause, by a majority vote of the members
of the Association. Vacancies in the Board of Directors, as the
result of death, resignation or removal, shall be filled by the
majority of the remaining directors, and such appointed director
to hold office until his successor is elected by the members,
who make such election at the next annual meeting of the members
or at any special meeting duly called for that purpose.
Section 3. Compensation. No Director shall receive compensation
for any service he may render to the Association. However, any
Director may be reimbursed for his actual expenses incurred in the
performance of his duties.
Section 4. Action Taken Without a Meeting. The Directors
shall have the right to take any action in the absence of a meeting
shich they could take at a meeting by obtaining the written approval
of all the Directors. An action so approved shall have the same
effect as though taken at a meeting of the Directors.
ARTICLE V
Nomination and Election of Directors
Section 1. Powers. The Board of Directors shall have power:
(a) To adopt and publish rules and regulations governing
the use of the Common Area and facilities and the
personal conduct of the members and their guests
thereon, and to establish penalties for infraction
thereof.
(b) Suspend the voting rights and right to use of the
M 4 �
recreational facilities of a member during any
period in which such member shall be in default in
the payment of any assessment levied by the Association.
Such rights may also be suspended, after notice and
hearing, for a period not to exceed sixty (60) days
for infraction of published rules and regulations.
(c) To exercise for the Association all powers, duties
and authority vested in or delegated to this Assoc-
iation and not reserved to the membership by other
provisions of these By -Laws, the Articles of
Incorporation, or the Declaration.
(d) To declare the office of a member of the Board of
Directors to be vacant in the event such member
shall be absent from three (3) consecutive regular
meetings of the Board of Directors.
(e) To appoint and remove at pleasure all officers, agents
and employees of the Association, prescribe their
duties, fix their compensation, and require of them
such security or fidelity bond as it may deem expedient.
Nothing contained in these By -Laws shall be construed
to prohibit the employment of any member, officer or
Director of the Association in any capacity whatsoever,
subject to the provisions of Article IV, Section 3.
(f) To call special meetings of the members whenever it
deems necessary and it shall call a meeting at any
time upon written request of one-fourth (1/4) of
the voting membership, as provided in Article III,
Section 2.
(g) To establish, levy and assess and collect the assess-
ments or charges referred to in Article V, Section 2.
Section 2. Duties. It shall be the duty of the Board of
Directors:
(a) To cause to be kept a complete record of all its acts
and corporate affairs and to present a statement thereof
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to the members at the annual meeting of the members or
at any special meeting of the members when such is
requested in writing by one-fourth (1/4) of the votes
of the Class A membership, as provided in Article III,
Section 2.
(b) To supervise all officers, agents and employees of this
Association, and to see that their duties are properly
performed.
(c) As more fully provided the Declaration of Covenants
applicable to Sunny Slope:
(1) To fix the amount of the assessment against Bach
Lot for each assessment period at least thirty
(30) days in advance of.such date or period and,
at the same time;
(2) To prepare a roster of the properties and assess-
ments applicable thereto which shall be kept in
the office of the Association and shall be open
to inspection by any member, and at the same
time;
(3) To send written notice of each assessment to every
Owner subject thereto at least thirty (30) days in
advance of each annual assessment period; and
(4) Foreclose the lien against any property for which
assessments are not paid within thirty (30) days
after due date or to bring an action at law against
the Owner personally obligated to pay the same.
(d) To issue, or to cause any appropriate officer to issue,
upon demand by any person, a certificate setting forth
whether any assessment has been paid and the amount of
any unpaid assessment. Such certificate shall be con-
clusive evidence of any assessment therin stated to
have been paid or the amount of any unpaid assessment.
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A reasonable charge may be made by the Board for the
issuance of those certificates.
(e) To procure and maintain adequate liability and hazard
insurance on property owned by the Association.
(f) To cause all officers or employees having fiscal re-
sponsibilities to be bonded as it may deem appropriate.
(g) To cause the Common Area to be maintained.
ARTICLE VII .
Directors' Meeting
Section 1. A regular meeting of the Board of Directors shall be
held monthly on a day, time and place agreed upon by a majority
of the Directors.
Section 2. Notice of such regular meeting is hereby dispensed
with.
Section 3. Special meetings of the Board of Directors shall be
held when called by any officer of the Association or by any two
directors after not less than three (3) days' notice to each Direc-
tor.
Section 4. The transaction of any business at any meeting of
the Board of Directors, however called and noticed, or wherever
held; shall be as valid as though made at a meeting duly held after
regular call and notice if a quorum is present and, if either before
or after the meeting, each of the Directors not present signs a
written waiver of notice, or a consent to the holding of such meeting
or an approval of the minutes thereof. All such waivers, consents
or approvals shall be filed with the corporate records and made part
of the minutes of the meeting.
Section 5. The majority of the Board of Directors shall con-
stitute a quorum thereof.
ARTICLE VIII
' Officers and Their Duties
Section 1. Enumeration of Offices. The officers of this
Association shall be a president and vice-president, who shall at
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all times be members of the Board of Directors, a secretary, and
a treasurer, and such other officers as the Board may from time to
time by resolution create.
Section 2. Election of Officers. The election of officers
shall take place at the first meeting of the Board of Directors
following each annual meeting of the members.
Section 3. Term. The officers of this Association shall be
elected annpally by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such
other officers as the affairs of the Association may require, each
of whom shall hold office for such period, have such authority,
and perform such duties as the Board may, from time to time,
determine.
Section 5. Resignation and Removal. Any officer may be re-
moved from office with or without cause by the Board. Any officer
may resign at any time giving written notice to the Baord, the
president or the secretary. Such resignations ahall take effect
on the date of receipt of such notice or at any later time specified
therein, and unless otherwise specified therein, the acceptance
of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled
by appointment by the Board. The officer appointed to such vacancy
shall serve for the remainder of the term of the office he replaces.
Section 7. Multiple Offices. The offices of Secretary and
treasurer may be held by the same person. No person shall simul-
taneously hold more than one of any of the other offices except in
the case of special offices created pursuant to Section 4 of this
Article.
Section 8. Duties. The duties of the officers are as follows:
(a) President. The president shall preside at all meetings
WC
of the Board of Directors; shall see that orders and
resolutions of the Board are carried out; shall sign
all leases, mortgages, deeds and other written instru-
ments and shall co-sign all checks and promisory notes.
(b) Vice -President. The vice-president shall act in the
place and stead of the president in the event of his
absence, inability or refusal to act, and shall exercise
and discharge such other duties as may be required of
him by the Board.
(c) Secretary. The secretary shall record the votes and
keep the minutes of all meetings and proceedings of
the Board and of the Members; keep the corporate
seal of the Association,and affix it on all papers
requiring said seal; serve notice of meetings of the
Board and of the members; keep appropriate current
records showing the members of the Association to-
gether with their addresses, and shall perform such
other duties as required by the Board.
(d) Treasurer. The treasurer shall receive and deposit
in appropriate bank accounts all monies of the
Association and shall disburse such funds as directed
by resolution of the Board of Directors; shall sign
all checks and promissory notes of the Association,
keep proper books of account, and shall prepare an
annual budget and a statement of income and expenditures
to be presented to the membership at its regular
annual meeting, and deliver a copy of each to the
members.
ARTICLE IX
Committees
Section 1. The Standing Committees of the Association shall
lea
be:
The Nomination Committee
The Recreation and Maintenance Committee
unless otherwise provided herein, each committee shall consist of
a Chairman and two or more members and shall include a member of
the Board of Directors for Board contact. The committees shall
be appointed by the Board of Directors prior to each annual meeting
to serve from the close of such annual meeting until the close of
the next annual meeting and such appointment shall be announced at
each annual meeting. The Board of Directors may appoint such other
committees as it deems desireable.
Section 2. The Nomination Committee shall have the duties
and functions described in Article V.
Section 3. The Recreation and Maintenance Committee shall
advise the Board of Directors on all matters pertaining to the
recreational program and activities of the Association and all
matters pertaining to the maintenance, repair or improvement
of the Common Area and facilities of the Association, and
shall periodically review the adequacy of the insurance coverage
afforded the Association and advise the Board of Directors; and
shall perform such other functions as the board, in its discretion,
determines.
Section 4. Each committee shall have the power to appoint a
subcommittee from among its membership and may delegate to any
such subcommittee any of its powers, duties and functions.
Section 5. It shall be the duty of each committee to receive
complaints. -from members on any matter involving Association functions,
duties and activities within its field of responsibility. It shall
dispose of such complaints as it deems appropriate or refer them to
such other committee, director or officer of the Association -as
is further concerned with the matter presented.
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ARTICLE X
Books and Records
Section 1. The books, records and papers of the Association
shall at all times, during reasonable business hours, be subject
to the inspection of any member. The Declaration, the Articles
of Incorporporation and the By -Laws of the Association shall be
available for inspection by any member at'the principle office
of this Association, where copies may be purchased at reasonable
cost.
