79-01 - Christmas Acres PUD pt 3I..
AMENDMENT
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
CHRISTMAS ACRES
CARVER COUNTY, MINNESOTA
The undersigned, being all of the owners of the lots in the
subdivision of Christmas Acres, Carver County, Minnesota, agree, and
hereby do amend the Covenants, Conditions and Restrictions filed
June 19th, 1980 and recorded in Book 46 of Miscellaneous at page 7
through 16, Office of the County Recorder of said County, as
follows, viz:
1. Section l(b) shall'be amended by substituting in its
entirety the following paragraph, viz:
"l(b). "Common Area" shall mean a 15-foot wide lake access
easement over Lot 3, along and adjacent to the southwesterly
and northwesterly lines of said Lot 3, and any dock which is
constructed therefrom, which is for the common use and
enjoyment of the Owners of Lots 1, 2, 6 and 7, Block 1, of
said Christmas Acres."
2. The first sentence of Section 4 shall be amended by sub-
stituting in its entirety the following first sentence, via:
"The Common Area Easement for the use and benefit of Lots 1,
2, 6 and 7, Block 1, shall be a non-exclusive easement, for
use by the Owners of said Lots for access to Christmas Lake,
in accordance with the prcvisions of this Section."
3. Section 4(e) shall be amended by substituting in its
entirety the following Paragraph, viz:
"C e). One common dock, adequate in size for the docking of
four 20-foot long boats, may be constructed from said Common
Area into Christmas Lake; and the Owners of Lots 1, 2, 6 and
7 of Block 1, shall utilize said common dock."
4. Section 4(f) shall be amended by substituting in its
entirety the followinq paragraph, viz:
114(f) The Owner of Lot 6, Block 1, shall'be in charge of
and oversee the annual installation and removal of the dock
hereinbefore referred to and the maintenance of the Common
1
Area, and, in the event the Owners entitled to use the same
shall fail to install, remove and maintain the dock or
Common Area in a reasonable manner, the Owner of Lot 3, or
any individual Owner entitled to usethe same, may
expend such sums as may be reasonably necessary to provide
the minimum maintenance of said Common Area and dock. Any
such sums so expended shall be paid to the Owner of Lot 3 or
other individual owner who expended such sums within 60 days
after the Owners of Lots 1, 2, 6 and 7 entitled to use said
Common Area have received written notice of their share of
such expenditure. Any Owner who fails to pay such sums when
due shall not be entitled to use said Common Area until all
such sums due from him are paid in full."
5. That upon execution by all of the undersigned Owners of the
Lots in said Christmas Acres, and the consent to this amend ment by
the holder of security interests in any of said lots, this amendment
shall be filed for record in the Office of the Registrar of Titles
of Carver County, Minnesota, and memorialized on the Certificates of
Title of all of- the lots within said Christmas Acres and described
in Exhibit A to the original Covenants, Conditions and Restrictions
hereinbefore referred to.
IN WITNESS WHEREOF, the undersigned owners of all of the lots
within the plat of Christmas Acres, Carver County, Minnesota, have
��' 1985.
hereunto set their hands this .30 h day of se ,---ten-, bar ___.
Owners of Lots 1., 2, 5, 6 and 7 lock I' istm s cre
F n Beddor, Jr.
M a.ly A. Beddor
Owners of Lot 3, Block 1, ChrisPmps
eresa Ann Foster
VA
Owners of Lots 1 and 2,
Block 1, Christmas A r s
Wi am B. Ward
Patricia C. Warcl
Owners of Lot 4, Block 1, Christmas A�.es
Todd D. movaczyk
Sharon Jan Yvaczyk
STATE OF MINNESOTA
SS•
COUNTY OF CARVER. i
The fore instrument was acknowledged before
me this
,o'nRg
day of !1X 5� � , 1985 by Frank Beddor, Jr.
and Marilyn
A. Beddor, husband and wife.
N TlYN/1NWNIVVI''MiWW��n�
,
/
C. SMITH
OJtItIUS
NOTARY P',18LIC • ? iNNESOTA
CA:;VER COUNTY tary Public
tray Commission Expires Apr. 21, 1991 <%
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STATE OF MINNESOTA )
Ss.
COUNTY OF CARVER )
The aeg ing instrument was acknowledged before
c1985, by Timothy D. Foster
me this
and Theresa
day of
Ann Foster, husband and wife.
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^
f + JULIUS C, SMITHZ/)
NOTARY KIBLIC - tlN NESOTA
CAs:VER CO'�4:TY
fi4y Gomrrssion Expires Apr. 21, 1991 . tart' Public
x NW VY'••"v: • L v4VlJW V�'WvVVVVV : VJV`. J:
STATE OF MINNE$OTA
ss.
COUNTY OF CARVER
30-
The foregoing instrument was acknowledged before
me this
day of e '+ `= 1985, by Wiliam B. Ward
and Patr cia
C. Ward, husband and wee.
/
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STATE OF MINNESOTA
� ss.
COUNTY OF CARVER )
The foreg inq instrument was acknowledged before me this
day of X%U 1985, by Todd D. Novaczyk and Sharon
Jan Novaczyk, husband and wife.
jug
KATHY GROEBNER
i..•k NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY NO arY, Public
My Commission Expires DEC. 19, 1990
Af'Iry�YrYSI�'Y
THIS INSTRUMENT WAS DRAFTED BY:
Julius C. Smith
7101 York Avenue South
Suite 215
Minneapolis, Minnesota 55435
(612)921-3385
4
STATE OFMINNESOTA, COUNTY OF CARVER
Certified to be a true and correct copy of the original on on file and of record in my office
CARL W HANSON, JR
County Recorder 'Registrar of Titles'
f
Deputy
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
CHRISTMAS ACRES
CARVER COUNTY, MINNESOTA.
The undersigned owner and contract -for deed purchasers
of the premises described in Exhibit A atta7hed hereto and
hereby made a part hereof, Declarants herein, are desirous
of establishing certain minimum standards for the development
of a single family residential development on the premises
described in Exhibit A to insure a proper and appropriate
land use thereof so as to:
a) Protect the owners of land within the plat of
Christmas Acres against such improper use of land
therein as might depreciate the value of thair
property;
b) Guard against the erection of structures built of
improper or unsuitable materials;
c) Insure the erection of attractive and appropriately
located improvements to prevent an inharmonious
appearance and function; and
d) Provide for adequate setback, off-street parking,
and in general to provide a development which will
insure use of said land and the lake shore thereof
to maximize the aesthetic value thereof.
NOW THEREFORE, Declarants, the Estate of Merrill Bartlett,
Jr., by Mildred G. Bartlett, personal representative, `ee owner,
and William Bracken Ward and Patricia C� Ward, husband '.nd wife,
and Frank Beddor, Jr. and MarilynLieddor, husband and wife,
Contract for Deed vendees, hereby declare that the land described
in Exhibit A hereto shall be held, conveyed, developed and main-
tained in accordance with the following standards and guidelines
Drafted by Jules Smith7101 York Ave S.
a M4i16 kin
and subject to the following easements, restrictions, covenants,
and conditions, which shall apply to each and every part and
parcel thereof and shall apply to and bind aach and every
successor in interest thereof, and aLe hereby imposed upon
said premises as a servitude in favor of each owner of any lot
in said CHRISTMAS ACRES as described in Exhibit A hereof.
i SECTION 1. DEFINITIONS
For the purpose of this Declaration, the following terms shall
have the fallowing definitions except as othen-7ise specifically
provided:
(a) "Property" shall mean and refer to the real property
within the plat of CHRISTMAS ACRES, which said premises is
described in Exhibit A hereof.
(b) "Common Area" shall mean a. 15-foot wide lake access
•easement over Lot 3, along and adjacent to the southwesterly
and northwesterly lines of said Lot 3, and any dock which is
constructed therefrom, which is for the nommon use and enjoy-
ment of the Owners of Lots 1, 2, 3, 6 and 7 of said CHRISTMAS
ACRES.
(c) "Lot" shall mean. and refer to any delineated plot of
land shown upon the recorded subdivision map of the Property
with the exception of public roadways.
(d) "Site" shall mean and refer to a single platted lot.
(e) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any Lot or Site which is a part of the Property, (excluding
contract sellers and including in place thereof their contract
purchasers) and excluding those having such interest merely
as security for the performance of an obligation..
+ 8 �
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(f) "Declarations" shall mean and refer to this declaration
as the same may be amended from time to time as herein provided.
Other terms shall have the meanings attributed to them
i herein.
i.
SECTION 2. PERMITTED USES
(a) No Site shall be used ek�;apt for residential purposes;
no buildings shall be commenced, erected, altered, placed or
permitted to remain on any Site other than one single family
dwelling, not to exceed two stories in height, and a garage
for use only by the residents of the Site. Each dwelling
erected shall have a garage for at leapt one car and on -site
parking spaces to accommodate at least two cars.
(b) No Site shall be subdivided or split by any means
whatsoever into any greater number of residential plots, nor
into any residential plot or plots of similar size.
(e) No noxious or offensive activities shall be conducted
on any Site, nor shall anything be done thereon which may be or
become an annoyance or nuisance to other Owners.
