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79-02 - Near Mountain PUD pt 2CITY OF Puo CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 September 20, 1990 Mr. Michael Pflaum Lundgren Bros. Construction 935 East Wayzata Boulevard Wayzata, MN 55391 Dear Mr. Pflaum: This letter is to confirm that on September 10, 1990, the City Council approved your request -for preliminary plat extension for Summit at Near Mountain until January 13, 1992. Should you have any questions, please feel free to contact me. S;ince/rely, Jo Ann Olsen Senior Planner JO : v/ MEMORANDUM CITY OF CHANHASSEN 690 COULTER DRIVE * P.O. BOX 147 e CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739ACtion by City Adminlstrstotr DWmed---/ Modmed_ ReJacted.._..� TO: Don Ashworth, City Manager petP 9-5-yo We Submitted to CommiWoq FROM: Jo Ann Olsen, Senior Planner �IDU !VRf Su15m ted to COWEil DATE: September 4, 1990 9- io - To SUBJ: Preliminary Plat Extension, Summit at Near Mountain, Lundgren Brothers On September 13, 1989, the City Council approved the preliminary plat for Summit at Near Mountain (Lundgren Brothers). The preliminary plat is valid for one year by which time the final plat must be submitted to and approved by the City Council. Mike Pflaum from Lundgren Brothers Construction has requested an extension to the preliminary plat approval. Summit at Near Mountain is a phase of the Near Mountain/Trappers Pass PUD which was to follow development of Trappers Pass 4th Addition. Due to the reduced demand for upper bracket housing, development of Trappers Pass 4th Addition will not begin until this fall, which further pushes back development of Summit at Near Mountain. The City Council has granted extensions to preliminary plat approvals when circumstances do not allow the development to progress as soon as planned. Since Lundgren Brothers are developing the property in a timely manner and the market for housing has slowed down, staff has no objection to extending the preliminary plat approval. Recommendation Planning staff recommends that the City Council adopt the following motion: "The City Council recommends approval of preliminary plat extension until January 13, 1992 for Summit at Near Mountain." Attachments 1. Letter from Mike Pflaum dated August 15, 1990. 2. Illustration of Summit at Near Mountain LUIlDGR(n .�NCTRUCTION BROS 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 August 15, 1990 RECEIVED AUG 16 1990 Mr. Paul Krauss CITY OF CHAsvr AZ:,6E V Chanhassen City Planner 690 Coulter Drive Chanhassen, MN 55317 Re: Summit at Near Mountain (Amendment of the Near Mountain P.R.D. Preliminary Plat and Final Development Plan) Dear Paul: Earlier this year, I submitted the attached petition for an extension of the Preliminary Plat and Final Development Plan approval which Lundgren Bros. Construction was granted for subject project on September 13, 1989. In the time which has since elapsed, land development financing has become extremely difficult to obtain and demand for executive bracket housing has softened. As a consequence, Lundgren Bros. has delayed commencement of Trappers Pass at Near Mountain 4th Addition until late fall, at the earliest, and will be unable to consider proceeding with the Summit project before 1991. I accordingly herewith petition the Chanhassen City Council to extend the approvals it granted on September 13, 1989, until September 13, 1991, or for so long as the appropriate ordinance will permit. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. Michael A. Pflaum MAP:bw Enclosures LunDGR(n O �TRUCTION BROS� 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 0 (612) 473-1231 January 31, 1990 Mr. Paul Krauss Chanhassen City Planner 690 Coulter Drive Chanhassen, MN 55317 Re: Sturmit at Near Mountain (Amendment of the Near Mountain P.R.D. Preliminary Plat and Final Development Plan) Dear Paul: On September 13, 1989, the Chanhassen City Council approved Lundgren Bros. Construction's proposed amendment of the Near Mountain P.R.D. to substitute 43 large single family lots for 114 multi -family attached living units. A provision of the Chanhassen Subdivision Ordinance, I believe, stipulates that if a final plat is not filed within six months of the City Council action approving the preliminary plat, the approval of that preliminary plat is rescinded. Inasmuch as development of Summit is dependent upon the extension of utilities and streets through Outlots A and C of Trappers Pass at Near Mountain 3rd Addition, an area we are only now preparing to develop, it would be decidedly premature for Lundgren Bros. Construction to file a Summit final plat by March 13, 1990, the last day before its preliminary plat approval would expire. We accordingly herewith request that Chanhassen approve the maximum extension of the deadline for the filing of the Summit at Near Mountain final plat which its ordinances will permit. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. Michael A. Pflaum MAP:bw i y } CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 February 14, 1990 Mr. Mike Pflaum Lundgren Bros. Construction 935 E. Wayzata Blvd. Wayzata, MN 55391 Dear Mike: The City Council approved the preliminary plat for the Near Mountain PUD - Summit at Near Mountain on September 13, 1989. A preliminary plat is valid for one year and a final plat is valid for two years. Therefor:, you have until September 13, 1990, to receive final plat approval for Summit at Near Mountain. Should you have any questions., please feel free to contact me. Sincerely, Jo Ann Olsen Senior Planner JO:v ^mi xna Awvmnn3Ud NOTICE OF PUBLIC HEARING PROPOSED WETLAND ALTERATION PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission, will hold a Public Hearing on Wednes-' day, August 2, 1989, at 7:30 p.m. in the" Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Lundgren Bros. to receive a wetland alteration permit for directing storm water into a Class A wetland and providing a sedimentation basin within 200 feet of the Class A wetland on property zoned PUD and located in the northwest comer of the Near Mountain PUD. A plan showing the loc *^:ten of the proposal is available for public review at City all during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this pro- posal. Jo Ann Olsen, Senior Planner Phone: 937-1900 (Published in the Chanhassen Villager Thursday, July 20, 1989; No. 196) Affidavit of Publication Southwest Suburban Publishing State of Minnesota )SS. County of Carver 1) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher of the newspaperknown as the Carver County Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A-02, 331A.07, and other applicable laws, as amended. / (B) The printed public notice that is attached to this Affidavit and identified as No.%C! was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghi j kl mnopgrstuvwxyz By: Stan Rolfsrud, t7theral Ma Subscribed and sworn before me on this _2Q day o 1989 LAURIEA. HARTMANN m2Q99---) SOTA YS6-12-93 } Laurie A.Hartmann, Notary Public — RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ............................ $7.13 per column inch Maximum rate allowed by law for the above matter.......................................................... $7.13 per column inch Rateactually charged for the above matter.......................................................................... $5.30 per column inch NOTICE OF PUBLIC HEARING PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a Public Hearing on Wednes- day, July 19, 1989, at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Lundgren Bros. Construction to amend the PUD to replace 114 multi -family attached units with 45 single family lots, on property zoned PUD-R and located at the northeast corner of Pleasant View Road and TH 101. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this pro- posal. Jo Ann Olsen, Senior Planner Phone: 937-1900 (Published in the Chanhassen Villager Thursday, July 6, 1989; No. 191) e74-?-,-.1 P Affidavit of Publication Southwest Suburban Publishing State of Minnesota )SS. County of Carver Stan Rolfsrud, being duly sworn, on oath says that he is the publisher of the newspaper known as the Carver County Herald and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.W, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. r I L I was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdcfgh i j kl mnopq rst Subscribed and sworn before me on this day of 1989 ~ 1 °F LAURIE A. HARTMANN NOTARY PUBLrrMINNESOTA - SCOTT COUNTY 9 A/COMMISSIONEXPIAE-12413 Laurie A. Hartmann, Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ............................ $7.13 per column inch Maximum rate allowed by law for the above matter.......................................................... $7.13 per column inch Rate actually charged for the above matter.......................................................................... $5.30 per column inch LU11DGR(11 8 Ra 5ONST�.INC- 935RUCTION fj EAST WAYZATA BOULEVARD r WAYZATA, MINNESOTA 55391 • (612) 473-1231 Please deliver td: Name• O/S � Dept, it This is". pageof a . � --page transmission. Day/date sent Time Y-0 11 Please call at (612) 473-1231 to confirm receipt of this fax C1Additionai comme►7ts:_,_ _. Messag sent by For return Fax, dial (012) 473-7401 PROPOSAL BY LUNDGREN BROS. CONSTRUCTION, INC. P'OR AMENDMENT OF THE ,PRELIMINARY PLAT AND FINAL DEVELOPMENT PLAN FOR THE NEAR MOUNTAIN P.R.D. a Replacement. of 114 Condominium units with 45 large lots for construction of executive bracket single family homes. When the initial development plan was being created, there was little new home construction in the Near Mountain area. In 1979, the only homes in the immediate vicinity were along Pleasant View Road, Ridge Road and on Town Line Road in Minnetonka. To the north and east, the land was still being farmed, as were sizable parcels to the south, The project site had great aesthetic appeal -- woodlands, wetlands, rolling crop land, and, of course, its dramatic namesake "mountain". It seamed perfectly suited for single family homes, and in certain areas amenable to multi -family attached applications as well. But no one on the design team could with confidence project what besides single family housing the marketplace would accent. The most prudent approach seemed to be to design as much density into the project as the site could reasonably absorb, and to seek amendment to the plan as housing trends developed and the northeastern Chanhassen housing market became more clearly defined. The two most logical repositories for increased density were the crest of the mountain and the easterr►most portion of the property. The latter, which was initially al,,i_,ed for 36 quadraminiums, was separated from off - site single family homes by a grove of trees, State Highway 101 and a parcel belonging to a church. The mountain was amply broad to provide substantial horizontal, as well as vertical distance from surrounding homeowners. From the conceptual standpoint, it seemed an ideal place for 120 condominium units. Much has changed in the ten years since the Preliminary ➢evelopment Plan was approved. The quadraminium has so declined in popularity that few new 3 units are now being built, Luxury condominiums of the sort which seemed appropriate for lofty views of Silver and Lotus Lakes have been failures even in such close in and promising locations as Ridgedale in Minnetonka, or kenwood. And, more importantly, surging development in northeastern Chanhassen and the surrounding portions of Eden Prairie and Shorewood has for almost six years emphatically demonstrated how strong a single family housing area this has become. The blear Mountain PRD has been amended four times since its Final Development Plan was approved in 1981 -- first, to replace the quadraminiums with a more competitive small lot single family product, than to add land, improve sub -neighborhood transitions and adjust the lot size mix to meet the changing appetite of the marketplace. (For further detail, please see Table I, attached.) While the desired action would eliminate multi -family, attached housing from the PRD, Lundgren Bros. Construction believes that it is recommended for the following reasons: 1. It would further diversify the project's variety of single family homesites. Within Near Mountain, lots would range from the minimum of 7,600 square feet in the first Country Horse subdivision to estate - sized sites in excess of one acre overlooking Silver Lake.. This range in size and amenity equates to a spread in initiAl selling priced of from about $90,000 to over $500,000. (Please refer to Table 2.) 2. It would speed completion of the FRD. A multi -family use which would be compatible with the homes in and surrounding Near Mountain might have to be delayed for many years -- until development acreage in the area is depleted and Near Mountain is perceived to be much closer to the metropolitan center. Such a delay would not be in the best interests of current Near Mountain homeowners, Chanhassen taxpayers, or Lundgren Bros, 3. It would remove from the view of surrounding homeowners the probably unwelcome sight of the relatively lar&O buildings which would contain the condominiums, These buildings would be visible from all directions and, because of their elevation, from quite a distance. Lundgren Bros. believes that development with small structures, carefully placed and sensitively constructed among the trees, is preferable to the clustering of more massive buildings near the hill's crest. The latter, by restricting construction to the higher elevations, has the advantage of preserving a thicker belt of trees on the slopes below. But it would require clearing and earthwork over much of the upper slopes and three story buildings which with even the most careful orientation and design would loom much larger than what neighboring landowners are accustomed to viewing, 4. It would substantially reduce traffic within Near Mountain, on local residential streets, and at the Pleasant View Road and Town Litre Road intersections of Highway 101. 5. With its mature trees, spectacular views, extensive boulder retaining walls and dramatic house designs, the new subdivision would be a showcase of which all in Chanhassen could be proud, one which would soon take its place, Lundgren Bros, believes, among the City's most prestigious neighborhoods. Proposed minimum standards for lots: Lot Area: 20,000 sq.ft. Width at ROW (non -cul-de-sac lots): 90 ft, Width at Front Yard Set -back: 115 ft. Front Yard; 30 ft. Side Yard: 10 ft. Rear Yard: 30 ft. The "mountain" is impressive., both for its 'dramatic topography and for the mature maple and basswoods which adorn its crest and north and east flanks. Because these trees are such a valuable asset-, earth work would be held to an absolute minimum. Insofar as possible, streets would be set J to match existing contours, and where soil removal is unavoidable, retaining walls would be constructed to limit the area of disruption. On the more open southwest slopes, a 25-foot-wide buffer of natural vegetation wotald be retained to enhance the privacy of neighboring homeowners along Pleasant View Road and to retard storm run-off from the back yards of the adjoining homes above. From the east, a pedestrian trail would climb through the woods from Trap Line Lane to the northwest segment of Trappers Pass, which it would follow to Outlot B before descending to Pleasant View Lane below. A fire lane through Outlot C would permit emergency vehicles to enter the site from Indian Dills Road, in the catastrophic event that an obstacle should block Trappers Pass west of its intersection with Timber Hill Road. The Declaration. of Covenants for the new subdivision would be substantially the same as that of Trappers Pass at Near Mountain 3rd Addition, a copy of which is appended, ,. TABLE I LUNDGREN BROS, CONSTRUCTION, INC, NEAR MOUNTAIN P.R.D. CHRONOLOGY 1ST AMENDMENT TO 211D AMENDMENT TO 3RD AMENDMENT TO PRMSED FINAL DEVELOPMENT FINAL DEVELOPMENT FINAL AEVELOPMENT FINAL DEVELOPM"T AMENDMENT RESIDENTIAL PRELIMINARY PLAN (1) PLAN (2) PLAN (3) PLAN (4) TO FINAL UNIT TYPE DEVELOPMENT PLAN (APPROVED 5111161) (APPROVED 9/19/83) (APPROVED 2/27/84) (APPROVED 2/04/83) DEVELOPMENT PLAN ---------- -------------^- -------------------- ------------- '---- ------------------ NO.OF AVE,/MIN, IN0,07 AVE,/MIN. INO,OF AVE./MIN. INO.OF AV$,/MIN, 1NO.OF AVE,/MIN, IN0,07 AVE./MIN. UNITS SQ.FT_ !UNITS SQ,FT. !UNITS SQ,FT, JUNITS SQ,FT, !UNITS SQ,FT. UNITS SQ,FT, ---------------j------------- l--------------.----- f ---------- I i Type "AA" Lot - I � f - { - j - i 45 34,100/ (115'minimum width) { I i ZD,000 Type "A" Lot 52 33,000/- ! 64 $0,800/ i 64 30,800/ ! 64 30,800/ ! 51 33,300/ ! Sl 33,300/ (100' minimum width) ! 14,400 j 14,400 j 14,400 ! 17,200 17,200 i Type "B" Lot. 62 16,400/- 70 17,700/ 70 17,700/ 27 19,900/ ! 46 19,300/ ! 46 19,300/ (75' minimum width) I 11,700 i 11,700 ! 12,000 ! 10,000 i 10,900 I f Type "C" Lot f ! I (67' minimum width- - j - i 31 10,U00/ j 40 11,300/ j 40 11,300/ 40 11,300/ Near Mountain) 7,600 ! ?,600 7,600 7,600 i f i 1 f ! 1 I t (88' minimum width- 37 13,700/ 57 13,700/ ! 57 13,700/ Chestnut Ridge i j ! 10,000 10,000 f 10,000 ist-4th A.4ditlalls) I I J I ( I f 1 I I Quadraminiumz 36 Condominiums 120 ! 120 ! 120 120 ! 114 f - Total Units 300 j 290 ! 285 ! 308 j 308 23D 1 I 1 ! 1 Total Acr*a 147+/- ;147+!