ARTICLE X1
As more fully provided in the Declaration, each member is
obligated to pay to the Association annual and special assessments
which are secured by a continuing lien upon the property against
which the assessment is made. Any assessments which are not paid
;when due shall be delinquent. If the assessment is not paid
within thirty (30) days after the due date, the assessment shall
bear interest from the date of delinquency at the :rate of eight (8)
percent per annum, and the Association may bring an action at law
against the Owner personally obligated to pay the same or foreclose
the lien against the property, and interest, costs, and reasonable
attorney's fees of any such action shall be added to the amount of
such assessment. No Owner may waive.or otherwise escape liability
for the assessments provided for herein by nonuse of the Common
Area or abandonment of his Lot.
ARTICLE XII
Corporate Seal
Section 1. The Association shall have a seal which shall be
circular in form and shall have inscribed thereon the name of the
corporation, the"name.of the State of Minnesota, and the words
"Corporate seal".
Dom
ARTICLE XIII
Amendments
Section 1. These By -Laws may be amended, at a regular or
special meeting of the members, by a vote of a majority of a quorum
of each class of members present in person or by proxy, provided
that the voting and quorum requirements specified for any action
under any provision of these By -Laws shall apply also to any amend-
ment of such provision and provided further that those provisions
of these By -Laws which are governed by the Articles of Incorporation
of this Association may not be amended except as provided in the
Articles of Incorporation or applicable law; and further that any
matter stated herein to be or which is in fact governed by the
Declaration of Covenants, Conditions and Restrictions applicable
to Sunny Slope may not be amended except as provided in such
Declaration.
Section 2. In the case of any conflict between the Articles
of Incorporation and these By -Laws, the Articles of Incorporation
shall control; and in the case of any conflict between the Declaration
of Covenants, Conditions and Restrictions applicable to Sunny Slope
and these By -Laws, the Declaration shall control.
ARTICLE XIV
Dissolution
The corporation may be dissolved only with the assent given
in writing and signed by the members entitled to cast two-thirds
(2/3) of each class of its membership. Written notice of a proposal
to dissolve, setting foth the reasons therefor and the disposition
to be made of the assets (which shall be consonant with Article XV
hereof) shall be mailed to every member at least ninety (90) days
in advance of any action taken.
ARTICLE XV
Disposition of Assets upon Dissolution
Upon dissolution of the corporation, the assets, both real
and personal of the corporation, shall be dedicated to an ap-
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F
propriate public agency to be devoted to purposes as nearly as
practicable the same as those to which they were required to be
devoted by the corporation. In the event that such dedication is
refused acceptance, such assets shall be ranted, conveyed and
assigned to any .non-profit corporation, association, trust or
other organization to be devoted to purposes, as. ,nearly as
practicable the same as those to which -they were required to be
devoted by the corporation.. No such disposition of Association
properties shall be effective to divest or diminish any right or
title of any member vested in him under the recorded Declaration
of Covenants, Conditions and Restrictions applicable to Sunny Slope
unless made in accordance with the provisions of such Declaration.
ARTICLE XVI
Miscellaneous
The fiscal year of the Association shall begin on the first
day of January and end on the Asti day of December of every year,
ti except that the first fiscal year shall begin on the date of
incorporation.
IN WITNESS WHEREOF, we, being all of the Directors of Sunny
Slope homeowner's Association, have hereunto set our hands this
day of
, 1978.
Ernest Bundgaard a/k/a Allen Gray
Mary Lee Bundgaard
Bruce Burden Bundgaard
State of Minnesota )
County of Hennepin )
On this day of , 1978, before me, a Notary
Public within and for said County, personally appeared Ernest Bundgaard,
Mary Lee Bundgaard and Bruce Burden Bundgaard, to me known to be the
persons described in and who executed the foregoing By -Laws of Sunny
Slope Homeowner's Association, and acknowledge that they executed
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the same as their free act and deed.
Notary Public, Hennepin County, Minn.
My Commission Expires:
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44 iG
D _;Zl
ARTICLES OF INCORPORs:'i
- � L OF
SUNNY SLOPE HOMEOWNERS ASSOCIATION
We, the undersigned, being of lawful age, for the purpose of
forming a nonprofit corporation under Chapter 317 of Minnesota
Statutes as amended, known as the Minnesota Nonprofit Corporation
Act, and in compliance with the requirements thereof, do hereby
voluntarily associate ourselves as a body corporate not for profit
but for the purposes herein specified and adopt the following
Articles of Incorporation.
ARTICLE I.
NAME
1.1) The name of this corporation is Sunny Slope Home-
owners Association.
ARTICLE II.
PURPOSES
2.1) The purposes of this corporation are as follows:
(a) To provide for the construction, reconstruction,
maintenance, preservation, architectural control and regulation of
activities, security and protection of the people, fixtures and per-
sonal property upon the following described real estate (hereinafter
referred to as "the property"):
Lots 1 - 12 inclusive, Outlots A & B,
all in Sunny Slope Addition, Carver
County, Minnesota.
(b) To promote the health, safety, welfare, com-
fort, convenience and economic well-being of the residents on the
common area described as follows:
Outlots A & B, Sunny Slope Addition,
Carver County, Minnesota.
(c) To exercise all the rights, powers and privi-
leges and to perform all of the duties and obligations of the cor-
poration, including those set forth in the Declaration of Covenants,
Conditions and Restrictions filed with the Carver County Recorder
on the property.
(d) To acquire, purchase, hold, rent, manage, sell,
donate, improve, lease or convey real or personal property of every
kind and nature necessary or any interest therein.
(e) To fix, levy, collect and enforce the payment
of lawful charges, assessments and expenses necessary to conduct
the business of the corporation.
(f) To enter into contracts, leases, rental agree-
ments, sales and purchases necessary to carry out and fulfill the
purposes of the corporation.
(g) To sell, lease, license, convey, grant ease-
ments or otherwise encumber the common area to or in favor of any
public agency, municipality, city or utility, provided, however,
that at least seventy-five percent (75%) of the first mortgagees
(based upon one vote for each first mortgage owned) or owners (other
than Developer) of the individual lots have given their prior written
approval in an instrument agreeing to such sale, lease, license,
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1) 'V/i S05
conveyance, grant or encumbrance. Further provided, however, that
the granting of easements for public utilities or for other public
purposes consistent with the intended use of the common areas by
the Association shall not be deemed to fall within the seventy-five
percent (75%) requirements for approval.
(h) To hire and employ agents, servants and employees
for the performance of any of its rights, duties, obligations or
activities of the corporation, provided, however, that any agreement
or contract for professional management services or any other con-
tract providing for services by the Developer must provide for
termination by either party without cause or payment of a termina-
tion fee on ninety (90) days or less written notice, and any agree-
ment or contract shall have a maximum term of three (3) years.
(i) To lease, borrow, obtain, own and use machinery,
equipment or materials of any kind and to perform or supply services
of any nature for the benefit of its members.
(j) To borrow money and mortgage, pledge, assign or
hypothecate any and all of its real or personal property as security
for money borrowed or debts incurred, provided, however, that at
least seventy-five percent (75o) of the first mortgagees (based upon
one vote for each first mortgage owned) or owners (other than Devel-
oper) of the individual lots have given their prior written approval.
(k) To act as trustee or agent or to act in any
fiduciary capacity.
(1) To do any and all things reasonably necessary
or incidental to accomplish said purposes.
V
-i-
2.2) (a) The purposes of the corporation shall be so
confined and the powers of the corporation shall be exercised so
that the corporation's operations shall be within the contemplation
of both Section 528 of the Internal Revenue Code, as now enacted or
hereafter amended, and the applicable provisions of Chapter 290 of
the Statutes of the State of Minnesota, as now enacted or as here-
after amended.
(b) No substantial part of the activities of the
corporation shall ever be devoted to attempting to influence legis-
lation by propaganda or otherwise, nor shall the corporation directly
or indirectly participate in, or intervene in (through publication
or distribution of statements or otherwise), any political campaign
on behalf of or in opposition to any candidate for public office;
nor shall the corporation engage in any activities that are unlawful
under applicable federal, state and local laws.
(c) The corporation shall not operate for the pur-
pose of carrying on a trade or business for profit.
ARTICLE III.
NO PECUNIARY GAIN TO MEMBERS
3.1) This corporation does not afford pecuniary gain,
incidentally or otherwise, to its members.
ARTICLE IV.
nTTD7T TTn Kr
4.1) The period or duration of this corporation shall be
perpetual.
o -4-
D `i 597
ARTICLE V.
LOCATION OF REGISTERED OFFICE
5.1) The location of the registered office of this corporation
is:
8200 No rmandale Boulevard
Suite 323
Bloomington, Minnesota 55437
ARTICLE, VI.