(d) All uses of the Property shall comply with the single
family residential regulations as set forth in the applicable
provisions of the ordinances of the Pity of Chanhassen. Said
regulations sha-1 govern if inconsistent with these declarations
to the extent actually inconsistent. If not inconsistent herewith,
the standards of the declarations shall be considered as require-
ments in addition to said regulations.
(e) No sign shall be placed on any Site, except that one
"for sale" sign may be placed on any Site.
0
• -3-
(f) No birds, animals or insects shall be kept on any
Site except dogs, cats and other common ?-,.�..,
�ekaold pets, provide
that they are not kept, bred or maintained for any commercial
purposes.
(g) No structure of a temporary character, trailer, basement,
tent, shack, garage, or other building shall be used on any Site
!At any time as a residence, either temporarily or permanently.
(h) All on Site utility connection facilities and services
shall be underground.
(i) All else herein notwithstanding, any Site may be
used for a model home with customary development signs during
the development period of the property.
SECTION 3. SITE MAINTENANCE
(a) outside storage of any items shall not be allowed
unless screened from view by enclosures or plantings which
effectively screen such storage from ,view outside the Site.
The design of such screened enclosure must be compatible with
the natural character of the Property.
(b) All buildings shall b:� maintained in a state of good
order and repair and all other Site areas shall he properly
i
maintainer: at all times.
c) All improvements and structures shall be completed I
within one year after the com:en-"ement of construction thereof.
j
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! 10
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SECTION 4, COMMON AREA
The Common Area easement for the use and benefit of Lots
1, 2, 3, 6 and 7, Block 1, shall be a non-exclusive easement,
for use by the Owners of said Lots for access to Christmas
Lake, in accordance with the provisions of this section.
(a) Only the Owners referred to in this Section, and their
guests and t. -.wets, may use said Common Area.
(b) No part of the Common Area shall be used as a swimming
beach.
(c) The Owners of Lots 1, 2, 6 and 7, Block 1, shall be
allowed to keep not more than one licensed watercraft at the
shoreline of, or at a dock constructed into Christmas Lake from,
said Common area.
(d) The Owners entitled to use said Common Area shall
maintain the same and any improvements thereon at their sole
cost and expense.
(e) One common dock, adequate in size for the docking
of five 17-foot long boats, may be constructed from the said
Common Area into Christmas Lake; and the Owners of Lot 3, Block 1,
shall utilize said common dock.
(f) The Owner of Lot 3, Block 1, shall be in charge of
and oversee_ the maintenance of the common Area, and, in the event
the Owners entitled to use the same shall -fail to maintain the same
in a reasonable manner, as determined by the Owner of Lot 3, said
Owner of Lot 3, Block 1, may expend such sums as may be reasonably
necessary to provide the minimum maintenance of said common Area.
Any such sums so expended shall be repaid to said Owner
•
of Lot 3 within 60 days after the Owners of Lots 1, 2, 6 and 7
entitled to use said Common Area have received written notice
from the Owner of Lot 3 of their share of such expenditure. -
Any Owner who fails to pay said sum when due shall not be
entitled to use said Common Area until all such sums due from
him are paid in full.
(g) Every owner entitled to use said Common Area shall
remove his watercraft therefrom by November I of each year.
SECTION 5. ENFORCEMENT
(a) The standards set forth herein shall be enforceable
by the Owners, their successors, and assigns, jointly or
individually, for the maximum period allowed by law, by (i)
injuctive relief, whether prohibitive or mandatory, to prevent
the breach of or to enfc-ce the performance or observance of
these standards, ;ii) ,oney jud,xment for damages by reason
of a breach of these sti::adards, or (iii) both (.i) and (ii).
(b) The failure of any Owner, his successors or assigns,
to enforce any provisions of this Declaration upon the violation
thereof shall in no event be deemed to be a waiver of the right
to do so as to any subsequent violation.
(c) Invalidation of any of the provisions of this Declaration
whether by court order or otherwise, shall in no way affect any
of the other provisions, which shall remain in full force and
effect.
(d) Any party to a proceeding who succeeds in enforcing
or enjoining the violation of any of these covenants against a
Site Owner :. y be awarded reasonable attorney's fees against
-6-
12
i
such Site Owner and shall be entitled to interest at the rate
of eight percent M) per annum on any monetary amount awarded
from the date such amounts shall be determined to have been
payable.
(e) No violation of any of these covenants shall defeat
or render invalid the lien of any mortgage made in good faith
and for value upon any Site; provided, however, that any mortgagee
in actual possession, or any purchaser at any mortgagees or fore-
closure sale shall be bound by and subject to these covenants
as fully as any other Owner of any site.
SECTION 6. GENERAL
(a) No structure or enclosure shall be constructed on any
Lot unless the same meets the required setback and building
code requirements of the City of Chanhassen and other local
and state regulations and laws applicable thereto.
(b) No single family residence shall be constructed
on any Lot unless the same shall contain at least 1500
square feet of finished living space (not including basements,
but including walkout lower level spaces).
(c) No single family residence or garage shall be
constructed on Lots 3, 4 and 5, Block 1, unless a certificate,
executed by a licensed architect or engineer and stating that
the soil below the proposed foundation for such structure can
support the same, is first submitted to the City of Chanhassen
with the application for a building permit.
I
i
i IN TESTIMONY WHEREOF, The said Mildred G. Bartlett, personal
I
representative of the Estate of Merrill Bartlett, Jr., William
Bracken Ward and Patricia C. Ward, husband and wife, and Frank
Beddor, Jr., and Marilyn Beddor,
Thusband and wife, have "
�'1 ` day of A4ik, '.- _ , 1980.
i hereunto set their hands this
Estate of Merrill Bartlett, Jr.
by 4662 1117h C �7— -
ldreI G. Bartlett
Personal Represents::'
I
William Bracken War
Ltkic-ia C. W d
A
I
F n Beddor, J� 'c
Marilyn Becr
or
STK;E OF MINNESOTA)
) ss.
COUNTY OF CARVER )
The foregoing in trument was acknowledged before me this
day of , 1980, by Mildred G. Bartlett, personal
representative in the Estate of Merrill Bartlett, Jr.
.. _
AhAAAAAAAM." . "'6 eAaenevrA.:','.::.
JOHN D. LUNDQUIST Not .Public
Xx'? NOTARY PUBLIC
c r HENNEPIN CWNTY
`=
My G+mmisslan '_xplres :.ua.: e, :0�; .•
;•�:9vVJ-.^.:fV•.:sa,v a•rr r rr:; rr /r'r: ;.:C
•
14
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11
STATE OF cdINNSSOTA)
I. ) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me
this Li day of 6t4-el , 1980, by William Bracken Ward
and Patricia C. Ward, husband and wife.
X5N.AAMN:N�MMMW
,,. DAVID ,
{r,lDAVID A. BRANDELL
NOTARY PUBLIC - WINN ESOTA
DAKOTA COUNTY pro ary Public
My Comm. Expires July 21. 1982
Y ^.N'WWVWVVW ■
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
t' day of 1.In,,,c 1980, by Frank Beddor, Jr. and
Marilyn Beddor, husband and wife.
DAVID A. BRANDELL
NOTARY PUBLIC - MINNESOTA
h DAKOTA COUNTY Notary Public
My Corn..,. Expires July 21. 1982
tMVVhNYVVVN"..•.• •'.%1AWWWWVVVK•c
a5
I
Lots One (1) through Seven (7), Block 1,
inclusive, of Christmas Acres, according to
the plat thereof on file in the office of
the Carver County Recorder, Carver County,
Minnesota.
47454
F� f
OFFir.E r COUNTY RECORDER
STATE L-F MINNESOTA
COUNTY Of CARVER
I hereby certify that the within Instrument
filed r record In,t�s of on the
ay o d6Q� D. 19i1L t !U eclo:k
id was duly or pd 6n book
{ age Cs
dunty Recorder
ey
6 eputy cour Recorder
EXHIBIT A
9
FILMD
STATE OF NiINNESOTA
� CARVED COUNTY COURTS
COUNTY OF CARVER
-Christine-M. Haissig,and WesleyJ.,
Hawkinson,
Plaintiffs,
19
Barbara A. F: 0dom�and John H. L. Odom, Jr.,
James B. Green and Christine Z. Green,
David A. Beddor, Marilyn A. Beddor, and
the Estate of Frank Beddor, Jr.,
Defendants.
101130I-RIS [0I418PI- 11
FIRST JUDICIAL DISTRICT
Court.File::.ND. CV-O -904
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND _ORDER
The above -entitled matter was heard by the undersigned on the 9 b day of July, 2008, at
the Carver County Judicial Center.
Plaintiffs appeared through their attorney, Christopher R.-Parrington. Defendants Barbara
A. F. Odom and John H. L. Odom, Jr. appeared through their attorney, Matthew H. Jones.
Defendants James B. Green and Christine Z. Green appeared through their attorney, Julian Janes.
Defendants David A. Beddor, Marilyn A. Beddor and the Estate of Frank Beddor, Jr. appeared
through their attorney, Stanford P. Hill.