- 1147+/- j153t/- 1153+/- i I I I ! I f Gross Project 2,04 d.u./ac. 11,97 d,u,/aC, :1,94 d_u,/ac. 12,01 d.u./ao. 12.01 d,u,/ac, 11,56 d.u./ao. Density NOTES! (1) Adjusted lot sixes and moved inter±ace of Type "A" And Type "B" t;eighborboods farther to the east. ill Replaced 36 quadremirdums with 31 zero-1ot-1111a type, small lot homes, (3) Reworked area east of Near MourLtaiu Boulevard to in"zFcraty .4'u*rican Lutheran Church property (6+/- acres) and to Convert 43 Type "B" lots into an enlarged Type "C" lot for the evolving Country Home product line. ,4) Increasod number of Type "B" lots to acco:ntnodate demand for enlarged Country Hom* plans; reduced number of Type "A" lobs and condominitun units; i;ayrov*d pond aesthetics and transition from Tyge "8" to Type "A" living areas H TABLE 2 NEAP M01MMM'CHANHASSEN BUYER A:;A t!QUSIN3 CHPRAOTERIS —_CS ;5/2$:'80) AFFROX114ATt DWELLING SIZE DESMIPTIO14 !UYM CHAR9CTMjSTICe PRICE BRACKET -------------------- --------------------------- ------------------------- --------------------------------------------__ 050-1,$00 sq.ft. "Countty fiowe"-- .j4Ar Mountain, Chettitut C7oup1e5; young families; M ,000-$130,000 2 BR expandable to Ridge 2nd: young families with ohildren; 3 gR plus don smaller lots, less Empty -nester glove -downs, privaoy, less amenity, Typical buyer age: 25-20 mixed or transition with off -site elements 1,300-2,100 sq.-ft. "Country Home"- Chestnut Ridge $rd-8th: Developing famlliea; $SZ0,000-$150,000 3-4 DR with or without Larger cul-de-sax or move -up buyers; empty den; grsatsr design interior lots; luxury fleeter move -downs. flexibility housing fringe; proximity Typical buyer age; 2$-45 to ponds , 2,400+ sq.ft. "Luxury or Custom Mome''-- Trappers Foss Aduitigns! EstAblished, executive $190,000-9350,000 3-car garage, 42.R+%- Large lots, wood4 or m4a;zh, and professional with more open spaot acid private inner Bite 'aalilies; move -up life style design IUCCtioll. hovers. T-,pical buyer age: 35-SO 2,400+ sq.ft. "Luxury or 'Ca&,ton "::oantain" subdivision: 23tablished, exeoutiva $300,000 up 3-car garage; b°P+. - urge fats, wo,:!It, and ptofeaaional with more otin epaca and Rptotacular lane views, families; 'nove-up life aryls design; p-ivate inner Zito bayers, highly individualized location, Typical buyer age; 35-50 in floor plena, featurNs, and upgrades Donald & M. Jacoby ,-. lest & S. Sampias inn & G. Tirigren 461 Trap Line Lane 4u1 Trap Line Lane 411 Trappers Pass Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Thomas & E. Marsh 430 Trap Line Lane Chanhassen, MN 55317 Alan & L. Pherson 491 Trap Line Lane Chanhassen, MN 55317 Dean E. Wetzel 6260 Ridge Road Chanhassen, MN 55317 Larry J. Flewelling 305 Trilane Circle Young America, MN 55397 Michael & K. Clark 695 Pleasant View Rd. Chanhassen, MN 55317 Ronald & L. Harvieux 6605 Horseshoe Curve Chanhassen, MN 55317 Jeffrey & N. May 745 Pleasant View Road Chanhassen, MN 55317 John Sorteberg 4251 Sheridan Ave. S. Minneapolis, MN 55410 Carl W. Schevenius 5527 Penn Ave. S. Minneapolis, MN 55419 John & J. Thielen 665 Pleasant View Rd. Chanhassen, MN 55317 Frances O'Brien, et al 450 Indian Hill Road Chanhassen, MN 55317 Susan K. Price 6250 Ridge Road Chanhassen, MN 55317 Wm. P. Cunningham 865 Pleasant View Rd. Chanhassen, MN 55317 Joseph J. Smith P.O. Box 411 Excelsior, MN 55331 26 36-117-23 43 0036 _ LUNDGREN BROS CONST CO 935 E 6JAYZATA BLVD 26 36-117-2.3 33 0004 WAYZATA MN 55391 THGMAS N THI SS 1 6110 RIDGE RD I EXCELSIOR MN 55331 26 36-117-23 33 0007 JCHN G KRAEMER 6170 RIDGE ROAD SHOREWOOD MN 55331 26 36-117-23 33 0005 W D LARSON 6140 RIDGE RD EXCELSIOR MN 55331 26 36-117-23 34 0004 THOMAS N THISS 6110 RIDGE RD EXCELSIOR MN 55331 26 36-117-23 33 0008 WILLIAM P CUNNINGHAP 325 PLEASANT VIEW RCAD CHANHASSEN MN 55317 26 36-117-23 33 0006 ALLEN E GAIL OFSTEHAGE 6140 RIDGE RD EXCELSIOR MN 55331 I TOTAL LABELS BATCH 003 00006 Barbara A. Martini •.z 3 & L. Kramer fey & K. Robideau 491 Indian Hill Rd. j31'Indian Hill Rd. 540 Pleasant View Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Kevin & Pieper Bruce & J. Nord Thomas & N. Seifert 541 Indian Hill Rd. 551 Indian Hill Rd. 600 Pleasant View Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Alfonso & C. Correa John & K. VonWalter Lundgren Bros. Construction 520 Pleasant View Rd. 510 Pleasant View Rd. 935 #. Wayzata Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 Wayzata, MN 55391 Mary E. Rojina, et al i Eric Fleegum Robert & L. Sathre 480 Indian Hill Rd. I 550 Indian Hill Rd. 365 Pleasant View Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 David & M. Callaway Gilman & S. Lewison Gerald & B. Cox 6320 Fox Path 6340 Fox Path 1 6360 Fox Path Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Zachary Development Corp. G. Alan & S. Willcutt John & J. Fess 1055 E. Wayzata Blvd. 6270 Ridge Road 6280 Ridge Road Wayzata, MN 55391 Chanhassen, MN 55317 Chanhassen, MN 55317 Helmut & J. Mauer James & L. Meyer Russell & V. Knowles 5810 Ridge Road 6225 Ridge Road 501 Indian Hill Road Excelsior, MN 55331 Chanhassen, MN 55317 Chanhassen, MN 55317 Curtis & C. Anderson Gary M. Schelitzche David & V. Rossbach 500 Pleasant View Rd. 680 Pleasant View Rd. 670 Pleasant View Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Jerome & T. Frederick Samuel & L. Curnow . David A. Broden 660 Pleasant View Rd. 650 Pleasant View Rd. 640 Pleasant View Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 David & L. Milburn David & C. Rouse Carl A., III & K. Smith 5747 Colfax Ave. S. 620 Pleasant View Rd. 610 Pleasant View Rd. Minneapolis, MN 55419 Chanhassen, MN 55317 Chanhassen, MN 55317 John & J. Nickolay Near Mountain Lake Assoc. Warren & L. Erdman 608 Pleasant View Rd. 610 Pleasant View Rd. 431 Trapline Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 .; 1 �o� Gov -ion m sa ZaEa Znfz Z>X9 n axZO axZO axZ 1 z am'o 3vmv 3'amV n 11 A = 3m ��n "-tea a aMZ0 amZv n mZo O -! v 3� 0 m m m v 3 0 W ;a m m m ;a m o -1 0 P C_ C_ O N m a, -i -i O N o o sr00a•(11 xrxxa, \ -� O -4 = S F+ CY r- o O r Cp r m O Z Z D O W rm- D O w V) (A a1 H H n 0O;K;m r OOZZ r -i vfi]>>H' au7 ar S 4 'T'==O 3mmmo 1 I ZOmmm W 0 CA0m W P. y m ViO;a0w Uf m0w w a w o a o r 0 o N a W V r O O O O O, m Z Z m V H Z 0 0 00mMI 10 r Z N 000Zi0N ma. m 2 0 N 'a DG )3.Ulr30 0- 0� 1,om CJl D vr01 mCA--i NDmm aaa, w 0W>) �m orm A m O (NrHy�a.� {m -C m0) V nN �Q 00>w D:Z Zn HVV mZOO-4 oa r�-�'z-ni OvaA zNCO 1 V Z�ZZZ=mW o mmW m� 0ZZ-1 D� D 1 < Z > 00 ;H -I O -a N HHZNw 0W En Zp0p�m D N z u, w CC w � OCZm w Cp C)-0 r O�7 1� w UU'iZ= Zo W z n0 o w 5/ >a r H;a 03 �-ni o m-Zi .<OCnf �-'C z0 V n cn 0) v H Z0i UOi r- ;a —4 0 H H --I m O n 10-gm C7 -I O w 01 v O N i Zm m (n m \maN �NZ H 1 O-Im -n v W a vv)DI zaz Omm V n m ;an VI Z m cy, -q 0m mah aEON 1 x r S x a1 Cn 0r001" x r r a, a, CIF m033N rOr mom F -A�H() V)XVni0wa, NazDo� � xNc 0OZZ 4 00 0 F+ pM V Am=M-1 aVNam om H 2 2 0 1 H O I G m W O m Z o Z N N W O io Vt 04+ Ut N 0w -{- ut Ut 4 =mm o tw-� n 0 v m rri m m A 1 -NI v O to M V H F a, w O r MINNESOTA TITLEQD June 8, 1989 n ^ Title insurance Company of Minnesota 1 Scott and Carver Counties Division 287 South Marschall Road P.O. Box 251 Shakopee, Minnesota 55379 612/445 3196 Fax 612/455 9522 Nome Office.- Minneapolis, Minnesota 55401 According to the records in the Office of the County treasurer, Carver County, Minnesota, the following is a list of owners lying within 500 feet of the following described property: Outlot B, Trappers Pass at Near Mountain 3rd Addition according to the plat thereof on file and of record in the Office of the Registrar of Titles, Carver County, Minnesota. David L. & Marilyn J. Callaway 6320 Fox Path Chanhassen, MN 55317 Gilman J. & Sharon J. Lewison 6340 Fox Path Chanhassen, MN 55317 Gerald L. & Barbara R. Cox 6360 Fox Path Chanhassen, MN 55317 Zachary Development Corp. 1055 East Wayzata Blvd. Wayzata, MN 55391 G. Alan & Sarah Willcutt 6270 Ridge Road Chanhassen, MN 55317 John S. & Joyce Fess 6280 Ridge Rd. Chanhassen, MN 55317 Helmut & Jane Mauer 5810 Ridge Road Excelsior, MN 55331 James J. & L. Meyer 6225 Ridge Rd. Chanhassen, MN 55317 Lundgren Bros. Construction 935 E. Wayzata Blvd. Wayzata, MN 55391 Russell & Vickie Knowles 501 Indian Hill Road Chanhassen, MN 55317 Barbara Ann Martini 491 Indian Hill Road Chanhassen, MN 55317 Alan & L. Kramer 531 Indian Hill Road Chanhassen, MN 55317 Harvey W. & K. Robideau 540 Pleasantview Rd. Chanhassen, MN 55317 Kevin J. Piper 541 Indian Hill Rd. Chanhassen, MN 55317 Bruce A. & Jodi L. Nord 551 Indian Hill South Chanhassen, MN 55317 Thomas M. & N.S. Seifert 600 Pleasant View Dr. Chanhassen, MN 55317 Alfonso & Christine M. Correa 520 Pleasantview Road Chanhassen, MN 55317 John R. & K. Vonwalter 510 Pleasant View Rd. Chanhassen, MN 55317 Curtis & Cheri Anderson 500 Pleasant View Rd. Chanhassen, MN 55317 Gary M. Schelitzche 680 Pleasant View Rd. Chanhassen, MN 55317 David R. & Valarie L. Rossbach 670 Pleasant View Rd. Chanhassen, MN 55317 Jerome P. & Theresa Frederick 660 Pleasant View Road Chanhassen, MN 55317 Samuel G. & Laurie J. Curnow 650 Pleasant View Rd. Chanhassen, MN 55317 David A. Broden 640 Pleasant View Rd. Chanhassen, MN 55317 David & Lauren Milburn 5747 Colfax Ave. So. Minneapolis, MN 55419 David J. & Cynthia J. Rouse 620 Pleasant View Road Chanhassen, MN 55317 Carl A. Smith III & Kari Ann 610 Pleasant View Road Chanhassen, MN 55317 John & J. Nickolay 608 Pleasant View Rd. Chanhassen, MN 55317 David A.