INCORPORATORS
6.1) There are three (3) incorporators, and their names
and addresses are as follows:
Ernest Bundgaard, 8200 Normandale Avenue South
a/k/a Allen Gray Suite 323
Bloomington, Minnesota 55437
Robert J. Lukes 2022 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
Louis L. Ainsworth 2022 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
ARTICLE VII.
BOARD OF DIRECTORS
7.1) The number of directors constituting; the first Board
of Directors is three (3). They shall serve as directors until
June 1, 1979 or until their successors are elected or until they
resign or are removed or otherwise relinquish their activities.
The names and addresses of the first Board of Directors are as
follows:
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Q
r 0_
IS
Ernest Bundgaard,
a/ k/ a Allen Gray
Robert J. Lukes
Louis L. Ainsworth
8200 Normandale Avenue South
Suite 323
Bloomington, Minnesota 55437
2022 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
2022 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
ARTICLE VIII.
LIABILITY OF MEMBERS
8.1) Members shall not be personally liable for corporate
obligations.
ARTICLE IX.
CAPITAL STOCK
9.1) This corporation shall have no capital stock.
ARTICLE X.
DISSOLUTION
10.1) In the event of dissolution, liquidation or winding
up of this corporation, all of its then assets shall be distributed
as follows.
(a) The dissolution shall be conducted under court
supervision, if required or permitted under the statutes of the State
of Minnesota, as now enacted or as hereafter amended, and subject
to prior compliance with Subdivision 1, clauses (2), (3) and (4)
of Section 317.57 of the Minnesota Statutes, the assets of the
corporation shall be distributed to the members of the corporation
pro rata.
(b) If the dissolution under court supervision is
not required or permitted under the Statutes of the State of Minne-
sota, as now enacted or as hereafter amended, the assets of this
corporation shall be distributed, subject to prior compliance with
Subdivision 1, clauses (2), (3) and (4) of Section 317.57 of the
Minnesota Statutes, to the members of the corporation pro rata.
ARTICLE XI.
SPECIAL VOTING AND AMENDMENT PROCEDURES
11.1) Without the prior written approval of at least
seventy-five percent (75o) of the first mortgagees (based upon one
vote for each first mortgage owned) or owners (other than Developer)
of the individual lots, the corporation shall not be entitled to
(1) By any act or omission seek to abandon, partition, subdivide,
encumber, sell or transfer the common property owned directly or
indirectly by the Homeowners Association. The granting of easements
for public utilities or for other public purposes consistent with
the intended use of the common area shall not be deemed a transfer
within the meaning of this clause. (2) Change or modify the method
of determining obligations, assessments, dues or other charges which
may be levied against a lot owner. (3) By act or omission change,
waive or abandon any scheme of regulations, or enforcement thereof,
pertaining to the architectural design or exterior appearance of
the units, the maintenance of the common area party walks or common
fences and driveways or the upkeep of lawns and plantings in the
common areas. (4) Fail to maintain fire and extended coverage on
insurable conmion area property on a current replacement cost basis
in an amount not less than one hundred percent (100%) of the in-
surable value (based on current replacement costs). (5) Use hazard
insurance proceeds for losses to any common area property for other
than the repair, replacement or reconstruction of such common area
property.
IN WITNESS WHEI:.EOF, for the purpose of forming this corporation
under the laws of the State of Minnesota, we, the undersigned, con-
stituting the incorporators of this Association, have executed these
Articles of Incorporation this _day of � 1978.
2,� , d / Z_5��
Ernest Bundgaard, c a Alle Gray
1.
P.ob_�+rt J. Lu es
�r
Louis L. Ainswortz
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STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
On this day of 1978, personally appeared
before me ER14EST BUNDGAARD, also known as ALLE14 GRAY, to me known to
be the person described in the foregoing Articles of Incorporation,
and who executed the same as his free act and deed.
pu i -j HLI
V0 A t-0 j I , f y
1.4'.�V. W0. 1l. •d
Notary Public
STATE OF 'MINNESOTA)
ss.
COUNTY OF HENNEPIN)
On this day of
1978, personally appeared
before me ROBERT J. LUKES, to me known to be the person described in
the foregoing Articles of Incorporation, and who executed the same
as his free
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
On this/-V�day of
lc
1978, personally appeared
before me LOUIS L. AINSWORTH, to me known to be the person described
in the foreg ,oing Articles of IncorpQration, and who executed the same
as his free act and deed.
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STATE OF MINNESOTA
DEPARTMENT OF STATE
1 hc:rei)y certify that the within
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A. D. 19,�at� o'clock M•,
and was duly recorded in Boor
of Incorporations, on "p�a"ge� � 4�1
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRIC`.TIONS
THIS DECLARATION, made this 18th day of August, 1978 by Ernest
Bundgaard, a/k/a Allen Cray and Mary Lee Bundgaard, husband and wife,
(hereafter collectively referred to as "Declarants")
WITNESSETH:
WHEREAS, Declarants are the owners of that certain property in the
City of Chanhassen, County of Carver, State of Minnesota, which is more
particularly described as follows:
Lots 1 - 12 inclusive; Outlots A and B; all in
Sunny Slope Addition, Carver County, Minnesota.
WHEREAS, the Declarants have caused to be incorporated under the
laws of the State of Minnesota on September 20, 1978 a non-profit cor-
poration, called Sunny Slope Homeowners Association, which the By -Laws
of said corporation are attached hereto and incorporated herein as
Exhibit A, to which shall be assigned the powers and duties of maintaining
and administering the common areas and facilities and administering and
enforcing the covenants and restrictions and collecting and disbursing
the assessments and charges hereinafter created,
.NOW, THEREFORE, the Declarants hereby declare that the real pro-
perty described in Article II is, and shall be held, transferred, sold,
conveyed and occupied, subject to the covenants, restrictions, ease-
ments, charges and liens hereinafter set forth.
ARTICLE I.
DEFINITIONS
Section 1. The following words, when used in this Declaration, or
any supp en- 1�` ental Declaration (unless the context shall prohibit) shall
have the following meanings:
(a) Association shall refer to Sunny Slope Homeowners Association.
(b) Common areas shall refer to Outlots A and B, Sunny Slope Addi-
tion, Carver County, Minnesota, according to the recorded plats thereof.
(c) Lot shall refer to any lot together with any improvements there-
on except common areas.
(d) Owner shall refer to holder of the fee simple absolute, con-
tract vendee, life tenant or lessee under a lease having a term of more
than three (3) years, or any combination thereof.
0
(e) Member shall refer to a member of the Association as provided
in Article III of Section 1 hereof.
(f) Developer shall refer to Declarants, their heirs, successors
or assigns, if such heirs, successors or assigns should acquire more
than two lots from Declarants.
(g) Recreational facilities shall refer to structures, buildings
and personal property, whether attached or detached from the common
areas, acquired by the Association for the use and enjoyment of the
owners.
(h) Capital improvement shall refer to any construction of, re-
construction of, substantial alteration of, substantial repair of, or
substantial addition to the physical amenities on the common areas,
except work performed by governmental bodies.
(i) Mortgage shall mean and refer to any mortgage of record or
other security instrument by which a lot or any part thereof is en-
cumbered.
(j) Mortgagee shall mean and refer to any person or entity named
as mortgagee under any mortgage or to any successors in interest of
such person or entity under said mortgage.
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO
Section 1. Existing Property. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in the City of Chanhassen, County of Carver and
State of Minnesota, and is more particularly described as follows:
Lots 1 - 12 inclusive; Outlots A and B; all in
Sunny Slope Addition, Carver County, Minnesota
all of which real property shall hereinafter be referred to as Existing
Property.
ARTICLE III.
MEMBERSIIIP AND VOTING RIGIITS
IN TIIE ASSOCIATION
Section 1. Members. The qualifications of members and the manner
of their admission into the Association shall be as follows:
(a) An owner shall by virtue of such interest be a member of this
Association.
(b) When one or more persons is an owner of a lot, all such per-
sons shall be members.
(c) It shall be the duty of each owner to register his name and
the nature of his interest with the Secretary of the Association. If
the owner does not register his interest, the Association shall be under
no duty to recognize his ownership..
(d) The owners of each lot shall be collectively entitled to one
vote.
(e) When there is more than one owner of a lot, the vote shall be
cast by the person named in a certificate signed by all owners of the
lot and filed with the Secretary of the Association. Such certificate
shall be valid until revoked by a subsequent certificate.
(f) The share of an owner in the funds and assets of the Asso-
ciation cannot be assigned, pledged, encumbered or transferred in any
manner, except as an appurtenance to his lot.
ARTICLE IV.