Based upon the record and arguments of counsel, the Court makes the following:
FINDINGS OF FACT
1, Plaintiffs seek a temporary injunction preventing Defendants from improving- an
easement which, everyone agrees, provides Defendants some form of access to
Christmas Lake, located in Carver County, Minnesota.
2. The relevant easement provisions set forth in the record provide Defendants a fifteen
foot wide easementfot-ingress -and-egress to the lake.
3. Plaintiffs wish to maintain the "status quo" until the final outcome of this litigation.
Defendants represent to the Court that the status quo consists of poison ivy, thick
brush and eight or more immature trees, many of which may be undesirable box
elders, which currently prevent access to the lake. Also, the status quo consists of an
eight to twelve foot drainage ditch which may be impassable during times of rain or
snow melt.
4. Plaintiffs' counsel represented to the Court that some improvements had been made
more than twenty years ago to the easement and that returning the property to the
condition in which it was following these improvements would suffice on a
temporary basi's. However, Plaintiffs' counsel could not represent to the Court, nor
'does -the record -provide -the Court with an understanding of; what improvements were
made and whether those improvements are even discernable some twenty years later.
5. The easement is some seven hundred feet in length and includes a drop of some one
hundred and fifty feet in elevation.
6. Defense counsel offered to the Court, and had previously disclosed to Plaintiffs and
their counsel, a blue print rendering of the proposed improvements. Those
improvements envision a four -foot wide series of wooden steps, a three-foot wide
crushed stone walking path, and two walking bridges crossing the drainage ditch.
7. The Court believes this proposal to fall within the nature of the improvements
allowed under the terms of the easement, to provide an esthetically pleasing
improvement to the property, and to provide minimal damage to the property.
8. The proposed improvement would not result in irreparable harm. Even the removal
of-severar immature trees, of questionable desirability, whieli would likely have to be
removed even to return the property to the "status quo" of twenty years ago, could be
repaired by planting of replacement trees.
CONCLUSIONS OF LAW
1. Plaintiffs have not established based upon the record before the Court that irreparable
harm will occur to the property if Defendants proceed with their planned proposal.
2. Plaintiffs have not established based upon the record before the Court that they will
likely be successful upon a trial on the merits.
3. Though the Court denies Plaintiffs' motion for a temporary injunction, if Defendants
choose to proceed with improvements which a judge or jury ultimately find to exceed
the scope of the easement, Defendants may be ordered to restore a portion of the
property to its current state.
1. Plaintiffs' motion for a temporary injunction is hereby DENIED.
Dated: July-}-, 2Q0& BY THE CG)IJRT-
Kevi W. Eide
Judge of District.:Court
4
SKJOLD 17 ARTHE L
B U S I N E S S A T T O R N E Y S
1— 6/2/2008 Lawsuit messengered
Monday, June 2, 2008 to each Christmas
Acres Owner.
David A. Beddor
1050 Pleasant View Road
Chanhassen, MN 55317
Re: Christine M. Haissig and We
Jr., James B. Green and Chu
Estate of Frank Beddor, Jr.
Our File No.: 10362.0001
com
tom
Che
Dear Mr. Beddor:
Enclosed herewith and personally served upon you in connection with the above -referenced matter, please
find the following documents:
1. Summons;
2. Complaint; and
3. Notice of Motion and Motion for Temporary Injunctive Relief.
V r y truly yours,
SkjoBaarrthel, P.A.
istopher `L
Attorney at aw
CPP/lmrn
Enc.
cc: Christine M. Haissig and Wesley J. Hawkinson (w/ene. via mail)
Campbell Mithun Tower 222 S. 9 t h St. Suite 3220 Minneapolis, MN' 55402
I,I `l.,L 1)ctin fr1 612.746.2561 (wj www.skjoid-barthel.com
STATE OF MINNESOTA
COUNTY OF CARVER
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Christine M. Haissig and Wesley J.
File No.
Hawkinson, Case Type: Civil/Other
Plaintiffs,
NOTICE OF MOTION
AND MOTION FOR TEMPORARY
V. INJUNCTIVE RELIEF
Barbara A. F. Odom and John H. L. Odom Jr.,
James B. Green and Christine Z. Green, David
A. Beddor, Marilyn A. Beddor, and The Estate
of Frank Beddor, Jr.,
Defendants.
TO: THE ESTATE OF FRANK BEDDOR, JR., BY AND THRO10 PLEA E T ATE'S
PERSONAL REPRESENTATIVE, MARILYN BEDDOR,
VIEW
ROAD, CHANHASSEN, MINNESOTA 55317.
=—' MARILYN BEDDOR, 910 PLEASANT VIEW ROAD, CHANHASSEN,
MINNESOTA 55317.
BARBARA. A. F. ODOM AND JOHN H53 ODOM JR.., 6390 PLEASANT VIEW
COVE, CHANHASSEN, MINNESOTA 57.
JAMES B. GREEN AND CHRISTINE Z. GREEN, 6380 PLEASANT VIEW
COVE, CHANHASSEN, MINNESOTA 55317.
DAVID A. BEDDOR, 1050 PLEASANT VIEW ROAD, CHANHASSEN,
MINNESOTA 55317.
PLEASE TAKE NOTICE that Plaintiffs Cluistine Haissig and Wes Hawkinson through
the undersigned attorneys, on a date and time to be scheduled, before a Judge to be assigned and
to be held at First Judicial District, Carver County Government Center, 604 East Fourth Street,
Chaska, Minnesota, will move the Court for the following relief:
0
This motion will be made to the Court based upon the files, records and affidavits herein and
arguments of counsel.
BARTHEL, P.A.
Dated: June 2, 2008.—__ - -
i-'n FZ� )o zl-(# 2.217)
Christopher P. Parrington 'SW-03 -090X)
222 S� ith 9th Street, Sure 3220
Minneapolis, MN-5-54,(J'2
[P]: 612='T46-: 560
[F]: 612-746-2561
Attorneys for• Christine M. Haissig and
Wesley J. Haivkinson
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded pursuant to Minnesota Sta2�to`the party
against whom the allegations in this pleading are asserted. �\
Dated: June 2, 2008.
SKJOtD-BARTHEL, P.A.
Christopher P. Farrington
STATE OF MINNESOTA
COUNTY OF CARVER
Christine M. Haissig and Wesley J.
Hawkinson,
DISTRICT COURT
FIRST JUDICIAL DISTRICT
File No.
Case Type: Civil/Other
Plaintiffs,
SUMMONS
Barbara A_ F. Odom and John H. L. Odom Jr.,
James B. Green and Christine Z. Green, David
A. Beddor, Marilyn A. Beddor, and The Estate
of Frank Beddor, Jr_,
Defendants.
TO: THE ESTATE OF FRANK BEDDOR, JR., BY AND THROUGH THE ESTATE'S
PERSONAL REPRESENTATIVE, MARILYN BEDDOR, 910 PLEASANT VIEW
ROAD, CHANHASSEN, MINNESOTA 55317.
MARILYN BEDDOR, 910 PLEASANT VIEW ROAD, CHANHASSEN,
MINNESOTA 55317.
BARBARA A. F. ODOM AND JOHN H. L. ODOM JR., 6390 PLEASANT VIEW
COVE, CHANHASSEN, MINNESOTA 55317.
JAMES B. GREEN AND CHRISTINE Z. GREEN, 6380 PLEASANT VIEW
COVE, CHANHASSEN, MINNESOTA 55317.
DAVID A. BEDDOR, 1050 PLEASANT VIEW ROAD, CHANHASSEN,
MINNESOTA 55317.
THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs' attorney an
Answer to the Complaint which is herewith served upon you within twenty (20) days after
service of this Summons upon you, exclusive of the date of such service. If you fail to do so,
or in the Complaint.judgment by default will be taken against you for the relief prayed f
This matter involves real property located at 6370 Pleasant View Cove, Chanhassen,
Minnesota, Carver County which is further described as Lot 3, Block 1, Christmas Acres, Carver
County, Minnesota - the property is registered.
You are further hereby notified that this case may be subject to Alternative Dispute
Resolution processes pursuant to Minn. Stat. § 543.22 and Rule 114.01 of the General Rules of
Practice for the District Courts. _ -
SKJOLD • BARTHEL, P.A.
Dated: June 2, 2008.
Benjamin R7yk-J- 5a 1)
Christopher P. Parrington 03� 0�9OX)
222 South 9th treet, Suite 3220�
Miiuieapolis, MN 55402
[P]: 612-746-2560- -`'-
[F]: 612-746-2561
Attorneys for Christine M. Haissig and
Wesley J. Hawkinson
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded pursuant to Minnesot,' . ` tatutes §�549-24-su_bd. 2, to the party
against whom the allegations in this pleading ar�^as`serted.
r
Dated: June 2, 2008.
LD • BARTHEL,
Chris other P.
2
STATE OF MINNESOTA
COUNTY OF CARVER
Christine M. Haissig and Wesley J.