-,xoden 6 asant View Rd. hanhassen, MN 55317 Near Mountain Lake Assoc. Inc. 610 Pleasant View Rd. Chanhassen, MN 55317 Warren & Linda Erdman 431 Trapline Lane Chanhassen, MN 55317 Donald E. & Mary A. Jacoby 461 Trap Line Lane Chanhassen, MN 55317 Ernest J. & Susan M. Sampias 481 Trap Line Lane Chanhassen, MN 55317 Lynn W. & Ginger H. Timgren 411 Trappers Pass Chanhassen, MN 55317 Thomas L. & Ellen C. Marsh 430 Trap Line Lane Chanhassen, Mn 55317 Ronald E. & Leanne Harvieux 6605 Horseshoe Curve Chanhassen, Mn 55317 Frances O'Brien etal 450 Indian Hill Rd. Chanhassen, Mn 55317 Alan D. & Liliana T. Pherson 491 Trap Line Lane Chanhassen, Mn 55317 Mary E. Rojina et al 480 Indian Hills Road Chanhassen, Mn 55317 Eric Fleegum 550 Indian Hill Rd. Chanhassen, MN 55317 Robert & Linda Sathre 365 Pleasant View Rd. Chanhassen, MN 55317 Jeffrey & Norma May 745 Pleasant View Rd. Chanhassen, MN 55317 James J. & L. Meyer 6225 Ridge Rd. Chanhassen, MN 55317 Susan Karyl Price 6250 Ridge Rd. Chanhassen, Mn 55317 Dean E. Wetzel 6260 Ridge Rd. Chanhassen, MN 55317 John Sorteberg 4251 Sheridan Ave. So. Minneapolis, MN 55410 Wm. P. Cunningham 865 Pleasant View Rd. Chanhassen, MN 55317 Dated this 6th day of June, 1989 at 8:00 A.M. Larry J. Flewelling 305 Trilane Circle Young America, MN 55397 Carl W. Schevenius 5527 Penn Ave. So. Minneapolis, MN 55419 Joseph J. Smith P. 0. Box 411 Excelsior, MN 55331 Michael & Kathzyn. Clark 695 Pleasant View Road Chanhassen, MN 55317 John & Jane Thielen 665 Pleasant View Road Chanhassen, Mn 55317 2a IAZ Barbara Marschall - authorized signatory 1"� CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss COUNTY OF CARVER ) Vicki Churchill, the duly qualified and acting Planning Secretary of the City of Chanhassen, Minnesota, on oath and deposes and says that on tO 19&, she caused to be mailed a copy of the attached notice of hearing 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 mail with postage fully prepaid thereon; that the names and addressess of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. n '0°1 NOTICE OF PUBLIC HEARING PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a Public Hearing on Wednesday, July 19, 1989, at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to con- sider the application of Lundgren Bros. Construction to amend the PUD to replace 114 multi -family attached units with 45 single family lots, on property zoned PUD-R and located at the northeast corner of Pleasant View Road and TH 101. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Jo Ann Olsen, Senior Planner Phone: 937-1900 (Publish in the Chanhassen Villager on July 6, 1989) CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 January 6, 1995 Mr. Michael Pflaum Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, MN 55391 Re: Release of Letter of Credit for The Summit at Near Mountain 2nd Addition Project No. 93-2 Dear Mr. Pflaum: The City has performed the final review of the above -referenced project. Staff has found that all of the conditions of approval have been complied with and the site has been constructed in accordance with the approved construction plans. Therefore we are returning the letter of credit (no. 11616) at this time. As are now closing our files on this project. Thank you for your cooperation throughout the project and for another successful and aesthetically pleasing development. Sincerely, - CITY OF CHANHASSEN David C. Hempel Assistant City Engineer DCH:jms Enclosure: Letter of Credit No. 11616 c: Charles Folch, City Engineer Kate Aanenson, Planning Director Development Contract File g:\eng\dave\1etters\summit2.1oc 4,I-� CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 January 14, 1993 Mr. Michael Pflaum Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, MN 55391 Re: Acceptance of Street Improvements in The Summit at Near Mountain Project No. 92-4 Dear Mr. Pflaum: On January 10, 1994, the City Council accepted the public street improvements in The Summit at Near Mountain for perpetual maintenance and ownership. While reviewing the project file, I noticed there are a couple of outstanding issues which I have listed below that need to be completed prior to the City releasing the remaining security 1. Pursuant to the development contract Item 5, "Iron Monuments". The development contract requires the developer's surveyor shall submit a written notice to the City certifying that all of the monuments (property corners) have been installed within the plat. 2. Maintenance bond guarenteeing the street improvements for two years from the date of acceptance (1/10/94). Upon receipt of the above items, the City will release the security escrow. If you have any questions, please feel free to contact me. Sincerely, CITY OF CHANHASSEN David C. Hempel Assistant City Engineer DCH. jms c: Charles Folch, City Engineer Mike Wegler, Street Superintendent Kate Aanenson, Senior Planner r" 6311 Staghorn Lane Chanhassen, MN 55317 August 18, 1993 Mr. Peter Pflaum President, Lundgren Bros. 935 E. Wayzata Blvd. Wayzata, MN 55391 REF: 6311 Staghorn Lane, Chanhassen, MN Dear Mr. Pflaurn: Beginning this spring we noticed that several trees which had been beautiful when we purchased our house last September were not developing leaves. Hoping that they were just late bloomers, we were not too concerned. However, as spring progressed, the trees in the area west of our house never leafed. We also noticed that our neighbors at 6310 Staghorn Lane, The Hasek's, had the same problem. We both became very alarmed with the fact that these trees which must have been 30-40 years old were dead and would have to be cut down. When we purchased our house a year ago, we asked why ourhouse cost more than the model. We were told by Dan Lowe, "Your lot cost much more because of the trees on it. We now have a lot with 9 dead trees and 7 more in jeopardy. It appears that we did not make a very good deal. I believe that not telling us that a portion of our lot had over 30" of fill, (which would probably kill our trees), was a willful act of mis-representation. Several tree experts who have assessed our lot (and our neighbors), indicated Lundgren Bros. had to know that filling our gully and covering our trees' natural ground level, would kill most trees within a matter of months. Having time on Lundgren Bros. side enabled them to sell us our treed lot looking as though it were a healthy normal lot. As if the filling of the trees well above their natural soil were not enough, Lundgren Bros. also allowed heavy machinery to travel at will over the lot bruising and cutting the existing trees with no concern for their delicate tap roots and trunks. As a result, per Mr. Jeff Schultz, Forestry Intern with the City of Chanhassen, all of our trees in the front and north gully have physical evidence of construction damage and are now dying. Not only are we faced with the ordeal of cutting down trees which are close to our house, we are also cutting away a great deal of value to our real estate. The house will no longer have the same look as it did when it was purchased, and it will not have the same value. Each tree which has been lost to our fill and construction damage is irreplaceable in value. RECEIVED AU r 1 91993 Mr. Peter Pflaum August 18, 1993 Page Two At this point, I'm sure that you are wondering what you as president of Lundgren Bros. can do to placate us on our very unfair purchase of a dying treed lot. What we expect as a good faith response from Lundgren Bros. for selling us a lot with a ticking time bomb of dying trees: 1. Professional felling of all dead trees paid by Lundgren Bros. 2. Replacement of each felled tree by Lundgren Bros. with equal trunk size tree. 3. Landscaping area in the northwest gully to acceptable status by owners (returning original look). 