PROPERTY RIGHTS IN THE COMMON AREAS
OWNERS AND MEMBERS
Section 1. Easements of Enjoyment. Every owner and member shall
have the following non-exclusive appurtenant easements and rights to
the common areas and said easements and rights shall be non-exclusive
and appurtenant to every lot and shall pass with the title to every lot:
(a) Ingress and egress.
(b) Utility easements, including but not limited to electrical,
gas, sewer, water, telephone and easements for surface drainage.
(c) Parking privileges.
(d) Right of overhang and encroachment of improvements on a lot
which are not inconsistent with the use of the common areas by other
members.
(e) Right and easement of enjoyment for recreational purposes on
Outlot A.
Section 2. Title and Improvements to common areas. The developer
shall convey and record title to the common areas to the Association
prior to the conveyance of a fee title to any lot.
Developer shall have the right to enter upon the common areas as
long as developer owns any unsold lots in the development or while the
improvements to the common areas have not been completed. _.
Section 3. Extent of Members' Easements. The rights and easements
of enjoyment described herein and the title of the Association to the
common areas shall be subject to the following:
a - 3 - `�
(a) The right of the Association, in accordance with its Articles
and By -Laws, to borrow money for capital improvements on the common areas
and in aid thereof to mortgage the common areas and the rights of such
mortgagee in the common areas shall be subordinate to the rights of the
members hereunder.
(b) The right of the Association to take such steps as are reason-
ably necessary to protect the common areas against foreclosure.
(c) The right of the Association, through its Board of Directors,
as provided in its Articles and By -Laws, to suspend the enjoyment rights
of any member 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, and the Association, through its Board of Directors,
shall also have the right to levy fines against members for any in-
fraction of the rules and regulations adopted pursuant to the By -Laws
and Articles of Incorporation, with said fines to be in the amount of
Ten Dollars ($10.00) per occurrence or infraction and Ten Dollars ($10.00)
per day per occurrence for each continuing occurrence or infraction
thereof; provided, however, that nothing contained in this paragraph 3c
shall be deemed to deny an owner easement for access and utility purposes.
Section 4. Delegation of Use. Any owner may delegate, in accord
with the By -Laws, his right of enjoyment to the common areas and facili-
ties to his tenants who reside on the property and to members of his
family and his guests.
Section 5. Taxes and Special Assessments on Common Areas. The
Association shall have the right, power and authority to collect such
levies as part of the annual assessment, if such taxes and special
assessments are not collected by the governmental body from the owners
or paid by the owners to the governmental body when the same is due and
payable.
Section 6. Use of the Common Areas. The common areas shall be
used strictly in accordance with the rights and easements granted there-
on. Except as herein provided, no owner shall obstruct or interfere
whatever with the rights and privileges of other owners in the common
areas and nothing shall be planted, altered, constructed upon or re-
moved by an owner from the common areas, except by prior written consent
of the Association. If an owner shall violate this section, the Asso-
ciation shall have the right to restore the common areas to its prior
condition and assess the cost thereof against the owner who violates
this section aid such costs shall become a lien upon the lot of such
owner, which shall become due and payable upon demand. The Association
shall have the same right and powers to collect the cost of such re-
storation as provided in Article VI for the collection of delinquent
annual assessments. If an owner interferes with the rights and privi-
leges of another owner in the use of the common areas, except as herein
provided, the Association or the owner may commence an action to enjoin
o -4-
such interference and the prevailinv1 party shall be entitled to recover
such reasonable attorneys' fees as the court may allow together with all
necessary costs and disbursements incurred in connection therewith.
ARTICLE V.
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
Section 1. Common Areas. The Association, subject to the rights
of the owners set forth in this Declaration, shall be responsible for
the exclusive management and control of the common areas and all im-
provements thereon (including furnishings and equipment related there-
to) and shall keep the same in good, clean, attractive and sanitary
condition, order and repair.
Section 2. Services. The Association may obtain and pay for the
services of any person or entity to manage its affairs, or any part
thereof, to the extent it deems advisable, as well as such other per-
sonnel as the Association shall determine to be necessary or desirable
for the proper operation of the Association whether such personnel are
furnished or employed directly by the Association or by any person or
entity with whom or which it contracts. The Association may obtain and
pay for legal and accounting services necessary or desirable in con-
nection with the operation of the Association or the enforcement of
this Declaration. Notwithstanding anything to the contrary, any agree-
ment or contract for professional management services or any other con-
tract providing for services by the Developer must provide for termi-
nation by either party without cause or payment of a termination fee on
ninety (90) days or less written notice, and any agreement or contract
shall have a maximum term of three (3) years.
Section 3. Personal Property for Common Use. The Association may
in accordance with its Articles and By -Laws acquire and hold for the use
of all of the members tangible and intangible personal property and may
dispose of the same by sale or otherwise. Such beneficial interest shall
not be transferable except with the transfer of a lot. A transfer of
a lot shall transfer to the transferee ownership of the transferor's
beneficial interest in such property without any reference thereto.
Each member may use such property in accordance with the purpose for
which it is intended, without hindering or encroaching upon the lawful
rights of other members. The transfer of title to a lot pursuant to
foreclosure shall entitle the purchaser to the beneficial interest in
such personal property.
Section 4. Rules and regulations. The Association may make reason-
able rules and regulations governing the use of the lots and of the com-
mon areas, which rules and regulations shall be consistent with the rights
and duties established in this Declaration.
Section 5. Parking. The Association shall maintain upon the com-
mon areas vehicle parking spaces conveniently located for use of the
owners, members of his family, tenants and their guests. No one shall
Q
- 5-
use these parking spaces for storage of boats, snowmobiles, trailers
or camping vehicles. The Association may from time to time establish
additional rules and regulations concerning the use of these parking
spaces and may cause to be towed from the common areas improperly
parked vehicles at the owner's expense._
ARTICLE VI.
ASSESSMENTS
Assessments against the members shall be levied by a majority vote
of the Board of Directors of the Association and paid by the members to
the Association in accordance with the following provisions:
Section 1. Both annual and special assessments shall be fixed at
a uniform rate for all lots.
Section 2. Any assessment for alterations or additions to im-
provements of the common areas involving an expenditure of $5,000.00
or more shall first be approved by, a two-thirds (2/3) vote at a special
meeting called for such purpose.
Section 3. Each member shall be liable for his share of common
expenses, and any common surplus shall be allocated to each lot.
Section_ 4. All assessments, both annual and special, shall become
a lien upon the lot as of 12:01 A.M. on the date they become due and
payable.
Annual assessments for common expenses shall be made for the calen-
dar year annually in advance on or before the second Monday in December
of the year preceding that for which the assessments are made, and
special assessments at such other additional times as in the judgment
of the Board of Directors, additional common expenses assessments are
required for the proper management, maintenance and operation of the
common areas. Such annual assessments shall be due and payable in
twelve (12) equal monthly installments commencing on the first day of
January and the first day of each and every month thereafter. Special
assessments shall become due and payable at the time the special assess-'
ment is approved by the Board of Directors as provided herein. Any
penalties or interest charges on special assessments shall be the same
as those for annual assessments as provided in Section 6 of Article VI.
The Board of Directors shall include in all installments of annual assess-
ments an amount of money calculated to provide an adequate reserve fund
for the maintenance, repairs, and replacements of these elements of the
common areas that must be replaced on a periodic basis. The Board of
Directors in its discretion may assess a special assessment to be in
cluded in the annual assessment for the purpose of establishing a fund
to provide payment for interior and exterior maintenance costs not covered
by any reserve fund for maintenance repairs and replacement of those
elements of the common areas for which a reserve fund has been established
Section 5. The assessments against all lots shall be set forth
upon a roll of the lots which shall be available in the office of the
Association for inspection at all reasonable times by members or their
duly authorized representatives. Such roll shall indicate for each
lot the name and address of the members, the assessments for all pur-
poses and the amounts of all assessments paid and unpaid. A certifi-
cate made by the Association as to the status of a member's assessment
account shall limit the liability of any person for whom such certi-
ficate is made. The Association shall issue such certificates to such
persons as a member may authorize in writing.
Section 6. Assessments and installments thereof paid on or be-
fore ten (10) days after the date when due shall not bear interest,
but all sums not paid on or before ten (10) days after the date when
due may be deemed at the discretion of the Board of Directors to bear
interest at the rate of eight (80) percent per annum from the date
when due until paid. All payments upon account shall be applied first
to interest and then to the assessment payment first due. All interest
collected shall be credited to the common expense account.
Section 7. No member may exempt himself from liability for his
contribution towards the common expenses by waiver of the use or en-
joyment of any of the common areas and facilities or by the abandon-
ment of his lot.
Section 8. All sums assessed by the Association shall consti-
tute a lien on each lot on the dates and times hereinbefore specified
which shall be prior to all other liens except only:
Tax liens and liens for special assessments in favor of any
taxing and assessing unit, and all sums unpaid on any first mortgage
recorded prior to the date the sums assessed by the Association be-
come a lien.