Hawkinson,
Plaintiffs,
u
Barbara A. F. Odom and Jolni H. L. Odom Jr.,
James B. Green and Christine Z. Green, David
A. Beddor, Marilyn A_ Beddor, and The Estate
of Frank Beddor, Jr.,
Defendants.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
File No.
Case Type: Civil/Other
COMPLAINT
issig and Wesley J. Hawkinson, by and through their attorneys,
Plaintiffs Christine M. Ha
for their Complaint against the above -named Defendants, state and allege as follows:
PARTIES AND JC7RISDICTION
1. Plaintiffs Christine M. Haissig ("Haissig") and Wesley J. Hawkinson
("Hawkinson," or collectively with Haissig as the "Plaintiffs"), are residents of the County of
Carver, State of Minnesota, and fee owners of their principal place of residence located at
6370 Pleasant View Cove, City of Chanhassen, State of Minnesota, County of Carver.
Plaintiffs are the fee owners of registered property legally described as Lot 3, Block 1,
Christmas Acres, Carver County, Minnesota ("Lot 3")
?. Defendant Marilyn A. Beddor and The Estate of Frank Beddor, Jr., (the
"Beddors") are fee owners of their place of residence located at 910 Pleasant View Road,
City of Chanhassen, State of Minnesota, County of Carver,. legally described as that part of
Lot 6, Block 1, "Christmas Acres", Carver County, Minnesota, according to the recorded plat
thereof, lying Westerly and Southwesterly of the following describe line: Commencing at the
Southwest corner of said Lot 6; thence North 81 degrees 26 minutes 00 seconds East,
f
assumed bearing, along the South line of said Lot 6 a distance of 48.10 feet; thence Easterly
along said South line on a tangential curve concave to the South having a radius of 1270.46
feet with a central angle of 0 degrees 32 minutes 14 seconds and a length of 11.91 feet to the
point of beginning of the line to be herein described; thence.North 7 degrees 18 minutes 41
seconds West a distance of 185.28 feet; thence North 37 degrees 18 minutes 52 seconds West
a distance of 81.76 feet to the Northwesterly line of said Lot 6, said line also being the
southerly right of way line of Pleasant View Cove and there terminating ("Lot 6"). Upon
information and belief Lot 6 may not have had an interest in the easement discussed below
because of an inadequate legal description on the declaration as discussed below. Marilyn
Beddor is the Personal Representative of the Estate of Frank Beddor, Jr.
3. Defendants Barbara A. F. Odom and John H. L. Odom Jr. (the "Odours") are
. _ Minnesota residents and fee owners of their place of residence located at 6390 Pleasant View
Cove, City of Chanhassen, State of Minnesota, County of Carver, legally described as Lot 1,
Block 1, Christmas Acres, Carver County, Minnesota ("Lot 1")
4. Defendants James B. Green and Christine Z. Green (the "Greens") are
Minnesota residents and fee owners of their place of residence located at 6380 Pleasant View
Cove, City of Chanhassen, State of Minnesota, County of Carver, legally described as Lot 2,
Block 1, Christmas Acres, Carver County, Minnesota ("Lot 2")
5. Defendant David A. Beddor ("David Beddor," or collectively referred to as
"Defendants" with the Beddors, the Odours and the Greens")- is a Minnesota resident and fee
owner of his place of residence located at 1050 Pleasant View Road, City of Chanhassen,
2
State of Minnesota, County of Carver County, legally described as Lot 7, Block 1, Christmas
Acres, Carver County, Minnesota ("Lot 7).
6. The Court has jurisdiction over the subject matter real property and parties to
the above -captioned case; the County of Carver is the proper venue for the above -captioned
case pursuant to Minn. Stat. § 542.02.
FACTUAL BACKGROUND
Tlie Easement
7. The Parties hereto and their properties are subject to a "Declaration of
Covenants, Conditions and Restrictions" ("Original Declaration") for Christmas Acres,
Carver County, Minnesota. This Original Declaration was executed on or about March 14,
1980, a true and correct copy of which is attached hereto as Exhibit A.
8. The Original Declaration provided for an easement (the "Easement") on
Plaintiffs' Lot 3 for access to Christmas Lake (the "Lake"). The Easement or the Common
Area as defined by the Original Declaration is a fifteen (15) foot wide easement, running
along the property line of Lot 3.
9. The Declaration was amended on or about September A 1985, ("Amended
Declaration") so as to provide fiirther definition of the Easement, a true and correct copy of
which is attached hereto as Exhibit B. Together the Original Declaration and the Amended
Declaration are hereinafter referred to as the "Declaration."
10. The Declaration governs the rights granted in the Easement. The relevant
portions of the Easement are as follows, with the strike -though language from the Original
Declaration being replaced by the language of the. Amended Declaration:
SECTION 1. DEFINITIONS
"
GefnRian Area" shall meaii a 15 feet wide lake aeeess
+ T + 1 aloft rl aeeRt
to the este a tlp
� � J ��a ciia r aiid
ne wesceily !.-iies of said Lot 3,-aadi -uRy doelrc—vdiiiehis
eens4+"ueted--thefe�&eRi; -which is fef the—eemmeR Asti aid
e3i+t ef he Ovffi rs efets 1, ^-6 and 7 of said
G—h- -ST M n S n GRE
(b) "Common Area" shall mean a 15-foot wide lake access
easement over Lot 3, along and adjacent to the southwesterly and
northwesterly lines of said Lot 3, and any dock which is
constructed therefrom, which is for the con-u-non use and
enjoyment of the Owners of Lots 1, 2, 6 and 7, Block 1, of said
Christmas Acres.
SECTION 4. COMMON AREA
Tziic-i�iixzrtOzx Area fit a > >
6 and 7, Bleek 1, Shall be a Ron exelusive easement, for- use by the
Owners of said Lots for- aeeess to Quistmas Lake, iii amer-dwie
with the pl:evimsiofis Off this Seetie-n--.
The Common Area Easement for the use and benefit of Lots 1, 2, 6
and 7, Block 1, shall be a non-exclusive easement, for use by the
Owners of said Lots for access to Christmas Lake, in accordance
with the provisions of this Section.
(a) Only the Owners referred to in this Section, and
their guests and tenants, may use said Common Area.
(b) No part of the Common Area shall be used as a
swimming beach.
(c) The Owners of Lots 1, 2, 6 and 7, Block 1, shall be
allowed to keep not more than one licensed watercraft at the
shoreline of, or at a dock constructed into Christmas Lake from,
said Common Area.
(d) The Owners entitled to use said Common Area shall
maintain the same and any improvements thereon at their sole cost
and expense.
M
b
` feet
t�li"i-
9� n vim- 1
(e) One common dock, adequate in size for the docking
of four 20-foot long boats, may be constructed from said6Coo a Q1f
Area into Christmas Lake; and the Owners of Lots 1,
Block 1, shall utilize said common dock.
9�
t
(fl The Owner of Lot 6, Block 1, shall be in charge of
and oversee the annual installation and removal of the dock
hereinbefore referred to and the maintenance of the Common Area,
and, in the event the Owners entitled to use the same shall fail to
install, remove and maintain the dock or Common Area in a
reasonable manner, the Owner of Lot 3, or any individual Owner
entitled to use the same, may expend such sums as may be
reasonably necessary to provide the minimum maintenance of said
Conunon Area and dock. Any such sums so expended shall be paid
to the Owner of Lot 3 or other individual Owner who expended
such sums within 60 days after the Owners of Lots 1, 2, 6 and 7
entitled to use said Common Area have received written notice of
their share of such expenditure. Any Owner who fails to pay such
sums when due shall not be entitled to use said Common Area until
all such sums due from him are paid in full.
(g) Every Owner entitled to use said Common Area
shall remove his watercraft therefrom by November 1 of each year.
11. The Declaration further prohibits the storage of property without adequate
aesthetic ineasures as follows:
5
SECTION 3. SITE MAINTENANCE
(a) Outside storage of any items shall not be allowed unless screened
from view by enclosures or plantings which effectively screen such storage fiom
view outside the Site.
12. The Declaration provides for certain remedies both in law and equity against
Defendants jointly and separately with an award of Plaintiffs' attorneys' fees as follows:
SECTION 5. ENFORCEMENT
(a) The standards set forth herein shall be enforceable
by the Owners, their successors, and assigns, jointly or
individually, for the maximum period allowed by law, by (i)
inj uctive [sic] relief, whether prohibitive or mandatory, to prevent
the breach of or to enforce the performance or observance of these
standards, (ii) a money judgment for damages by reason of a
breach of these standards, of (iii) both (i) and (ii).
(d) Any party to a proceeding who succeeds in
enforcing or enjoining the violation of any of these covenants
against a Site Owner may be awarded reasonable attorney's fees
-- against such Site Owner and shall be entitled to interest at the rate
of eight percent (8%) per annum on any monetary amount awarded
from the date such amounts shall be determined to have been
payable.