4. None of the above is to be done by heavy machines which could further damage the environment of remaining landscape. If the requested response is met by Lundgren Bros., we would feel that you have done your best to restore our confidence in Lundgren Bros. and in our purchase of your real estate. Past efforts on our part to Mr. Ed Lundgren, Mr. Mike Pflaum have gone unanswered. I can only hope that you will make a serious effort to reconcile the problem. A swift re- sponse and schedule of work by Lundgren Bros. would be most appreciated. Thank you. Most sincerely, I A A Cis Grady Mic ael Ferguson and Sandra- Hughes -Ferguson cc: Sandy Patterson - Edina Realty Dan Lowe - Lundgren Bros. Jeff' Schultz - Forestry Intern, City of Chanhassen Ed Lundgren - Lundgren Bros. MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT March 3, 1993 The Regular Meeting of the Board of Managers of the Riley -Purgatory -Bluff Creek Watershed District was called to order at 7:00 p.m., on Wednesday, March 3, 1993, by Chairman Fiskness at the Eden Prairie City Offices, Eden Prairie, Minnesota. Managers present: Fiskness, Rahr, Forster and Peterson. Managers absent: Scribner. Also present: Board Advisors Robert Obermeyer and Raymond Haik. The Minutes of the Regular Meeting of February 3, 1993, were reviewed. It was moved by Rahr, seconded by Forster, that the Minutes be approved with the following correction: Page 3, Engineer's Report: The reference to St. Andrew's Church should read St. Andrew. Upon vote, the motion carried. Correspondence • A communication from the Metro Association of Watershed District requesting the listing of District Legislators. • A resolution of the Hennepin County Board regarding appointment of managers. A communication from the Board of Water and Soil Resources regarding the Association of Metro Area Water Management Organizations. A communication from Royal Concrete Pipe Company regarding its erosion control system. • A communication from the Evanson & Dodge financial consulting firm regarding financial services. Permits } A. \Permit #92-13: The Summit at Near Mountain 2nd Addition; Grading and land alteration and utility installation: Chanhassen. 1 9 %, , ''. The Engineer reviewed the status of work and discussed the request for an extension of the permit. He reported that the CITY OF CHANHASSEN'� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 April 19, 1993 Mr. Dane Swenson Builders Development & Finance, Inc. 1055 East Wayzata Boulevard Wayzata, MN 55391 Re: The Summit at Near Mountain 2nd Addition Dear Mr. Swenson: This letter is to confirm that The Summit at Near Mountain 2nd Addition is in conformance with the zoning, PUD-R, Planned Unit Development -Residential, for that district. Also, according to the National Flood Insurance Rate Map, the property is located in a Zone C, areas of minimal flooding, Panel No. 270051 0005B, dated July 2, 1979. Should you have any questions, please feel free to contact me. Sincerely, Jo Ann Olsen Senior Planner JO:v If PRINTED ON RECYCLED PAPER 1747¢ BB C' LunDO61 BROS. CONSTRUCTION INC April 14, 1993 Ms Jo Ann Olsen Chanhassen Assistant Planner 935 E. Wayzata Blvd. 690 Coulter Drive Chanhassen, MN 55317 Wayzata Re: Zoning and Flood Hazard Letter for The Summit at Near Mountain Minnesota55391 2nd Addition (612)473-1231 Dear Jo Ann: Attached is a letter you were kind enough to prepare for the first Addition of this subdivision. Builders Development and Finance will be the lender for The Summit 2nd Addition, as well, and we will need a similar letter to Dane Swenson providing the same information for it. Please mail the letter directly to Dane, with a copy to me for my files. If you have any questions or problems with this request, -please call me. Many thanks. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. ichae 'A. Pf aum enclosure CITY OF o, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .(612) 937-1900 0 FAX (612) 937-5739 April 29, 1992 Mr. Dane Swenson Builders Development & Finance, Inc. 1055 East Wayzata Boulevard Wayzata, MN 55391 Re: The Summit at Near Mountain, Lundgren Bros. Construction Dear Mr. Swenson: This letter is to confirm that, The Summit at Near Mountain, is in conformance with the zoning, PUD-R, Planned Unit Development -Residential, for that district. Also, according to the National Flood Insurance Rate Map, the property is located in a Zone C, areas of minimal flooding, Panel No. 2700510005B, dated July 2, 1979. Should you have any questions, please feel free to contact me. Sincerely, Jo Ann Olsen Senior Planner JO:v 4% J PRINTED ON RECYCLED PAPER RECEIVED STATE OF M H CS Z O ` Z� MAR 31. 1993 4 ... DEPARTMENT OF NATURAL RESOUMESFC;HANHA,-)SEN PHONE No. METRO WATERS, .1200 Warner Road, St. Paul, MN 5KMO 772-7910 March 30, 1993 Mr. Charles Peterson Fox Chase/Lotus.Lake Dock and Trail Association 708 Lake Point Chanhassen, Minnesota 55317 RE: DNR PROTECTED WATERS PERMIT APPLICATION, MULTIPLE MOORING FACILITY, LOTUS LAKE (10-06), CITY OF CHANHASSEN, CARVER COUNTY Dear Mr. Peterson: The DNR Division of Waters Metro Region has received your permit application for a multiple mooring facility on Lotus Lake. Due to the fact that construction in .excess of. what can be. done without a ,DNR permit was commenced earlier this week, we will consider this an after -the -fact -permit application. Fees for after the fact permits are double the normal fees plus a minimum inspection fee of $100 .(or actual .cost) .: _.Ther.efore; the total after -the -fact permit application fee for this project is $265.00. Since $82.50 has already been paid, an additional $182.50 must be submitted. In addition, as discussed in our 3/29/93 telephone conversation, you should submit an explanation of why a permanent structure is needed versus a seasonal structure. An explanation of how the size of the structure has been minimized as much as possible should also be included. I'm sure you understand that there is no guarantee that everything requested will be authorized, however, this information will assist us in our evaluation. If you have any questions please contact me at 772-7910. Sincerely, Ceil Strauss Area Hydrologist c: JoAnn Olsen, City of Chanhassen Steve Walter, Conservation Officer AN EQUAL OPPORTUNITY EMPLOYER rev. 6/11/92 MN-DNR DI VISION/ OF WATER. METRO REGION — 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE: 772-7910 PROTECTED WATERS PERMIT APPLICATION NUMBER 9 REQUEST FOR REVIEW AND COMMENTS Date: - ,>7z) 1 1 Comments Due: j � / 93 `i cs To : it ounty- C� Ste- vN - Watershed Authority- Conservation District- Corps of Engineers-� �Z l �►� a DNR Area Fisheries Manager- ram- l DNR Area Wildlife Manager- Wayne Barstad, Ecological Services Other - From: Area Hydrologist, S- Applicant: CSe ( "A-k-14c' �bGIC V� � J County & City/Township: C(k.VVe_\r Protected Water: "4ks l�c-e- I.D. #: L Brief Project Description used, water depths, etc.): (dimensions, volumes, disposal sites, equipment I (over) V Ix x. 111 NA - 026z2-05 Rev.'12/91 PERMIT APPLICATION DEPARTMENT OF TO WORK IN PROTECTED WATERS OR WETLANDS HLe5-;,;04IA\ (INCLUDING DAM SAFETY) NATURAL RESOURCES \ \ Dlanca raarl inctnirtinne hpfnrp attpmntinn to nnmolete this 2013lication. I OFFICE USE ONLY P.A. NO. E:3 SWCD 0 C/C 0 W.D. puscOE Applicant's Name (Last, First, M.I.) Authorized Agent (d applicable) Telephone Number&areacode 6iu UOG�r�nG��; lr[cl�'�11_r0esrsa ((�/Z) �7�1- s$`l8' Address (Street, RFD, Box Number, ity, State, Zip Code) 70Y 1.a& 1 1-nl_ 1Ur!;e__ 110J' 5y317 LOCATION OF PROPOSED PROJECT (BESURE TO INCLUDE SKETCH SHOWING HOW TO GET TO THE SITE) Government Lot(s) Quarter Section(s) Section(s) No. Township(s) No. Range(s) No. t, Block, Subdivision �R61Z*xe_11)S)e C'las e., Fire No., Box No. or Project Address County Project will affect WLake. ❑Wetland or ❑ Watercourse (name & number./ _ Ae j fO n,�� ti0 ►^ICE. if known Uw TYPE OF WORK PROPOSED (CHECK ONE) IV. TYPE OF PROJECT (CHECK ONE) ❑ excavate ❑ repair ❑ shoreline ❑ shore -protection ❑ obstruction ❑ dam ❑ fill ❑ remove ❑ channel ❑ harbor ❑ bridge ❑ other ❑ drain ❑ abandon ❑ sand blanket 'txr permanent dock ❑ culvert (specify) X construct ❑ other (specify) ❑ riprap El wharf ❑ install ESTIMATED PROJECT COST $ g Z6-0 VI. LENGTH OF SHORELINE AFFECTED (IN FEET): 2 ff VOLUME OF MATERIAL FILLED OR EXCAVATED (IN CUBIC YARDS): J?pl7e BRIEF EXPLANATION OF PROJECT: (EXPLAIN WHAT PROJECT CONSISTS OF AND HOW WORK WILL BE DONE) ooct w' 1 1 �- Co► -is} rr ec -- o4--' n'cz Wo aEe6Fnma ��e�uen ,S�;�p . uj/Hk Dt J'j'tct `rrtu-&J04r,�-66fA-4� +/799- Aes15 R� � �o &A« e- :'ce ahal wait- cA<y ialwes: aacoO V6- -/0 V ?-e PURPOSE OF PROJECT: (Explain thy this project is needed) ,5eveo- �fJ�S t�L Yit� >�>< Qy� ©,�fL ��`:;[�J �ia ¢ 1/4 p - /io ae1ts&7/& eca'. ra & Aj are , j c�L %-t- WV_ 4velo recm�,.•� ENVIRO MENT L IMPACT (Anticipated changes to the water and related land resources, including una/voidable but detrimental effects) [ngees Dilly/ � .fOace, Ol"+l r4 OCZ is exla i0 e74,—1YK, area 4v,A In y 4 at a, 4wlgS aj�Pra� ALTERNATIVES (Other alternatives to the action proposed) t r % / J GI J'�t (, X& Ada d .�7QiiL(1L� cu i ll d tit' Jfdi it 71we R� I t?t(JQI %t .3 7r- 7sG�s Ow � LOT X II. I hereby make application pursuant to Minnesota Statutes Chapter 103G.245 and all supporting rules for a permit to work in or affect the above named protected water(s) in accordance with all supporting maps, plans, and other information submitted with this application. The information submitted and statements made concerning this application are true and correct to the best of my knowledge. STATE OF COUNTY OF �� Ae ✓?— ll_�_ Subscribed and sworn to before me this Sign re 0own or a gent Date Sin ure of Leasee Date ibution: -O�ay of /�7ft2CH- is..