Such lien may be foreclosed by action in like manner as a fore-
closure by action of a mortgage of real property. The Association
shall have the power to bid in at foreclosure sale, and to hold, lease,
mortgage and convey the lot so acquired. An action to recover a money
judgment for unpaid common expenses may be brought.
The purchaser at the foreclosure sale of the first mortgage of
record and his successors in interest of a first mortgagee that takes
a deed in lieu of foreclosure shall upon the expiration of the period
of redemption or upon recording of the deed in lieu of foreclosure, hold
title to the lot free and clear of any existing lien for assessments
arising subsequent to the recordation of said first mortgage, and such
purchaser or grantee and his successors in interest shall not be per-
sonally liable for such assessments. Any such unpaid assessments shall
thereupon be spread over and become.a lien on all other lots in equal
shares.
14
Section 9. Any first mortgagee, upon request, shall be entitled
to written notification from the Association of any default in the
performance by the individual owner of a lot on which the mortgagee
has a first mortgage of any obligation under this Declaration, By -Laws
or other documents which is not cured within sixty (60) days.
ARTICLE VII.
ARCHITECTURAL APPROVAL AND COMMITTEE
Section 1. Prior Approval. Prior to the construction of any
dwelling, building, wall, fence or other structure shall be commended,
erected or maintained upon any lot or prior to any change or alteration
therein being made, the plans and specifications showing the nature,
kind, shape, height, materials and location of the same shall have been
submitted to and approved in writing as to the harmony of external de-
sign and location in relation to the surrounding structures and land-
scaping by the Association or by an Architectural Committee composed
of three or more representatives appointed by the Association. If a
committee is appointed by the Association, the committee shall consist
of no less than one voting member of the Association, an architect
suitable to the Association and a building contractor. The Association
or Architectural Committee shall either approve or disapprove any con-
templated act or acts under this section within thirty (30) days after
a request for approval has been presented or within thirty (30) days
after said act has occurred. If no approval has been given within the
aforementioned thirty (30) day period(s), the act or contemplated act
shall have been deemed to have been disapproved by the Association or
Architectural Committee.
Section 2. Failure to comply with the requirements of this Article
shall subject the member to a fine of Ten Dollars ($10.00) per day for
each day any unauthorized act as provided in this Article continues.
This fine shall be levied commencing on the day when the Association or
Architectural Committee disapproves said act, as provided herein. In
addition, if an owner shall violate the terms of this Article, the Asso-
ciation shall have the right to restore the property to its prior con-
dition and assess the costs thereof against the owner who violates this
Article, and such costs shall become a lien upon the lot of such owner
which shall become due and payable upon demand. The Association shall
have the same right and powers to collect the costs of such restoration
as provided in Article VI for the collection of delinquent annual assess-
ments.
ARTICLE VIII.
GENERAL PROVISIONS
Section 1. Duration. The easements created hereby shall be per-
manent and the covenants and restrictions contained in this Declaration
shall run with and bind 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, suc-
cessors and assigns, for a term of twenty (20) years from the date this
Declaration is recorded, after which time said covenants and restric-
tions shall be automatically renewed for successive periods of ten (10)
years.
Section 2. Amendment. This Declaration shall not be amended unless
not less than two-thirds (2/3) of the members and not less than two-thirds
(2/3) of the mortgagees of record agree to such amendment. Notwithstand-
ing anything to the contrary stated above, unless at least seventy-five
percent (75%) of the first mortgagees (based upon one (1) vote for each
first mortgage owned) or owners (other than the Developer) of the lots
have given their prior written approval, the Association shall not be
entitled to: (1) By any act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the common property owned directly
or indirectly by the Association. The granting of easements for public
utilities or for other public purposes consistent with the intended use
of the common areas shall not be deemed a transfer within the meaning of
this clause. (2) Change or modify the method of determining obligations,
assessments, dues or other charges which may be levied against a lot
owner. (3) By act or omission change, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural
design or exterior appearance of the units, the exterior maintenance of
the units, the maintenance of the common area party walks or common fen-
ces and driveways or the upkeep of lawns and plantings in the common
areas. (4) Fail to maintain fire and extended coverage on insurable
common area property on a current replacement cost basis in an amount
not less than one hundred percent (100a) of the insurable value (based
on current replacement costs). (5) Use hazard insurance proceeds for
losses to any common area property for other than the repair, replace-
ment or reconstruction of such common area property.
Section 3. No lot shall be used for any other purposes except for
residential purposes. No buildings shall be erected, altered, placed
or permitted to remain on any lot except a single dwelling house designed
for the accomodation of one family, together with a garage designed to
accomodate a minimum of two (2) automobiles. Any adjoining or adjacent
storage area, whether or not attached to or adjacent to the house or
garage, shall be constructed of the same material used, or to be used
on the exterior of the house.
Section 4. All light posts and mail boxes must be of a uniform de-
sign, if placed on the property owned by the Association. The design
must be approved by the Association or Architectural Committee.
Section 5. No children under the age of sixteen (16) years shall
be permitted or allowed to reside, visit or live on the property covered
by this Declaration for a period of longer than thirty (30) days in any
given calendar year. If an owner or any person residing with an owner
shall have a child under the age of sixteen (16) as a result of birth,
adoption, custody or any other lawful means, the owner shall have two
(2) years from the date of receiving written notification from the As-
sociation in which to sell or otherwise dispose of all property which is
subject to this Declaration.
d
Section 6. No sign, advertisement, notice or other lettering
shall be exhibited, inscribed, painted, affixed or displayed in any
manner on any lot governed by these Declarations without the prior
written consent of the Association.
Section 7. No baby carriages, velocipeds, bicycles, snowmobiles,
motorcycles, motor bikes, boats, canoes or recreational watercraft or
other recreational vehicles or equipment shall be kept on the property
subject to these Declarations where it can be viewed from the adjoin-
ing roadway or common areas of the property subject to this Declaration.
Section 8. No noxious or offensive activities shall be carried
on any property which is the subject of this Declaration, nor shall
anything be done thereon, such as motorcycle riding or snowmobile
riding or the creation of noises which may become an annoyance or
nuisance to the neighborhood. .
Section_9. No animals, livestock or poultry of any kind shall be
raised, bred or kept on the property which is the subject of this
Declaration, except that dogs, cats or other household pets may be
kept in such numbers as decided by the Association.
Section 10. No lot shall be used or maintained as dumping grounds
for rubbish. Trash, garbage or other wastes shall not be kept except
in sanitary containers or in a covered storage area built onto a house
or a garage and no exterior burning of household refuse shall be done
except in areas as may be designated by the Association. All incinera-
tors or other equipment for the storage or disposal of such material
shall be kept within the garage forming a part of the living unit, un-
less otherwise designated by the Association.
Section 11. No full or part-time business shall be conducted
on any portion of the property subject to this Declaration that would
increase the vehicular traffic or use of any portion of the property
subject to this Declaration by individuals who are not members of the
Association. Nothing herein should be construed as prohibiting the
use of a portion of the living unit as a place of business or office
except as set forth above.
Section 12. No structure of a temporary character, trailer,
basement, tent, shack, garage, boat house, barn or other outbuilding
shall be used on any portion of the property subject to this Declara-
tion at any time as a resident either temporarily or permanently.
There shall be no cyclone fencing installed which is visible from the
common areas of the property subject to this Declaration.
Section 13. No direct access to Lake Riley Boulevard shall be
permitted from the existing property, except over and accross Outlot
B. It is the intent and purpose of this provision to prohibit ingress
and egress to and from any of the existing property except over and
across Outlot B as set forth above. Failure of lot owner from which
the prohibited ingress or egress occurred to comply with this re-
striction shall subject the member to a fine of Ten Dollars ($10.00)
for each occurrence. Any fine assessed under this provision shall
become a lien upon the lot of such member or owner and shall become
due and payable upon demand. The Association shall have the same
right and power to collect and enforce any fine levied under this
paragraph as those given to the Association for the collection of
delinquent annual assessments.
Section 14. Notices. Any notice required to be sent to any
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.
Section_15. Enforcement of these covenants 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 a waiver of the right to
do so thereafter.
Section 16. The singular shall be deemed to include the plural
wherever appropriate, and unless the context clearly indicates to the
contrary, any obligations of the owners or members shall be joint and
several except where the context otherwise requires.
Section 17. Severability. Invalidation of any
covenants or restrictions by judgment or Court Order
affect any other provision which shall remain in full
one of these
shall in nowise
force and effect.
Section 18. No Public Dedication. Nothing contained in this
Declaration shall be construed or deemed to constitute a dedication,
express or implied, of any part of the common areas to or for any
public use or purpose whatsoever.
IN WITNESS WHEREOF, the Declarants have executed this instrument
as of the day and year first above written.