2004
that:
Backeround About Lot 3
13. Plaintiffs purchased Lot 3 from Tim and Terry Foster (the "Fosters") in June
14. The Fosters were the owners of Lot 3 at the time of the Amended Declaration.
15. At the time of their purchase of Lot 3 from the Fosters, the Plaintiffs were told
(a) The Fosters had permitted Defendants to use the blacktop
driveway on Lot 3 (the "Driveway"), outside the bounds of the
Easement, despite that such use was not covered by the
Easement;
C7
(b) The Fosters allowed the Greens to store a boat lift (the "Lift)
on Lot 3 with the Fosters' permission, but not as a right under
the Easement.
(c) The Greens were the only persons that had ever had a boat at
the dock permitted by the Easement (the "Dock"); and
(d) Defendants knew that the Easement was never to be used as a
party "hang-out" or as a swimming area, but only for access to
the Lake.
Background About Defendants' Lots
16. In the summer of 2004 the Greens stored their boat on the Lift for
approximately one (1) week, with Plaintiffs' permission. The Greens used Plaintiffs'
Driveway, with Plaintiffs' pennission, during the sturimer and fall of 2004.
17. The Greens again placed the Lift in the Lake in 2005 and again stored the Lift
on Lot 3 during the winters of 2005 and 2006, with Plaintiffs' permission.
1- 18. In May 2005, Lot 1 was placed for sale. The Plaintiffs worked with the real
estate agent for the owner of Lot 1, after confusion over the size and scope of the Easement,
specifically stating that the Driveway was not encompassed in the Easement. Furthermore,
Plaintiffs posted the following sign on the Dock in the Summer of 2005, in order to fully
provide prospective buyers with notice of the Easement and recording of the Declaration,
stating:
LAKE ACCESS/EASEMENT INFORMATION
1. Dock can be used for one twenty foot boat per household.
2. Access can not be used as a swimming beach.
3. Easement is 15 ft wide and runs along two edges of property at 6370
Pleasant View Cove.
4. Property line along creek is marked with stakes with pink ribbons.
Barbed wire fence is also along property line. Note that the property
line is usually on the "west" or "far" side of the creek. Easement edge
7
is marked with all pink surveyed stakes and approximately marked
with plain stakes.
�. 5. Note that
a. Most of the easement along the creek is in the creek bed and on
the far side of the creek.
b. The blacktop road along the creek is not part of the
easement/access.
c. There is not currently a developed path to reach the dock
access.
Christmas Acres covenants provide a full description of the lake
access/easement rights and restrictions.
19. In December 2005 the Odom's purchased Lot I.
20. In December 2005 and January 2006, Plaintiffs observed the Odom's cluldren
playing on the Easement. Thereafter, Haissig asked the Odom's to refrain from using the
Easement for recreation purposes, beyond its scope, for liability reasons.
21. In May 2006, Barb Odom and a group of approximately six (6) children began
walking down the Driveway with pool toys, to which Haissig responded by reminding Barb
Odom that swimming is not an allowable use of the Easement or Common Area.
22. On June 7, 2006, Plaintiffs received a letter from the City of Chanhassen
claiming that the Dock on the Easement was non -conforming and must be removed. As a
result of that letter, Defendants hired an attorney to dispute the City's demands, at which
time Plaintiffs learned of Defendants' plans to develop the Easement. Such plans triggered
the City's concern over any additional development on the Easement or Lot 3 and the use of
the Easement Dock_
23. In the fall of 2006, Defendants only removed portions of the Dock from the
Lake, but left the Lift in the lake bed. After Plaintiffs' protests, Defendants removed the
Dock and the Greens' Lift, only to store the Dock and Lift on Lot 3.
8
24. In May 2007, Plaintiffs met with Defendants and their architect, Daryl Fortier,
concerning Defendants demand for increased development of the Easement. Among other
things Defendants demanded:
(a) Removal of at least fourteen (14) trees on the Easement and
one (1) tree on Lot 3;
(b) A Construction Easement for Lot 3 to allow for heavy
machinery access to the Easement for development purposes;
(c) The construction of a 3'/Z to 4 foot wide path comprised of
boardwalk and rock;
(d) 150 feet of boardwalk adjacent to and crossing the creels; and;
and
(e) 16 feet of dock section to create a bridge to the Lake over the
Creek.
25. Ili the summer of 2007, Haissig spoke with the Greens about their continued
unlawful use of the Lift. Specifically, Haissig requested that the Lift remain on the Easement
and not touch any other part of Lot 3. Consistent with Haissig's request, the Lift was placed
on the Easement by the Greens during its use in the summer of 2007.
26. In the fall of 2007, Haissig requested that the Greens store the Dock and Lift
off the Easement and Lot 3, and offered the use of Plaintiffs' driveway to accomplish the
removal of the Dock. The Greens agreed to store the Dock off Lot 3 but insisted that the Lift
remain despite the demands from Plaintiffs, the Greens ensured that the Lift would be stored
completely on the Easement, but it was not. As a result, while the Greens removed the
Dock's decking structure, they stored the Dock supports and Lift inside and outside the
bounds of the Easement of Lot 3 for the fall of 2007 and winter of 2008, in violation of the
Declaration.
01
27. In early October 2007, James Green advised Plaintiffs that if they did not
agree with Defendants' development proposal, they would beg
construction on expansion
of the Easement regardless, including construction of a boardwalk covering the creek along
the entire length of the northwesterly edge of the Easement.
28. Again in November 2007, Plaintiffs met with Defendants, through James
Green, to discuss the issues regarding the Easement. Again, Plaintiffs voiced their
disapproval of the Lift, as it was not allowed under the Easement, and stated that if all
Defendants wanted a Lift, the Dock would exceed any length limitations required by the City
of Chanhassen and the State of Minnesota.
29. Following another meeting in March 2008, Plaintiffs again spoke with Daryl
Fortier, Defendants' architect, to work out an acceptable resolution of the development of
and use of the Easement. During that conversation, Plaintiffs learned that the Greens
continued to insist on excavation of soil four (4) inches below ground level for placement of
a path, which would lead to surrounding vegetative destruction. In addition, the Greens
reiterated their continued intent to cut down trees on the Easement and Lot 3 .
30. Upon information and belief, without the Court's assistance Defendants will
expand the Easement and damage Lot 3 in violation of the Easement, Declaration and
Minnesota law.
herein.
COUNT
Declaratory Action Minn. Stat. § 555.02
31. Plaintiffs restate and reallege the foregoing paragraphs as though fully stated
10
32. Plaintiffs and Defendants' legal relationship is based upon a writing contained
in the form of the Declaration and Amended Declaration, which clearly state the limitations
of Defendants' rights to use the Easement to access Christmas Lake.
33. Defendants are threatenhig to violate the terms of the Declaration by
unilaterally altering the Easement beyond its scope including, without limitation, placing
permanent structures on the Easement, trespassing upon Plaintiffs' land to remove old growth
timbers and foliage, and distributing the soils of the Easement and Lot 3.
34. Defendants and their guests have violated and continue to violate the
on, not staying within the bounds of the Easement and
Declaration including, without limitati
continuously accessing Christmas Lake by trespassing upon Lot 3 without any legal right or
permission.
35. Defendants have violated and continue to violate the Declaration by storing
the Dock on Lot 3 peyond the scope of the Easement.
36. Defendants have violated and continue to violate the Declaration as amended
by storing the Lift on the Easement during the winter.
37. Defendants have violated and continue to violate the Declaration by attaching
to the Dock, a Lift with a large canopy.
3 S. This Court has jurisdiction and the power to declare the rights of the parties
affected by Defendants actual and threatened unlawful conduct as set forth above.
that:
39. Therefore, Plaintiffs seek a declaratory judgment from this Court declaring
a. Defendants shall not enter upon Lot 3 or remove timbers or foliage from
or disturb the soil on Lot 3;
11
b. Defendants shall not enter upon Lot 3 to improve the Easement with
permanent structures or otherwise in violation of the Declaration;
c. Defendants shall be limited to the strict bounds of the Easement to
access Christmas Lake;
d. Defendants shall immediately remove the Lift from Lot 3 and the
Easement;
e. Defendants shall not store the Dock on Lot 3 or the Easement; and
f. Defendants, if they choose, may maintain a Dock in the waters of
Christmas Lake extending from the Easement in conformity with the
Declaration.
COUNT H
Injunctive Relief
40. Plaintiffs restate and reallege the foregoing paragraphs as though fully stated
herein.
( 41. Plaintiffs do not have an adequate remedy at law to remedy Defendants'
interference with Plaintiffs' rights in Lot 3 as stated above.
42. Plaintiffs are suffering irreparable harm as a result of Defendants' continued
unlawful actions as set forth above.
43. As a direct and proximate result of Defendants' unlawful conduct as set forth
above, Plaintiffs seek an order against Defendants issuing permanent injunctive relief as
[ollows:
a. Defendants shall not. enter upon Lot 3 or remove timbers or foliage from
or disturb the soil on Lot 3;
b. Defendants shall not enter upon Lot 3 to improve the Easement with
permanent structures or otherwise in violation of the Declaration;
c. Defendants shall be limited to the strict bounds of the Easement to
access Christmas Lake;
12
herein.
d. Defendants shall immediately remove the lift from Lot 3 and the
Easement;
e. Defendants shall not store the Dock on Lot 3 and the Easement; and
f. Defendants, if they choose, may maintain a Dock in the waters of
Christmas Lake extending from the Easement in conformity with the
Declaration.