�..�......�..�..,..�.._..�.. ZZZ�7 White:ONR ELAINE J. ROESER Q� c'? Blue: SWCD My commission expires NOTARY PUgUC-M, NNESO '`! Green: Watershed District i ) CARVER COUNTY i 7593 enrod: City or County Signature of Notary Ex �� ' RECEIVED Pink: Army Corps of Engineers ��ILL�'L� ..�"•` ;�;,' "' �' anary: Applicant fi'7A —Al� 3 4 5 39 RIO°F °e, Christmas `°� HAND] i RD w N Inc v.ow.l o Lake a L�0h c�r o: COVI G TON.' 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W. 86001 w I fr 1 MUSAAA n • f ��. 1 s i 1 �� ' KNi9WA1 Wi9TER ELE lf7W ✓ S GAKE, AGGOROiN6 TD THE vol Z55,16 E.VT OF NATuRRG RESOdQCES r � FEET, N• 6.l!D- /9x9 �p 19D u�vey 00 nra��a� iy�°� \', WTI 1 Q `�: �� N 00 17 00 16 { �,3• .ti' \ 0 � � .� � `� oow t l I �=68°431 �";' 0. 15 , 0137° Noy p� V-1 It pZ'0z /13 A, 710. 10 CP s w I G 1 � 10.1 't `1v, 12 °ro% o" h °� ��-��s9�,�•, \�43.Oo / 19 0 _ 1,. 01 o o ��v/ '� N 68a "�` o<�� • 'N3°/O%2'iti�/ ^ ' , ' --1-~ '-------'--~--�-�-----^-~-----~~~~~^�-~~-~~~-�~�- | . � i | - 7� bi ........... . ...... .......... ............. . .... ......... x .7.71, 11, 7;-...- . .......... oa . ... ...... ... . . ...... ............ .. .. ........ . .... ...... ............................ i. The storage of watercraft, boat trailers, ice fishing houses, snowmobiles, motorized and nonmotorized vehicles (Except as permitted in Section 6.03 of this ordinance). J- 6.03. 16, 17, `18, a. b. c. rem e. f. MAR 1-93 RECEIVER Mooring seaplanes, in abutting waters of Lotus Lake (hereinafter "the lake"). Dockage Within Conservation Easement Area. Lots and 19, Block 1 shall be allowed one.dock for each lot. All docks must conform to City ordinances regulating dock construction.* Mooring of any watercraft must conform to City or- dinances and regulations. The dock on Lot 16 may be used by the owners of, Lots 10-16, Block 1. No more than'.seven (7.) boats may -use the dock and the owner of :any lot may not have more than one (1) boat .use the dock without the written consent of the City. Council... Boats may not be docked or moored on the north.side of the dock. G . •' x No dock shall exceed six (6) feet in width nor shall LO0 it exceed the greater of the following len/all (a) fifty (50) feet, or (b) the minimum st line distance necessary to reach a water d four (4) feet. The width (but not the len the cross -bar of any "T" or "L" shaped docbe included in the computation of length d in the preceding sentence. The cross -boa of any such dock shall not measure in excess o twenty-five.=" (25) feet in length, except on Lot 16 No dock shall be so.located as to: (a) obstruct the navigation of the lake, (b) obstruct reasonable use or access to any other dock, (c) present a poten- tial safety hazard. No fuel shall be stored upon any such dock. No more than five(5) watercraft may be moored over- night at any dock or in front of any lot. with.the exception of Lot 16, Block 1 where up to.seven (7) watercraft may be moored overnight. j,i -�� ,�.5 •i •_l is t �/ fi fy.•''1� J�.� ty _�.. 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'• � :�'r r _ •'v:,• • i 3� �{ - 3 mil. -,��. .ems. s:y�:•; I L DGRE11 BROS. CONSTRUCTION INC January 27, 1995 Roger Knutson, Esq. 935 E. Wayzata Blvd. Campbell, Knutson, Scott & Fuchs Wayzata 1380 Corporate Center Drive, Suite 317 Eagan, MN 55121 h9innesota 55391 (612)473-1231 Re: Outlot A, Trappers Pass at Near Mountain 2nd Addition Dear Roger: I am writing to you in your capacity as Chanhassen City Attorney. In 1986 we platted the subdivision named TRAPPERS PASS AT NEAR MOUNTAIN 2ND ADDITION. We were supposed to convey a trailway outlot to the City. A deed was prepared and executed, but it was never delivered. We discovered this omission this week. Enclosed is a new deed from us to the City for Outlot A, TRAPPERS PASS AT NEAR MOUNTAIN 2ND ADDITION. It is Torrens property. I assume that you will want to handle the recording. If you have any questions, please call me. Sincerely yours, LUNDGRENN BROS. CONSTRUCTION, INC. Y Hugh Maynard Vice President & General Counsel cc w/encl: Mike Pflaum Kate Aanenson JAN 3 01995 CITY OF CH01HASSLN LunDGREn BROS. CONSTRUCTION INC. March 11, 1992 . -ow Mr. Paul Krauss Chanhassen City Planner 935 E. Wayzata Blvd. 690 Coulter Drive Chanhassen, MN 55317 Wayzata Re: Declaration of Covenants for The Summit at Near Mountain Minnesota 55391 (612)473-1231 Dear Paul: Enclosed herewith is the Declaration of Covenants for subject subdi- vision. If either you or Roger Knutson have any questions regarding it, please contact me. Paul, I would appreciate it if you would have someone notify me of the dates when the City Council will review the Final Plat, Construc- tion Plans and Development Contract for this subdivision. There have been instances in the past--pre-Paul Krauss, I believe --when my only communj-cation from the City on these matters was a letter saying that they had been approved. I ask that the above advance notification be provided for the Wind - Ridge platting documents, as well. Many thanks. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. r� Michael A: Pflaum enclosure RECEIVED MAR 12 1992 CITY OF CHANHASSEt4 DECLARATION OF COVENANTS FOR THE SUMMIT AT NEAR MOUNTAIN A Residential Development In The City of Chanhassen, County of Carver, State of Minnesota THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD - HMM 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 Phone: (612) 335-1562 HMM\LBC\SUMMIT\D0C.T0C 3/10/92 L;�BLE OF CONTENTS Pacte RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . 1 DECLARATION. . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I - GENERAL DEFINITIONS . . . . . . . . . . . . . . 2 ARTICLE II - GENERAL COVENANTS AFFECTING ALL LOTS . . . . . . 3 Section 1. Residential Purposes . . . . . . . . . . . . 3 Section 2. Building Specifications . . . . . . . . . . . 4 Section 3. Setbacks . . . . . . . . . . . . . . . . . . 5 Section 4. Nuisance . . . . . . . . . . . . . . . . . . 5 Section 5. Prohibited Dwellings . . . . . . . . . . . . 5 Section 6. Windmills . . . . . . . . . . . . . . . . . . 5 Section 7. Antennas . . . . . . . . . . . . . . . . . . 5 Section 8. Animals . . . . . . . . . . . . . . . . . . . 6 Section 9. Driveways; Parking; Vehicles . . . . . . . . 6 Section 10. Rubbish . . . . . . . . . . . . . . . . . . . 7 Section 11. Signs . . . . . . . . . . . . . . . . . . . . 7 Section 12. Utility and Drainage Easements . . . . . . . 7 Section 13. Soil Removal . . . . . . . . . . . . . . . . 7 Section 14. Clothes Lines . . . . . . . . . . . . . . . . 7 Section 15. Rights of Developer and Home Builders . . . . 8 Section 16. Leases . . . . . . . . . . . . . . . . . . . 8 ARTICLE III - SPECIAL COVENANTS AFFECTING CERTAIN LOTS . . . 8 Section 1. Subdivision Entrance Improvements . . . . . . 8 Section 2. Vegetation Protection . . . . . . . . . . . . 10 L TABLE OF CONTENTS (cont'd) Page Section 3. Docks . . . . . . . . . . . . . . . . . . . . 12 Section 4. Retaining Walls . . . . . . . . . . . . . . . 12 Section 5. Disposition of Outlots . . . . . . . . . . . 14 ARTICLE IV - ARCHITECTURAL CONTROL . . . . . . . . . . . . . 15 Section 1. New Improvements . . . . . . . . . . . . . . 15 Section 2. Changed Improvements . . . . . . . . . . . . 16 Section 3. Committee Members . . . . . . . . . . . . . . 16 Section 4. Committee Chairman . . . . . . . . . . . . . 16 Section 5. Submission of Plans and Specifications . . . 17 Section 6. Review of Plans and Specifications 17 Section 7. Remedies Against Owners . . . . . . . . . . . 19 Section 8. Remedies Against Committee . . . . . . . . . 19 Section 9. Retention of Records . . . . . . . . . . . . 20 ARTICLE V - COMMON AREAS . . . . . . . . . . . . . . . . . . 20 ARTICLEVI - INSURANCE . . . . . . . . . . . . . . . . . . . 20 Section 1. Liability Insurance . . . . . . . . . . . . . 20 Section 2. Hazard Insurance . . . . . . . . . . . . . . 21 Section 3. Cost of Insurance . . . . . . . . . . . . . . 21 Section 4. First Mortgagees . . . . . . . . . . . . . . 21 Section 5. Additional Insurance . . . . . . . . . . . . 22 ARTICLE VII - INCORPORATION AND ACTIVATION OF THE ASSOCIATION 22 Section 1. Incorporation . . . . . . . . . . . . . . . . 22 Section 2. Activation . . . . . . . . . . . . . . . . . 23 Section 3. Default by Developer . . . . . . . . . . . . 23 - iii - TABLE OF CONTENTS Pacfe ARTICLE VIII - COVENANT FOR GENERAL AND SPECIAL ASSESSMENTS . 24 Section 1. Expenses Before Activation . . . . . . . . . 24 Section 2. Lien . . . . . . . . . . . . . . . . . . . . 24 Section 3. Personal Obligation . . . . . . . . . . . . . 25 Section 4. Purpose of General Assessments . . . . 25 Section 5. Maximum General Assessment . . . . . . 26 Section 6. Special Assessments for Capital Improvements 26 Section 7. Notice and Quorum for Certain Actions 27 Section 8. Uniform Rate of Assessment . . . . . . . . . 