Ernesn gaardal'�o known
t Bu
as Allen Gray
Mary Le Bundgaard �
0
-1t-
3
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of �,�c.- 1978, by Ernest Bundgaard, also known as
Allan Gray, and Mary Lee Bundgaard, husband and wife.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Delaney, Thompson & O'Rourke, Ltd.
2208 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
RETURN TO:
Delaney, Thompson & O'Rourke, Ltd.
2208 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
_12_
'19 f,
4
0
FIRST AMENDMENT TO DECLARATION
OF CONVENANTS, CONDITIONS AND RESTRICTIONS
INK ADDITION OF OMITTED BYLAWS OF
SUNNY SLOPE HOMEOWNERS ASSOCIATION
This Amendment made this 23rd day of October, 1978, by Ernest Bundgaard, a/k/a
Allen Cray and Mary Lee Bundgaard, husband and wife, (hereinafter collectively referred
to as "Declarants");
WITNESSETH:
WHEREAS, Declarants are the owners of that certain property in the City of
Chanhassen, County of Carver, State of Minnesota, which is more particularly described
as follows:
Lots 1 - 12 inclusive; Outlots A and B; all in Sunny Slope Addition, Carver
County, Minnesota.
WHEREAS, the Declarants have caused to be filed on the aforementioned legal
description a Declaration of Covenants, Conditions, and Restrictions, dated August 18,
1978, by Declarants filed September 25, 1978, in Book 37 of Miscellaneous, Pages 49-60 as
Document Number 39657;
WHEREAS, there have been no intervening interests between the date of the
aforementioned Declaration of Covenants, Conditions and Restrictions and this
Amendment;
WHEREAS, it is the desire of the Declarants to amend the aforementioned
Declaration of Covenants, Conditions and Restrictions -to delete a certain provision and
add the Bylaws of Sunny Slope Homeowners Association that were erroneously omitted
from the aforementioned Declaration of Covenants, Conditions and Restrictions;
NOW, THEREFORE, the Declarants hereby amend the aforementioned Declaration
of Covenants, Conditions and Restrictions as follows:
I. That Section 5 of Article VIII referred to in the General Provisions of the
Declaration of Covenants, Conditions and Restrictions dated August 18, 1978, and filed
September 25, 1979, in Book 37 of Miscellaneous, Pages 49 to 60 as Document Number
39657 is hereby deleted and removed from said Declaration. That it is the intent and
purpose of the deletion and removal of this provision to release the above described
property from all burdens and restrictions that this provision created.
2. That the [bylaws attached hereto as Exhibit "A" are hereby included in and
made a part of the above Declaration of Covenants, Conditions and Restrictions as the
Bylaws of Sunny Slope Homeowners Association.
// � SCANNED
IN WITNESS WHEREOF, the Declarants have executed this instrument the date and
year first above written.
1
Ernest Bundgaard aPk/ta Allen Gr
Mary Le V'undgaard ----
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
i�
The foregoing instrument was acknowledged before me this r day of 1UOy
1978, by Ernest Rundgaard, also known as Allen Gray, and Mary Lee Bundgaard, husband
and wife.
Drafted by:
Wiese and Cox, Ltd.
2022 IDS Center
Minneapolis, Minnesota 55402
Lv"M Q'--,
Notary Public - --
3 y7
FII:ST ANIF.NI-W NT 1'O DECLARATION
OF (-(-)NVCNANT',, CONDITIONS AND[:f S`l'I�IC;TlOi�1S
nN1� nl�lll"!'f05 cat (�n11"I'"i' I� I�Y1 AW1 ; � F -
S1�Ni\1' SLOh� H0111_��'`'NLI�y f\S�t�Clr��i-1i_>\
This Amendment made. this 23rd day of October, 1978, by Ernest Rundgaard, a/k/a
Allen Gray and Mary Lee Bundgaard, husband and wife, (hereinafter collectively referred
to as "Declarants");
WITN ESSETH:
WHEREAS, Declarants are the owners of that certain property in the City of
Chanhassen, County of Carver, State of Minnesota, which is more particularly described
as follows:
Lots I - 12 inclusive; Outlots A and D; all in Sunny Slope Addition, Carver
County, Minnesota.
WHEREAS, the Declarants have caused to be filed on the aforementioned legal
description a Declaration of Covenants, Conditions, and Restrictions, dated August 18,
1978, by Declarants filed September 25, 1978, in Book 37 of (`Miscellaneous, Pages 49-60 as
Document Number 39657;
WHEREAS, there have been no intervening interests between the date of the
aforernentioned Declaration of Covenants, Conditions and Restrictions and this
Amendment;
W11FREAS, it is the desire of the Declarants to amend the aforementioned
Declaration of Covenants, Conditions and Restrictions.to delete a certain provision and
add the Ryla%VS of Sunny Slope Homeowners Association that were erroneously omitted
from the aforementioned Declaration of Covenants, Conditions and Restrictions;
NOW, TH EIZ EFORI F, the Declarants hereby amend the aforementioned Declaration
of Covenants, Conditions and Restrictions as follows:
1. That Section 5 of Article VIII referred to in the General Provisions of the
DociarZtion of Covenants, Conditions and Restrictions dated August 18, 1978, and filed
September 25, 197R, in Kook 37 of Miscellaneous, Pages 49 to 00 as Document Number
39E,57 is hereby delete(, and removed from said Declaration. That it is the intent and
purpose of the deletion and removal of this provision to release the above described
property from all burdens and restrictions that this provision created.
2. Th,it the hvl.iws attached hereto as Exhibit "A" are hereby included in and
mmk- (i Part of the above Declaration of Covenants, Conditions and Pestric:tions as the
Ilylaws of Sunny Slope Homeowners Association.
w
IN 1,VITNI SS ,T HF,I:EOf, the Declarants have executed this instrument the date and
year first ahove written. _
ErnI(Igaard4k�/a Allen Gr y
:::2
Mary Lc [ un-gaard ►
STATE OF MiINNF-.S0TA )
) ss.
COUNTY OF Hl NNEPIN )
The foregoinsg instrument was acknowledged before me this � r day of NOV.
197S, by Ernest Bundgaard, also known as Allen Gray, and Nlary Lee Rundgaard, husband
and wife.
Drafted by:
`'iese and Cox, Ltd.
2022 IPS Center
Minneapolis, Minnesota 55402
Notary PL1bHC
draws .,
4
EXHIB:t T A
BY-LAWS
OF
SUNNY SLOPE HOMEOWNERS ASSOCIATION
ARTICLE I.
NAME AND LOCATION
1.1) The name of the corporation is Sunny Slope Homeowners
Association.
1.2) The principal office of the corporation shall be located
at:
8200 Normandale Avenue South
Suite 323
Bloomington, Minnesota 55437
RnMT/_TC' TT
DEFINITIONS
The following words, when used in this Declaration, or any sup-
plemental Declaration (unless the context shall prohibit) shall have
the following meanings:
2.1) Association shall refer to Sunny Slope Homeowners Asso-
ciation.
2.2) Common areas shall refer to Outlots A and B, Sunny Slope
Addition, Carver County, Minnesota.
2.3) Lot shall refer to any of the following lots, together
with any improvements thereon:
Lots 1 - 12 inclusive, Sunny Slope
Addition, Carver County, Minnesota
4
F. scancNen
2.4) Owner shall refer to holder of the fee simple abso-
lute, contract vendee, life tenant or lessee.under a lease having
a term of more than three (3) years, or any combination thereof.
2.5) Member shall refer to an owner or owners of a lot.
2.6) Develo:-er shall refer to Ernest Bundgaard, aka Allan
Gray and Mary Lee Bundgaard, husband and wife, their heirs, suc-
cessors and assigns, if such heirs, successors or assigns should
acquire more than one (1) lot from Ernest Bundgaard, aka Allan Gray
and Mary Lee Bundgaard.
2.7) Recreational racilities shall refer to structures, -
buildings and personal property, whether attached or detached from
the common areas, acquired or built by the Association for the use
and enjoyment of owners.
2.8) Capital Improvement shall refer to any construction of,
reconstruction of, substantial alteration of, substantial repair of,
or substantial addition to the physical amenities on the common areas,
except work performed by governmental bodies.
2.9) Mortgage shall mean and refer to any mortgage of record
or other security instrument by which a lot or any part thereof is
encumbered.
2.10) Mortgagee shall mean and refer to any person or entity
named as mortgagee under any mortgage or to any successors in inter-
est of such person or entity under said mortgage.
ARTICLE III.
VOTING RIGHTS
The Association shall not have capital stock, but shall,,ha,ve
two (2) classes of voting members.
0
(a) Class A. The owners of each lot shall be collectively
entitled to one (1) vote.
It shall be the duty of each owner to register his name and the
nature of his interest with the Secretary of the Association. If
the owner does not register his interest, the Association shall be
under no duty to recognize his ownership.