COUNT III
Nuisance
44. Plaintiffs restate and reallege the foregoing paragraphs as though fully stated
45. Defendants' actions are creating an obstruction to Plaintiffs' free use of Lot 3.
46. Defendants have violated and continue to violate the Declaration by storing
the Dock on Lot 3 beyond the scope of the Easement.
47. Defendants have violated and continue to violate the Declaration by storing
the Lift beyond the scope of the Easement.
48. Defendants have violated and continue to violate the Declaration by attaching
to the Dock, a Lift with a large canopy_
49. Defendants' actions have and continue to interfere with Plaintiffs' enjoyment
of Lot 3.
50. Defendants' actions, as stated above, are a nuisance pursuant to Minnesota
law, which have and continue to diminish the monetary value of Lot 3 and otherwise reduced
Plaintiffs' personal enjoyment of Lot 3.
51. Pursuant to Minn. Stat. S 561.01, the Court has the authority to enjoin or abate
the nuisance, as well as award monetary damages.
13
52. As a direct and proximate result of Defendants' nuisance, Plaintiffs have
i,
'�- suffered damages in an amount in excess of $50,000.00,lus reasonable attorneys' fees, p
costs and disbursements the exact amount to be determined at trial.
herein.
COUNT fV
Attorneys' Fees
53. Plaintiffs restate and reallege the foregoing paragraphs as though fully stated
54. Minnesota law provides that attorneys' fees are recoverable if provided for
tinder contract or statute.
55. Section 5(d) of the Declaration provides that Plaintiffs are entitled to the
recovery of attorneys' fees incurred in this case against Defendants.
56. Likewise, Minn. Stat. § 561.01, provides that Plaintiffs are entitled tot e
recovery of their reasonable attorneys' fees incurred in this case.
57. As a direct and proximate result of Defendants' unlawful conduct, Plaintiffs
have been forced to incur costs and attorneys' fees for which they are entitled to recovery
under the Declaration and Minn. Stat. § 560.01, the exact amount to be determined at trial.
WHEREFORE, Plaintiffs pray for relief against Defendants as follows:
1. A judgment in favor of Plaintiffs Christine Haissig and Wes Hawkinson and
against Defendants, jointly and severally, in an amount in excess of Fifty Thousand and no/100
Dollars ($50,000.00), plus reasonable costs and disbursements, the exact amount to be
determined at trial;
14
For a judgment sounding in equity as requested above to properly and justly
2.
implement the
orders and judgments of the Court including, without limitation, injunctive relief
and/or a declaratory judgment; and
For such other and further relief as the Court deems just and equitable under the
facts and circumstances of this case.
Dated: June 2, 2008.
OLD ■ BARTHEL, P
'old #2922
EienJainin1
Christopher ngton ('
222 South Pt11 Street, Stu e z�v
Minneapoli�MN 55402
[PI: 612-746=2560-
[FI: 612-746-2561
Attorneys for Christine M. Haissig and
Wesley J. HaWkinson
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, Statutes�549J211 b reasonable
tho Ply
and witness fees may be awarded pursuant
t t- areo_M- asserted.
against whom the allegations in this plead
~` c�z�rcai,D ■ BARTHEL, P.A:_�
Dated: June 2, 2008.
Pamngton (# 34090�
15
SIB OLD ii BARTHEL
BUS t N H S S
ATTORNEYS
FAX COVER. PAGE
-- CONFIDENTIAL -
g
This Facsimile Consists of _ q- Pages Inclusive of This Cover Letter.
TO: Jocelyn L. ]moll, Esq.
Dorsey & Whitney, LLP
RE: Haissig, et al. v. Odom, et al.
FAX NO.: 952-51-6-5613
PHONE NO.: 612-492-6622
DATE: June ut, 20o8
FILE NO.: 10362.0001
FROM: Christopher P. Paprrington, Esq.
Campbell A ithUn Tower - 222 S 9th St, Spite 3220 - Minneapolis, MN 55402
[p] 61a.746.256o - [f] 612.746.256-1 - [el eparrington@skjold barthel.com
X Original to Follow Via U.S. Mail Original Will Not Follow Via U.S. Mail
URGENT — For Immediate
Attention
Additional Notes:
Please see attached.
For Your Review
PLEASE CONTACT LIZ AT (612) 746-256o IF THIS FACSIMILE IS INCOMPLETE OR
RECEIVED IN ERROR.
b CQNFIDEN'TTAT• FACSIIVIII.EFOR INTENDED RECIPIENT ONLY
The information contained in this facsimile message is intended only for the named recipient. If you are not that
individual named as the intended recipient or you are not designated to deliver it to the intended recipient, you are
hereby notified that the information is attorney privileged and confidential. Any dissemination, distribution or
copying of this information is strictly prohibited. If you receive this communication in error, please immediately
notify the sender as to the error. - - —
SKJOLD � BARTHEL
B U S 1 N E S 5 A T T O R N E Y S
June 11, 2008
Court Administrator
Carver County Justice Center
604 East Fourth Street
Chaska, MN 55318
E-Mad.
cparrington@skjoid-barihei. corn
VIA U.S. MAIL
Re: Christine M. Haissig and Wesley J. Hawkinson v. Barbara A. F. Odom and John H. L. Odom
Jr., James B. Green and Christine Z. Green, David A. Beddor, Marilyn A. Beddor, and The
Estate of Frank Beddor, Jr.
Our File No.:10362.0001
Dear Court Administrator:
Enclosed herewith for filing in connection with the above -referenced matter, please find the following
documents:
1. Amended Notice of Motion and Motion for Temporary Injunctive Relief, and
2. Affidavit of Service.
Please be advised that a check in the amount of $55.00 has previously been submitted to the Court for the
motion fee.
By copy of this correspondence, counsel for Defendants is being served with a copy of the same.
If the Court should have any questions concerning this matte' ' i'�-t„� 1 �to contact me.
Very truly yours,
Barthel,
ChristonhP'.
CPP/Imm
Enc.
cc: Jocelyn L. Knoll, Esq. (w/enc. via facsimile and mail)
Christine M. Haissig and Wesley J. Hawkinson (w/enc. via mail)
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
Christine M. Haissig and Wesley J. File No.
Hawkinson, Case Type: Civil/Other
Plaintiffs,
[AMENDED] NOTICE OF MOTION
AND MOTION FOR TEMPORARY
V. INJUNCTIVE RELIEF
Barbara A. F. Odom and John H. L. Odom Jr.,
James B. Green and Christine Z. Green, David
A. Beddor, Marilyn A. Beddor, and The Estate
of Frank Beddor, Jr.,
Defendants.
TO: THE ESTATE OF FRANK BTEID�D RM�R LYN BY AND DOR, 910 PLEASANT VIEW
PERSONAL REPRESENT ,
( ROAD, CHANHASSEN, MINNESOTA 55317.
MARILYN BEDDOR, 910 PLEASANT VIEW ROAD, CHANHASSEN'
MINNESOTA 55317.
BARBARA A. F. ODOM AND JOHN H. L. ODOM JR., 6390 PLEASANT VIEW
COVE, CHANHASSEN, MINNESOTA 55317.
JAMES B. GREEN AND CHRISTINE Z. GREEN, 6380 PLEASANT VIEW
COVE, CHANHASSEN, MINNESOTA 55317.
DAVID A. BEDDOR, 1050 PLEASANT VIEW ROAD, CHANHASSEN,
MINNESOTA 55317.
PLEASE TAKE NOTICE that Plaintiffs Christine Haissig and Wes Hawkinson through
the undersigned attorneys, on July 9, 2008, at 8:30 a.m., before a Judge to be assigned and to be
held at First Judicial District, Carver County Government Center, 604 East Fourth Street,
Chaska, Minnesota, will move the Court for the following relief:
MOTION
Plaintiffs Christine Haissig and Wes Hawkinson seek an Order pursuant to Rule 65 of the
Minnesota Rules of Civil Procedure, for temporary injunctive relief as follows:
a. Enjoining Defendants from entering upon Plaintiffs' property or removing
timbers or foliage from or disturbing the soil on Plaintiffs' property;
b. Enjoining Defendants from entering upon Plaintiffs' property to improve
the Easement with permanent structures;
C. Enjoining Defendants use of Plaintiffs' property to the strict bounds of the
Easement to access Christmas Lake;
d. Enjoining Defendants from keeping a boat lift on Plaintiffs' property;
e. Enjoining Defendants from storing their dock on Plaintiffs' property;
f. Enjoining Defendants, if they choose, to a single, compliant dock in the
waters of Christmas Lake extending from the Easement, in conformity
with the Declaration; and
g. For such other and further relief as the Court deems just and equitable
under the circumstances of this case.
2
This motion will be made to the Court based upon the files, records and affidavits herein and
arguments of counsel.
Dated: June 11, 2008.
• BARTHEL, P.A.