When there is more than one (1) owner of a lot, the vote shall
be cast by the person named in a certificate signed by all owners of
the lot and filed with the Secretary of the Association. Such cer-
tificate shall be valid until revoked by a subsequent certificate.
No split vote will be honored and no vote will be honored where
the several owners of any lot cannot reach agreement on the person
to be named in the certificate.
(b) Class B. The Class B member shall be the Developer and
shall be a voting member, but shall be entitled to three (3) votes
for each lot owned. The Class B membership shall cease and be con-
verted to Class A membership on the happening of either of the fol-
lowing events, whichever occurs earlier.
(1) When the total number of lots owned by Class A
members equals three (3) times the total number of lots owned by
Class B members, or
(2) December 31, 1979.
ARTICLE IV.
MEETING OF MEMBERS
4.1) Annual Meetin,-:s. The first annual meeting of the
members shall be held at 7:30 P.M. on the second (2nd) Thursday
0
in September and each subsequent regular annual meeting of members
shall be held at 7:30 P.M. on the second (2nd) Thursday of the same
month of each year thereafter. If the day for the annual meeting
of the members is a legal holiday, the meeting will be held at 7:30
P.M. on the first day following which is not a legal holiday.
4.2) Special Meetings. Special meetings of the members may
be called at any time by the President or by the Board of Directors,
or upon written request of the voting members of each class who are
entitled to vote one-fourth (1/4) of all the votes of the Class A
membership.
4.3) Notice of Meetings. Written notice of each meeting of
the members shall be given by, or at the direction of, the Secretary
or person authorized to call the meeting, by delivering written notice
either personally or by prepaid U. S. Mail at least fifteen (15) days
before such meeting to each member entered on the books of the Asso-
ciation. Such notice shall specify the place, day and hour of the
meeting, and in the case of a special meeting, the purpose of the
meeting.
4.4) Quorum. The presence at the meeting of voting members
entitled to cast, or of proxies entitled to cast, two -tenths (2/10)
of the votes of each class of membership shall constitute a quorum
for any action except as otherwise provided in the Articles of In-
corporation, the Declarations of these By -Laws. If, however, such
quorum shall not be present or represented at any meeting, the voting
members shall have the power to adjourn the meeting from time to time,
without notice other than announcement at the meeting, until a quorum
as aforesaid shall be present or be represented.
a
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4.5) Proxies. At all meetings of members, each voting mem-
ber may vote in person or by proxy. All proxies shall be in writ- _
ing and filed with the Secretary five (5) days before any meeting.
Every proxy shall be revocable and shall automatically cease upon
conveyance by the member of his interest in his lot.
4.6) Meetings.for Special Assessments for Capital Improve-
ments, Notice and Quorum Requirements for Capital Improvement Meet-
ings. 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 Area,
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of the votes of each class of members who are voting in person or
by proxy at a meeting duly called for this purpose. Written notice
of any meeting called for the purpose of taking any action with re-
spect to a special assessment for capital improvements shall be sent
to all members not less than thirty (30) 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 sixty percent
(60%) 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 re-
quired quorum at the subsequent meeting shall be one-half (1/2) of
the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the pre-
ceding meeting.
ARTICLE V.
BOARD OF DIRECTORS - SELECTION - TERM OF OFFICE
5.1) Number. The affairs of the Association shall be man-
aged by a Board of either three (3) or five (5) directors, who need
not be members of the Association.
5.2) Term of Office. At the first meeting of the members b
they shall elect one (1) director for a term of one (1) year, one
(1) director for a term of two (2) years and one (1) director for
a term of three (3) years; and at each annual meeting thereafter,
the members shall elect sufficient directors, for three (3) year
terms, to fill all vacant seats on the Board of Directors. In the
event that there are five (5) directors, then two (2) shall be
elected for a term of one (1) year; two (2) shall be elected for a
term of two (2) years and one (1) shall be elected for a term of
three (3) years.
5.3) Removal. Any director may be removed from the Board,
with or without cause, by a majority vote of the voting members of
the Association. In the event of death, resignation or removal of
a director, his successor shall be elected by the remaining members
of the Board and shall serve for the unexpired term of his predeces-
sor.
5.4) Compensation. No director shall receive compensation
for any service he may render to the Association. However, any
director may be reimbursed for his actual expenses incurred in the
performance of his duties.
0
- 6 -
5.5) Action Taken Without a Meeting. The directors shall
have the right to take any action in the absence of a meeting which
they could take at a meeting by obtaining the written approval of
all of the directors. Any action so approved shall have the same
effect as through taken at a meeting of the directors.
5.6) Number of Directors. The initial Board of Directors
shall consist of three (3) directors. The number of directors may
be changed by a majority vote of the voting members of each class,
through an amendment of these By -Laws.
ARTICLE VI.
NOMINATION AND ELECTION OF DIRECTORS
6.1) Nomination. Nomination for election to the Board of
Directors shall be made by a Nominating Committee. Nominations may
also be made from the floor at the annual meeting. The Nominating
Committee shall consist of a Chairman, who shall be a member of the
Board of Directors, and two (2) or more members of the Association.
The Nominating Committee shall be appointed by the Board of Directors
prior to each annual meeting of the members, to serve from the close
of such annual meeting until the close of the next annual meeting
and such appointment shall be announced at each annual meeting. The
Nominating Committee shall make as many nominations for election to
the Board of Directors as it shall in its discretion determine, but
not less than the number of vacancies that are to be filled. Such
nominations may be made from among members or non-members. The
Nominating Committee for the first annual meeting shall be the
initial Board of Directors.
6.2) Election. Election to the Board of Directors shall
be by secret written ballot. At such election the voting members
or their proxies may cast, in respect to any vacancy, as many votes
as they are entitled to cast as set forth herein. The person re-
ceiving the largest number of votes shall be elected. Cumulative
voting is not permitted.
ARTICLE VII.
MEETING OF DIRECTORS
10
7.1) Regular Meetings. Regular meetings of the Board of
Directors shall be held quarterly without notice, at such place and
hour as may be fixed from time to time by resolution of the Board.
Should said meeting fall upon a legal holiday, then that meeting
shall be held at the same time on the next day which is not a legal
holiday.
7.2) Special Meetings. Special meetings of the Board of
Directors shall be held when called by the President of the Asso-
ciation, or by any two (2) directors, after not less than three (3)
days notice to each director.
7.3) Quorum. A majority of the number of -directors shall
constitute a quorum for the transaction of business. Every act or
decision done or made by a majority of the directors present at a
duly held meeting at which a quorum is present shall be regarded as
the act of the Board.
ARTICLE VIII.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
8.1) Powers. The Board of Directors shall have power to:
n
1
(a) Adopt and publish rules and regulations govern- -
ing the use of common areas and the personal conduct of the members -
and their guests thereon, and to establish penalties for the infrac-
tion thereof, and may specifically levy fines against members for any
infraction of the rules and regulations so adopted; with said fines
to be in the amount of Ten Dollars ($10.00) per occurrence or in-
fraction and Ten Dollars ($10.00) per day per occurrence for each
continuing occurrence or infraction thereof;
(b) Suspend the right to use of the common areas of
a member during any period in which such member shall be in default
in the payment of any assessment levied by the Association. Such
rights may also be suspended after notice and hearing, for a period
not to exceed sixty (60) days for infraction of published rules and
regulations;
(c) Exercise for the Association all powers, duties
and authority vested in or delegated to Association in the Articles
of Incorporation, the By -Laws and the Declaration of Covenants, Condi-
tions and Restrictions affecting the property.
(d) Declare the office of a member of the Board of
Directors to be vacant in the event such -member shall be absent from
three (3) consecutive regular meetings of the Board of Directors; and
(e) Employ and discharge a manager, an independent con-
tractor, or such other employees as they deem necessary, and to pre-
scribe their duties.
to:
8.2) Duties. It shall be the duty of the Board of Directors
`h;) G
0
(a) Cause to be kept a complete record of all its
acts and corporate affairs and to present a statement thereof to
the members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth (1/4)
of the voting members of Class A who are entitled to vote.
(b) Supervise all officers, agents and employees of I
the Association, and to see that their duties are properly performed;
(c) As more fully provided in the Declarations, to:
(1) Fix the amount of the annual assessment
against each lot at least thirty (30) days in advance of each annual
assessment period;
(2) Send written notice of each assessment to
every owner subject thereto at least thirty (30) days in advance
of each annual assessment period; and
(3) Take appropriate action to collect delinquent
assessments which are not paid within thirty (30) days after due date;
(d) Issue, or to cause an officer to issue, upon de-
mand of any authorized person, a certificate setting forth whether
or not any assessment has been paid. A reasonable charge may be
made by the Board of Directors for the issuance of these certificates.
If a certificate states an assessment has been paid or that an assess-
ment is unpaid, such certificate shall be conclusive evidence of such
payment and the amount of any unpaid assessment;
(e) Procure and maintain adequate liability and hazard
and other insurance on property owned by the Association;
(f) Cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate;
v
(g) Cause the common areas to be maintained; _
(h) Charge,in its discretion, reasonable fees for
the use of any recreational facility situated upon the common areas.
(i) Provide, through association dues, an amount of
money calculated to provide an adequate reserve fund for the main-
tenance, repairs and replacements of the common areas that must be t
replaced on a periodic basis. '-k
(j) The Board of Directors not enter into anv aQree-
ment or contract for professional management or any other contracts
providing for services by the Developer unless the agreement or con-
tract entered into provides for termination by either party without
cause or payment of a termination fee on ninety days or less written
notice, and that the maximum term for any agreement or contract shall
be three years.
(k) Provide adequate security and surveillance services
for the property covered by the Declaration if so desired by the mem-
bers of the Association and in accordance with the procedures contained
herein.
ARTICLE IX.
OFFICERS AND THEIR DUTIES
9.1) Enumeration of Officers. The officers of the Associa-
tion shall be a President and Vice President, who shall at all times
be members of the Board of Directors, a Secretary and a Treasurer,
and such other officers as the Board may from time to time by reso-
lution create.
9.2) Election of Officers: The election of officers shall
take place at the first meeting of the Board of Directors following
-11-
w
each annual meeting of the members.
9.3) Term. The officers of the Association shall be elected
annually by the Board and each shall hold office for one (1) year un-
less he shall sooner resign, or shall be removed, or otherwise dis-
qualified to serve.
9.4) S,ecial Appointments. The Board may elect such other
officers as the affairs of the Association may require, each of whom
shall hold office for such period, have such authority, and perform
such duties as the Board may, from time to time, determine.
9.5) Resi-_nation and Removal. Any officer may be removed from
office with or without cause by the Board. Any officer may resign -at
any time by giving written notice to the Board, the President or the
Secretary. Such resignation shall take effect on the date of receipt
of notice or at any later time specified therein, and unless otherwise
specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
9.6) Vacancies. A vacancy in any office may be filled by ap-
pointment by the Board. The officer appointed to such vacancy shall
serve for the remainder of the term of the officer he replaces.
9.7) Multi-lle_Offices. The offices of Secretary and Treasurer
may be held by the same person. No person shall simultaneously hold
more than one (1) of any of the other offices except in the case of
special offices created pursuant to Section 9.4 of this Article.
9.8) Duties. The duties of the officers are as follows:
(a) President. The President shall preside at all
meetings of the Board of Directors; shall see that orders and reso-
lutions of the Board are carried out; shall sign all leases, mortgages,
deeds and other written instruments and shall co-sign all checks and
promissory notes.
(b) Vice_ President. The Vice President shall act
in the place and stead of the President in the event of his absence,
inability or refusal to act, and shall exercise and discharge such=
other duties as may be required of him by the Board.
(c) Secretary. The Secretary shall record the votes
and keep the minutes of all meetings and proceedings of the Board
and of the members; serve notice of meetings of the Board and of
the members; keep appropriate current records showing the members,'`
voting members and owners of the Association together with their
addresses, and shall perform such -other duties as required by the
Board.
(d) Treasurer. The Treasurer shall receive and
deposit in appropriate bank accounts all monies of the Association
and shall disburse such funds as directed by resolution of the
Board of Directors; shall sign all checks and promissory notes of
the Association; keep proper books of account; cause an annual audit
of the Association books to be made by a public accountant at the
completion of each fiscal year; and shall prepare an annual budget
and a statement of income and expenditures to be presented to the
membership at -its regular annual meeting and deliver a copy of each
to the members.
ARTICLE X.
COMMITTEES
10.1) The Board of Directors of the Association shall
appoint an Architectural Control Committee as provided in the
Declarations, and a Nominating Committee as provided in these By -
Laws. In addition, the Board of Directors shall appoint other
4
cgrrunittees as it may deem appropriate.
ARTICLE XI.
BOOKS AND RECORDS
11.1) The books, records and papers of the Association
shall at all times, during reasonable business hours, be subject
to inspection by any member. The Declarations, the Articles of
Incorporation and the By -Laws of the Association shall be available
for inspection by any member at the
Principal office of the Asso-
ciation, where copies may be purchased at reasonable cost.
ARTICLE XII.
CORPORATE SEAL
12._j The Association shall not have a corporate seal.
ARTICLE XIII.
AMENDMENTS TO THE BY-LAWS
13.1) These By -Laws may be amended, at a regular or spe-
cial meeting of the members, by a vote of a majority of a quorum
Of voting members, present in person or by proxy. Notwithstanding
anything to the contrary stated above, unless at least 75 percent
of the first mortgagees (based upon one vote for each First Mortgage
owned) or owners (other than the Developer) of the lots have given
their prior written approval, the Association shall not be entitled
to amend the By -Laws to cause any of the following to occur:
(1) By any act or omission seek to abandon, partition, subdivide,
encumber, sell or transfer the common property, owned directly or
indirectly by the Association.
O
11
The granting of easements for public utilities or for other
public purposes consistent with the intended use of the common
areas shall not be deemed a transfer within the meaning of this -
clause. (2) Change or modify the method of determining obliga-
tions, assessments, dues or other charges which may be levied
against a lot owner. (3) By act or omission change, waive or
abandon any scheme of regulations, or enforcement thereof, per-
taining to the architectural design or exterior appearance of the '~
units, the exterior maintenance of the units, the maintenance of
the common area party walks or common fences and driveways or the
upkeep of lawns and plantings in the common areas. (4) Fail to i
maintain fire and extended coverage on insurable common area pro-
perty on a current replacement- cost --basis in an amount not less
than 100 percent of the insurable value (based -on current replace-
ment costs). (5) Use hazard insurance proceeds for losses to any
common area property for other than the repair, replacement or
reconstruction of such common area property.
13.2) In the case of any conflict between the Articles
Of Incorporation and the By -Laws, the Articles shall control; and
in the case of any conflict between the Declarations and these
By -Laws, the Declarations shall control.
ARTICLE XIV.
MISCELLANEOUS
14.1) The fiscal year of the Association shall begin on
the 1st day of November and end on the 31st day of October of each
year, except that the first fiscal year shall begin on the date of
incorporation.
a
ARTICLE XV .
AMENDMENT5_TO THE ARTICLES OF INCORPORATION
15.1) The Articles of Incorporation may be amended by a
two-thirds (2/3) majority vote of the voting members of each class,
provided that the voting and quorum requirements specified for any
action under any provisions of the Articles of Incorporation shall
apply also to any amendment of such provisions, and provided fur-
ther that no amendment shall be effective to impair or dilute any
rights of members that are governed by the recorded covenants and
restrictions applicable which are part. of the property interests
created thereby. And further provided that notwithstanding any-
thing to the contrary stated above, unless at least 75 percent of
the first mortgagees (based upon one vote for each First Mortgage
owned) or owners (other than the Developer) of the lots have given
their prior written approval, the Association shall not be entitled
to amend the Articles of Incorporation to cause any of the follow-
ing to occur: (1) By any act or omission seek to abandon, -parti-
tion, subdivide, encumber, sell or transfer the common property
owned, directly or indirectly by the Association. The granting of
easements -for public utilities or for other public purposes consis-
tent with the intended use of the common areas. shall not be deemed
a transfer within the meaning of this clause. (2) Change or
modify the method of determining obligations, assessments, dues
or other charges which may be levied against a lot owner. (3) By
act or omission change, waive or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design or
0
e::Lerior appearance of the units, the exterior maintenance of the units,
t1je maintenance of the common area party walks or common fences and
driveways or the upkeep of lawns and plantings in the conunon areas.
(4) fail to maintain fire and extended coverage on insurable common
ar(ca property on a current replacement cost basis in an amount not less
than 100 percent of the insurable value (based on current replacement
costs). (5) Use hazard insurance proceeds for losses to any common
area property for other than the repair, replacement or reconstruction
of such common area property.
IN WITNESS MIL•'REOF, we, being all of the directors of Sunny Slope
Homeowners Association, have hereunto set our hands this 20th day
of September , 1978.
IN PRESI:NCL: OF:
0
-1 7-
CL•'1 TIPICATION
1, the undersigned, do hereby certify:
That I am the duly elected and acting Secretary of the Sunny
Slope iioiiieowners Association, a Minnesota corporation, and
That the foregoing By -Laws constitute the original By -Laws of
said association, as duly adopted at a meeting of the Board ..Of
Directors thereof, held on the 20th day of sepramhnr _, 1978.
IN 1r'I`1'I:L'SS tti'iiL•'nLOT', I have hereunto subscribed my name this
20LIi clay of S e 1) t:. c mb c, r , 1978.
Secretary it
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