Be kjold (#2922
Christoph . Farrington (�
222 Sou th Street, Suite
Minneap lis, 55402
[P] 6612- -256
[F]: 612-746-2561
4090X�
Attorneys for Christine M Haissig and
Wesley J. Hawkinson
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded pursuant to Minnesota Sta 1,2 to the party
against whom the allegations in this pleading are asserted.
Dated: June 11, 2008.
M
■ BARTHEL, P.A.
Parrington
I
STATE OF MINNESOTA
COUNTY OF CARVER
Christine M. Haissig and Wesley J.
Hawkinson,
DISTRICT COURT
FIRST JUDICIAL DISTRICT
File No.
Case Type: Civil/Other
Plaintiffs,
V.
AFFIDAVIT OF SERVICE
Barbara A. F. Odom and John H. L. Odom Jr.,
James B. Green and Christine Z. Green, David
A. Beddor, Marilyn A. Beddor, and The Estate
of Frank Beddor, Jr.,
Defendants.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN }
Elizabeth M. Mertz, of the City of Minnetonka, State of Minnesota, being duly sworn,
states that on June 11, 2008, she served the following document:
l . Amended Notice of Motion and Motion for Temporary Injunctive Relief.
Upon:
Jocelyn L. Knoll, Esq.
Dorsey & Whitney, LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
Fax: 952-516-5613
NAME AND ADDRESS OF AGENCY
COMPANY
ftremm'sce
Gladwin Dupurame a Bonds
Effective 10ZOC) am 9% , 19 80
738"11th iveme 3=th
Expire 12:01 am ❑ Noon 19 80
HOPIdus, M 55343
,
Q[This binder is issued to extend coverage in the abovInamed
company per expiring policy # (e,c4 t
a�rr
NAME AND MAILING ADDRESS OF INSURED
Description of Operation/VehicWs/Property
Y. Brack Yard & Frank Saildw Jr,.
ftiif#r E Street cmatmeum
0% Financial Xwnageemt Services Lw.
IChristmasChriaas A"es ftbavtoian
Suite 357• -110901 Red Circis Drive
4hamhaasena M
Nizmetcmka, W 55343
Type and Location of Property
Coverage/Perils/Forms Amt of Insurance Ded. c1tv`1
R
0
P
E
R
T
Y
Type of Insurance
Coverage/Forms
Limits
of Liability
Each Occurrence
Aggregate
L
. _
A
❑ Scheduled Form ❑ Comprehensive Form
Bodily Injury
$500,000
$ 1S,0006
B
❑Premises/Operations
Property
1
❑ Products/Completed Operations
Damage
$
$
L
❑ Contractual
Bodily Injury &
I
Other (specify below)
Property Damage
T
Y
❑ Med. Pay. $ Per $ Per
Person
Combined
$
Personal
Injury
$
Accident
❑ Personal Injury
❑ A ❑ B ❑ C
A
Limits of Liability
U ❑ Liability ❑ Non -owned ❑ Hired
Bodily Injury (Each Person) $
T ❑ Comprehensive -Deductible $
Bodily Injury (Each Accident) $
0 ❑ Collision -Deductible $
1
0 ❑ Medical Payments $
Property Damage $
B ❑ Uninsured Motorist $
I ❑ No Fault (specify):
Bodily Injury & Property Damage
L ❑ Other (specify):
Combined $
E
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONS/OTHER COVERAGES
Vet `e rB Pratvetive ZSabiUty
NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE ADD'L INSURED
8uburtan Engineering Inc. LOAN NUMBER
The City of Chanhassen, W
7610 Luredo Dr.
Chanhassen, W 55317
�,—
Signature of Authorized R94resentative Date
ACORD 75 (11.77) �!
• !
s
CONDITIONS
This Company binds the kind(s) of insurance stipulated on the reverse side. This insurance is subject
to the terms, conditions and limitations of the policy(ies) in current use by the Company.
This binder n nay be cancelled by the Insured by surrender of this binder or by written notice to the Com-
pany stating when cancellation will be effective. This binder may be cancelled by the Company by notice
to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a pol-
icy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder
according to the Rules and Rates in use by the Company.
M.LfTESOTA DEPARTMENT OF HEALTH
Division of Environmental Health
REPORT ON PLANS
Plans and Specifications on watermain
Location assen Date Examined
Prepared and Submitted by Suburban Engineering► Inc.r
Date Received March 18, 1980
Ownership - Municipal
March 26, 1980
6875 Hwy. 65 K.n-, Minneapolis► MN 55432
Plan File No. NP'
Scope - This report covers the design of this project insofar as the safety and
sanitary quality of the water for public consumption may be affected, and applies
to this project only and not to the entire system or any other part thereof.
This project COnsits of the installation Of 6-inch ductile iron pipe to serge
Christmas Acres
(reconvnendatians on back)
Compliance - NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN ACCORDANCE WITH THE APPROVED
PLANS. If it is desired to make deviations from the approved plans, the State
Department of Health should be consulted and approval of the changes obtained before
construction is started; otherwise, such construction is installed without proper
approval, and in addition may create dangers to public health.
Conclusion
The plans and specifications on this waterworks project are in general accordance
with the requirements of the Minnesota Department of Health, and are recommended
for approval with the understanding as stated in the preceding paragraphs, and with
the usual reservations as stated on the appended sheet, entitled "Information
Relative to Flan Examination."
Appr ed:
Tomas Klaseus, Supervisor
Public Water Supplies Unit
Jt,i
Steph t� J. Greenwood
Public Uealth Engineer
Section of water Supply
and General Engineering
1
1. Watermains crossing house sewers, storm sewers, or sanitary sewers shall be laid
to provide a separation of at least 18 inches between the bottom of the watermain
and the top of the sewer. When local conditions prevent a vertical separation
as described, the following construction shall be used:
a. Sewers passing over or less than 18 inches below Watermains shall be
constructed of materials equal to watermain standards of construction.
b. In addition, sewers passing over watermains shall be protected by
providing:
(1) a vertical separation of at least 18 inches between the bottom of
the sewer and the top of the watermain,
(2) adequate structural support for the sewers to prevent excessive
deflection of joints and settling on and breaking the watermains, and
(3) that the length of water pipe be centered at the point of crossing
so that the joints will be equidistant and as far as possible from
the sewer.
2. Watermains shall be laid at least 10 feet horizontally from any sanitary
sewer, storm sewer or sewer manhole# whenever possible, When local conditions
prevent a horizontal separation of 10 feet, a watermain may be laid closer
to a sttrm or sanitary sewer provided thatc
a. the bottom of the watermain is at least 18 inches above the top of the
sewer$
b, where this vertical separation cannot be obtained# the sewer shall be
constructed of materials and with joints that are equivalent to watermain
standards of construction and shall be pressure tested to assure
watertightness prior to backfilling.
t
Minnesota Pollution Control Agency
Nviy
MINNESOTA POLLUTION CONTROL AGENCY
GENERAL CONDITIONS FOR SANITARY SEWER EXTENSION PERMITS
October 1, 1975
GENERAL CONDITIONS:
1. This permit shall not release the permittee from any liability
or obligation imposed by Minnesota or Federal statutes or
local ordinances and shall remain in force subject to all con-
ditions and limitations now or hereafter imposed by law. The
permit shall be permissive only and shall not be construed as
estopping or limiting any claims against the permittee for
damage or injury to persons or property, or any waters of the
state resulting from any acts, operations or omissions of the
permittee, its agents, contractors or assigns for damage to
state property, or for any violation of the terms or conditions
of this permit.
2. No assignment of this permit shall be effective until it is
executed in writing and signed by the parties thereto and
thereafter approved by the Agency.
3. No major alterations or additions to the disposal systems shall
be made without the written consent of the Agency.
4. The use of the disposal system shall be limited to the treatment
and/or disposal of the sewage, industrial waste, other waste
materials or substances described in the plans and/or permit
application and associated material filed with the Agency.
5. The Agency may modify, suspend, -or revoke in whole or in part,
this permit after giving notice and providing an opportunity
for a public hearing or by taking direct enforceplent action,
including failure: (a) to comply with the terms stated herein,
or (b) to comply with Agency water quality regulations and
standards presently in force. Nothing herein shall prohibit
the Agency from exercising its emergency powers.
1935 West County Road B2, Roseville, Minnesota 55113
Regional Offices • Duluth / Brainerd / Detroit Lakes / Marshall / Rochester / Roseville
Equal Opportunity Employer
General Conditioner for Sanitary Sewer Extension Permits
Page 2
6. The permittee acknowledges that nothing contained herein shall
prevent the future adoption by the Agency or its predecessors
of any pollution control regulations, standards, orders or
statutes more stringent than those now in existence or prevent
the enforcement and application of such regulations, standards,
orders or statutes to the permittee.
7. The Agency, its officers, employees and agents review and com-
ment upon engineering reports and construction plans and
specifications regarding this permit solely for the limited
purpose of determining whether such report, plans and specifi-
cations will enable the facilities subject thereto to reasonably
comply with the regulations and criteria of the Agency.
8. This permit has not been reviewed by the U. S: Environmental
Protection Agency and is not issued pursuant to Section 402 of
the Federal Water Pollution Control Act Amendments of 1972.
9. The plans for the project have been approved with the reserva-
tions stated on the attached sheet entitled "Information Relative
to Review of Plans and Permit Application."
ATTACHMENT
REINFORCEMEi.. TABLE INCIDENTIAL
Pavement V 1'-1 1/2
Slab �QWJ
2-i I -Pavement Side form
Position of inlet 3,
Casting
0.20' _ - - Catch Basin
--. -- --- -- -- - =�--
-- -- --- -- ; ---- f Structure
------- --- - - -
� 1 1 d
Mortar
IL of Structure - _ ; _ •:
u.
Distance from Shown in plans—�, ;' ' - •
INSTALLATION IN OCatch Basin Casting
CONCRETE PAVEMENT 122 Depression 0.20'
3 - Horizontal Bars
centered about Ft, of casting
(See Table)
Distance from rL to face of curb shown in plans —
Gutter Width W
1'1 1/2
O� I
Curb and Gutter_
:d.:;Normal._Guttr.'9ot}Otti, 11i ii�:._'
Mortar Seat 0 20'
t------- t---------- ------------
Distance -----
from (L Shown in plans
1
INSTALLATION IN
CONCRETE CURB & GUTTER
Distance from rL to face
of curb shown in plans ----.&
1 11
1-1 /2 tl
No. 4 Vertical
No. 4 Horizontal
Approx. Reinf. Wt.
Curb Sox
Bars
Bars
For One Installation
Re 'd.
Re 'd.
Lenqth
Pounds
Casting No.
821 & 831
3
3
3'-611
10
823 & 833
4
3
5'-011
14
1/2" clear
-Vertical Bars
spaced 1'-6" center
symmetrically about
of casting.
(See Table)
1 1/2 ".clear
TYPICAL REINFORCING
Curb wiath A AT CURB INLET
0 See Standard i'lates 4129, 4160, and 4161 for details
-See Note
GENERAL NOTES:
'-Form In all installations, place frame casting 0.20 foot below
finished roadway surface. Compensate for tilt by varying the
depth of mortar seat.
Curb inlet casting shall be fastened temporarily to frame
casting with 2 cap screws, during curb construction.
Cap screws must be removed after -curb has hardened.
Details are typical and apply to installation of both telescoping
and non -telescoping castings. Refer to plans for specific
items required.
Width A
See Note
DEPRESSION IN FLOW LINE AT
CATCH BASIN LOCATION
_•. J_a1rl ..
1 : , •.•,l . -- _ ,.. Top of Curb
Mortar Seat-� - _ _- _
• J' • � '4 - ' Flow r--3r0.20 �••-2-••f Flow
�
1>..
on Grade:••..••-..•.• :.::..........;.,... ._,.,•
:. ::::•..• :. ..•.»-Catch: Basin•:.
Distance from rl Shown in plans Flow _ .f--3' 0.20' 3' , Flow
on Low Po nt . ,1- "T•—• •....: •,::::
--Catch Basin;::. ,..:...
INSTALLATION IN CONCRETE CURB - —
Note:
Where grate is adjacent to traveled
lane use 0.10' (max.) sump.
STATE OF MINNESOTA SPECIFICATION STANDARD
AP°20'IEp Oct_ 7�1974_ DEPARTMENT OF HIGHWAYS REFERENCE PLATE
NO.
Assistant
INSTALLATION OF CATCH BASIN CASTINGS 2531 7111 E
Commissioner
Materials, Research and St ndalds
Curb and Gutter
a
D
l
6
.NOTE:
PERSPECTIVE This detail applies to 18"
and 24' Gutter width only
C>arb and Gutter
PLAN
Spec. Refs 9531
Flow
.__;
�c\V
`L
Structure -;
Ir
istance as shown in
1' _l-1/2 "
rA- Cub Width
clans to o struc ure
j
0.20'
I I
Structure J
21 L�►� J
END VIEW
Seat
STATE OF MINNESOTA STANDARD
PLATE
APPROVED Oct. 1, 1966
DEPARTMENT OF HIGHWAYS NO.
lo. �' 45""' CURB AND GUTTER 7110E
ASSISTANT COMMISSIONER CONSTRUCTION AT CATCH BASIN
ENGINEERING STANDARDS
INFORMATION BULLETIN
STYROFOAM® HI BRAND PLASTIC FOAM INSULATION
FOR
WATER AND SEWER LINE INSULATION
[MINNESOTA]
Background
The frost protection of utility lines is a major design considera-
tion in the northern states. An alternate procedure to burying
the pipe below the frost line has been developed which employs
a horizontal layer of insulation placed above the pipe. This
simple but effective method has been in use since 1964 and is
described in this bulletin.
Advantages
Since an insulated utility line does not have to be placed below
the frost line it can eliminate the need for costly rock excava-
tion or lift stations, and allows new design freedom. Existing
lines can be insulated where the original cover is inadequate
or where subsequent construction will reduce the cover. This
additional frost protection is provided without disturbing the
pipe and interrupting service --each of these factors contribute
to an improved design for less cost!
Design
Width - Figure I can be used to determine the width of Styrofoam
HI brand plastic foam required. The maximum depth of frost
penetration at the utility location and the depth and size of the
pipe are the variables that must be known. A correction to the
width found in Figure I must be made if the pipe diameter is more
than 18" or if the insulation is more than 611 above the pipe. It
is assumed that there is continuous flow in the pipe.
Thickness - Figure II can be used to determine the thickness of
Styrofoam HI brand plastic foam required.
Note: A wide layer of insulation beneath a highway
pavement may cause differential movement and
temperatures at the surface. These effects
should be evaluated based upon the local
conditions. (i.e. soil type, moisture, and
traffic volume) .
THE DOW CHEMICAL COMPANY • MIDLAND,MICHIGAN
NOTICE: This lefmmation is pr►aented in good faith, butno warranty, express or implied, is Ginn nor is freedom from any patent owned by The Dow Chemieat Company -by others fo be inferred.
H 10
e, _ t
0
2
A 2 .3 4 5 6 7 E
3 MAX. FROST PENETRATION (FEET)
-2-
FIGURE I
WIDTH OF INSULATION
Insulation
Ground Surface
Mir
NNN 1 � T I\
Depth
Min. 18" (d)to top
1 , of pipe
CORRECTION FACTOR: If The insulation
is more than E" above pipe and/or the
pipe diameter is more than 1811, then
these excess dimensions must be added
to the width of insulation (see ex.2)
EXAMPLES: Note - Examples illustrate only determination of width
of insulation; thickness of insulation should be
determined from the map shown as Figure II.
1. Max. depth of frost = 5' - 6"
Shallow bedrock limits depth of pipe to 2' - 0"
Pipe. diameter = 611, Insulation placed 6" above top of pipe.
Solution: a) From Fig. I, W = 8' - 0"
b) No corrections
2. Max. depth of frost = 6' - 6"
Due to change in grade' of highway, an existing pipe will
have only 4' of cover. Insulation will be placed on new
subgrade which is 24" above the top of the pipe.
Pipe diameter = 24"
Solution: a) From Fig. I W = 6' - 0"
b) Add excess distance between
pipe and insulation over 6"
24"-6"= 1' - 6"
c)•Add excess pipe diameter
over-18" 24"-181,= 0' - 6"
Total Width = 8' - 0" `_.
3-1/2"
2-1/2"
2"
G. Dale gah,;Yen
-3- •
FIGURE II INSULATION THICKNESS ,
The thicknesses of Styrofoam HI brand plastic
foam shown in this figure are based on a
national map* showing the Corps of Engineers
Design Air Freezing Index which is.the .
coldest i year in 10 or average of the coldest
3 years in 30. Since this -map cannot take into
account all localized variations in -Air
3-1/2„ Freezing Index,- local weather records should
be consulted and 'used as the basis for desi n
g
when greater accuracy is desired. In this
1AU case, the insulation thickness should be
etermingd from the -following schedule.
311
p M
�OOOf
YAIfMAII
Kt14 w n ►oua 1
fOUt I Pvmw4 FP;
,` 1-1/2"
Noma
MA v
CAN
/MOW
""cc
(AaY[a+euomr..moca+mIa+mOIN ICON
ron.
MUMAl
[OT10M tr000 �AtpIV AN alUllAa1N
i.ORIf MQf¢v YAa1M IAMAYCI
cArmoN
Air Freezing
Index
f,,,m
(OF -Days)
Thickness
1500-or less
1"
1500-2000
1-1/2"
2000-2500
2."
2500-3000
2-1/2"
3000-3500
3"
30
L-1/2„3500-4000
3-1/21t
twNMA 211
Ir
.A
1-1/2"
*Corps of Engineers 1962
Patent
The Dow Chemical Company holds a patent covering the use
of plastic foam insulation in utility line constructions
(U.S. Patent 3,421,328). When Styrofoam HI brand plastic
foam insulation is purchased, the price,of the,material set
forth in the invoice will include a prepaid royalty for
which the purchaser acquires a non-exclusive license to
construct and use utility lines employing such purchased
foam material. Such a license may be obtained from Dow,
regardless of the source of the foam material.
10/15/69
9
C_