28 Section 9. Date of Commencement of General Assessments; Due Dates . . . . . . . . . . . . . . . . . . . . 28 Section 10. Effect of Nonpayment of Assessments; Remedies of the Association . . . . . . . . . . . . . . . 28 Section 11. Subordination of the Lien to Mortgages 28 Section 12. Certificate of Payment . . . . . . . . 29 ARTICLE IX - ADDITIONAL RIGHTS OF MORTGAGEES . . . . . . . . 29 Section 1. Notice of Meetings . . . . . . . . . . . . . 29 Section 2. No Suspension of Rights . . . . . . . . . . . 30 Section 3. Notice of Defaults . . . . . . . . . . . 30 Section 4. Copy of Budget . . . . . . . . . . . 30 ARTICLE X - GENERAL PROVISIONS . . . . . . . . . . . 31 Section 1. Enforcement . . . . . . . . . . . . . . . . 31 Section 2. Severability . . . . . . . . . . . . . . . 31 Section 3. Duration . . . . . . . . . . . . . . . . . . 31 Section 4. Amendment . . . . . . . . . . . . . . . . 32 - iv - TABLE OF CONTENTS Pacre Section 5. Notices . . . . . . . . . . . . . . . . . . . 32 Section 6. Captions . . . . . . . . . . . . . . . . . . 32 Section 7. Annexation . . . . . . . . . . . . . . . . . 32 - v - DECLARATION OF COVENANTS FOR THE SUMMIT AT NEAR MOUNTAIN THIS DECLARATION is made this day of , 1992, by the undersigned owner and mortgagee of all of the lots and outlots in THE SUMMIT AT NEAR MOUNTAIN, Carver County, Minnesota. RECITALS A. Lundgren Bros. Construction, Inc. is the fee owner of all of the lots and outlots in THE SUMMIT AT NEAR MOUNTAIN. Said lots are subject to a mortgage held by ` Said outlots are not subject to any mortgage. B. The lots and outlots in THE SUMMIT AT NEAR MOUNTAIN and the improvements on such land will require uniform and continuing covenants, conditions, restrictions, reservations and easements for the benefit and enjoyment of the present and future owners thereof. C. At this time, the owner and mortgagee desire to subject to this Declaration all of the "Active Development Area" defined below. In the future the owner(s) and mortgagee(s) of the "Future Development Area" defined below may (but need not) subject to this Declaration some or all of the Future Development Area. DECLARATION NOW, THEREFORE, the undersigned owner and mortgagee hereby declare that the Active Development Area is and shall be HMM\L8C\SL1MM1T\DECLARE.00V 3/10/92 transferred, held, sold, conveyed, occupied and developed subject to the following covenants, conditions, restrictions, reservations and easements which are for the purpose of protecting the value and desirability of said land and which shall run with said land and be binding upon all parties having any right, title or interest in said land or any part thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of each owner thereof: ARTICLE I GENERAL DEFINITIONS The following words, when used in this Declaration shall have the following meanings: a. "Active Development Area" means Blocks 1, 2, 3 and 4, THE SUMMIT AT NEAR MOUNTAIN, and such additions thereto as may be made pursuant to Article X, Section 7 of this Declaration. In other words, the Active Development Area consists of the Lots and the Common Areas that are or become subject to this Declaration. b. "Association" means the Minnesota nonprofit corporation to be incorporated by the Developer pursuant to Article VII of this Declaration. c. "Board" means the Board of Directors of the Association. d. "City" means the City of Chanhassen, a Minnesota municipal corporation. e. "Common Areas" means all real property owned by the Association for the common use and enjoyment of the Owners. No common Areas will be owned by the Association at the time of the conveyance of the first Lot. No common areas will be owned by the Association until the Association is incorporated and activated as provided in Article VII. f. "Developer" means Lundgren Bros. Construction, Inc., a Minnesota corporation, or its successors and assigns, if such successors or assigns should acquire a majority of the Lots owned by the Developer at the time of HNN\LBC\SUNMIT\DECLARE.COY 3/10/92 2 the acquisition, whether the acquisition is by sale, foreclosure of a mortgage, deed in lieu of foreclosure or otherwise. g. "Future Development Area" means Outlots E, F, G and H, THE SUMMIT AT NEAR MOUNTAIN, which is the land that may be annexed into the "Active Development Area" pursuant to Article X, Section 7 of this Declaration. h. "Lot" means each of the following platted lots: Lot 1, Block 1; Lots 1 through 6, Block 2; Lots 1 through 13, Block 3; and Lots 1 through 3, Block 4; all in THE SUMMIT AT NEAR MOUNTAIN, according to the plat thereof on file or of record in the office of the County Recorder in and for Carver County, Minnesota; and such additions thereto as may be annexed into the Active Development Area pursuant to Article X, Section 7 below. i. "Member" shall mean an Owner in his capacity as a member of the Association as provided in Article VII. j. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot except that, where a Lot is being sold on a contract for deed and the contract vendee is in possession of the Lot, then the vendee and not the vendor shall be deemed to be the "Owner." ARTICLE II GENERAL COVENANTS AFFECTING ALL LOTS Section 1. Residential Purposes. Each Lot shall be used only for a single family detached house and other Residential Improvements (as defined in Article IV, Section 1 of this Declaration). No Lot may be used for licensed or unlicensed residential care facilities, licensed or unlicensed day care facilities, public or private schools, or commercial agriculture; even if such uses may be permitted by applicable zoning ordinances. No Lot may be used for any commercial purpose, except that Lots or portions of Lots may be used by the Developer H9K\LBC\S"1T\DECLARE.00V 3/10/92 3 and other professional home builders pursuant to Article II, Section 15 of this Declaration and by Lot owners for home occupations that are permitted by the applicable zoning ordinances and not prohibited by the preceding sentence. Section 2. Building Specifications. a. Height. No dwelling shall be erected, altered or placed on a Lot or permitted to remain there other than one detached single-family house not to exceed two stories in height, as measured from grade. If the house includes a walk -out basement, the basement shall not be counted as a story. b. Garages. Each house shall have one or more attached fully -enclosed garages, but no carports or detached garages. There may be garage space for any number of cars, but from the street in front of the house it must appear that there is garage space for no more than three cars. Example j1: one double garage door facing the street and one single garage door on the side of the house but visible from the street. Example #2: Three single garage doors facing the street and one single garage door facing the rear of the house but not visible from the street. c. Storage Structures. Attached or detached struc- tures for storage purposes are permitted, but any storage structure large enough to hold an automobile shall be con- sidered a garage, whether or not it is used as a garage. Each storage structure on a Lot shall be of the same color, design and quality of construction as the house on the Lot. d. Completion. Each house or other structure con- structed or placed on a Lot shall be completely finished on the exterior thereof within nine months after commencement of construction. e. Floor Areas. If the house has one story, excluding any walkout basement, the first floor area shall be at least 1,400 square feet. If the house has two stories, excluding any walkout basement, the first floor area shall be at least 1,000 square feet and the total area of the first and second floor shall be at least 1,800 square feet. The first floor area described in the preceding two sentences shall be exclusive of breezeways, open porches and garages. If a house is a split-level house, then the first two levels higher than the basement shall be considered to be the first story and the next two higher levels shall be considered to be the second story. HMM\LBC\S"1T\DECLARE.COV 3/10/92 4 b Section 3. setbacks. Building setbacks from all Lot lines shall comply with city ordinances, as modified by any applicable planned unit development special use permit. Section 4. Nuisance. No noxious or offensive trade or activity shall be conducted upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to any other Lot. Section 5. Prohibited Dwellings. No structure of a tempor- ary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time (either temporarily or permanently) as a dwelling. Section 6. Windmills. No ornamental, operational or other windmill shall be constructed, erected, installed, placed or used on any Lot at any time. Section 7. Antennas. No exterior antenna, aerial, tower, wire, line, cable, dish or other device for transmitting or receiving radio, television, microwave, laser or other electro- magnetic signals ("antenna") shall be constructed, erected, installed, placed or used on any Lot without the written permission of the Architectural Control Committee. The Architectural Control Committee shall deny permission if the antenna is visible from any public street adjoining the Lot and may deny permission if it determines, in its sole discretion, that the antenna would be offensive to the sight, taking into account the visibility of the antenna during all seasons of the HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 5 year from other Lots in the Active Development Area and lots in adjoining subdivisions. Any fence, wall or other structure intended to shield an exterior antenna from sight shall be sub- ject to review by the Architectural Control Committee. Section 8. Animals. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial pur- poses. The total number of dogs and cats kept on a Lot at any one time shall not exceed three (3). Section 9. Driveways: Parking; Vehicles. .All driveways and parking areas constructed on any Lot shall be paved with an asphalt, brick, concrete or bituminous surface. Operable automo- biles may be kept, stored or parked only on paved driveways, on paved parking areas, or in enclosed garages. Other vehicles shall be kept, stored or parked only in enclosed garages. "Other vehicles" means all motorized and all non -motorized vehicles except operable automobiles, including (without limitation) the following: automobiles that are inoperable, trucks, buses, vans, recreational vehicles, all -terrain vehicles, ambulances, hearses, motorcycles, motorbikes, bicycles, snowmobiles, jet skis, canoes, boats and other watercraft, aircraft, house trailers, camping trailers, other trailers, lawn mowers, lawn tractors, over -the - road tractors, and other tractors. Notwithstanding the foregoing prohibition, guests of the owner of a Lot visiting for less than HMM\LBC\S"IT\DECLARE.COV 3/10/92 6 15 days in any 30 day period may park their vehicles on unenclosed paved areas of the Lot. Section 10. Rubbish. No Lot shall be used or maintained as a dumping ground for rubbish, except during construction of sub- division improvements and houses. Trash, garbage and other waste shall be kept in sanitary containers. Section 11. Signs. No sign of any kind shall be displayed to the public view on any Lot except as follows: a. one sign no larger than 6 square feet in area may be placed on each Lot advertising the Lot for sale, unless the Lot is a corner Lot, in which case one such sign for each side of street frontage is permitted. b. During the initial construction and sales period of the Lots, one additional sign no larger than 6 square feet in area may be placed on any Lot containing a model home. Section 12. Utility and Drainage Easements. Easements for installation and maintenance of utilities and drainage are reserved as shown on the recorded plat(s) of the Active Development Area. Section 13. Soil Removal. No sod, soil, sand or gravel shall be sold or removed from any Lot, except for the purpose of excavating for the construction or alteration of a house on the Lot or appurtenances thereto, or for the proper grading thereof, or for road improvements. Section 14. Clothes Lines. No exterior clothes line, clothes rack, or other device for drying or hanging clothing or other laundry shall be constructed, erected, installed, placed or used on any Lot at any time. HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 7 Section 15. Rights of Developer and Home Builders. Until the last Lot is sold and conveyed to an owner other than Developer or a professional home.builder, the following actions by said persons will not be deemed violations of the foregoing restrictions: a. The use of a house for model and sales office purposes; b. The storage of equipment, materials and earth during the construction of new houses; and C. The display of signs of any legal size advertising Lots or houses to be built on Lots. Section 16. Leases. Any lease between an Owner and a tenant: (i) shall be in writing; (ii) shall provide that the terms of the lease are subject in all respects to the provisions of this Declaration and to the provisions of the articles of incorporation, by-laws and rules and regulations of the Association; and (iii) shall provide that failure by the tenant to comply with the terms of such documents shall be a default under the lease. ARTICLE III SPECIAL COVENANTS AFFECTING CERTAIN LOTS Section 1. Subdivision Entrance Improvements. a. Special Definitions. The following special definitions shall apply to this Article III, Section 1: "Subdivision Entrance Improvements" means monuments, signs, walls, fences, landscaping (vegetation and structures), lighting, sprinkler systems, utility lines and related improvements at the entrances to the Active Development Area. HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 8 "Entrance Lots" means Lot 1, Block 1 and Lot 6, Block 2, THE SUMMIT AT NEAR MOUNTAIN. The Developer may designate additional Entrance Lots upon the annexation of land pursuant to Article X, Section 7 below. "Monument Easement Area" means an area in a corner of each Entrance Lot that shall be more precisely defined as follows: (1) If the Developer elects to build any Subdivision Entrance Improvements on any Entrance Lot, then, in the deed from the Developer to the next owner of the Entrance Lot, the Developer shall reserve in favor of itself and the Association an easement over a specific Monument Easement Area legally described in the deed. (2) Each Monument Easement Area shall include sufficient space for the Subdivision Entrance Improvements together with access thereto and underground utilities. b. Rights of the Developer. The Developer hereby reserves easements in favor of itself to install, operate, maintain, repair and replace Subdivision Entrance Improvements in the Monument Easement Areas on the Entrance Lots. The Developer shall have the right, but not the obligation, to install Subdivision Entrance Improvements within each Monument Easement Area. If the Developer does install any Subdivision Entrance Improvements, the Developer shall have the right and the obligation to operate, maintain, repair and replace them. The Developer shall not have the right to remove Subdivision Entrance Improvements without replacing them. Said easements shall be nonexclusive, perpetual, irrevocable, assignable, commercial easements in gross in favor of the Developer, its successors and assigns. HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 9 C. Rights of the Association. When the Association is activated pursuant to Article VII, the Developer shall promptly assign to the Association all of the Developer's rights and obligations under this Article III, Section 1. However, the Association shall have the right to remove any Subdivision Entrance Improvements without replacing them, but only when the Developer no longer owns any Lot. d. Maintenance Requirements. (1) Maintenance of vegetation shall include (without limitation) watering, fertilizing, weeding, cutting, trimming and raking the lawn, trimming and pruning trees and shrubs, removing all debris, including dead wood, leaves, grass and litter, and replacement of diseased or dead trees and shrubs. (2) Maintenance of a sprinkler system shall include, without limitation, preventing the freezing of any pipes in the system by draining the pipes each autumn. (3) Maintenance of every other Subdivision Entrance Improvement shall include whatever is necessary to keep it in good operating order and good appearance. Section 2. Vegetation Protection. a. Special Definitions. The following special definitions shall apply to this Article III, Section 2: "Vegetation Protection Zone No. 1" means that part of Lot 1, Block 4, THE SUMMIT AT NEAR MOUNTAIN, which lies northerly of the following described line: Beginning at a point on the westerly line of said Lot 1, distant 385.00 feet southerly of the northwest corner of said Lot 1; thence easterly to a point on the easterly line of said Lot 1, distant 400.00 feet southerly of the northeast corner of said Lot 1, and said line there terminating. HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 10 "Vegetation Protection Zone No. 2" means that part of Lot 2, Block 4, THE SUMMIT AT NEAR MOUNTAIN, which lies northerly of the following described line: Beginning at a point on the westerly line of said Lot 2, distant 400.00 feet southerly of the northwest corner of said Lot 2; thence easterly to a point on the southeasterly line of said Lot 2, distant 470.00 feet southwesterly of the northeast corner of said Lot 2, and said line there terminating. "Vegetation Protection Zone No. 3" means that part of Lot 3, Block 4, THE SUMMIT AT NEAR MOUNTAIN, which lies northeasterly of the following described line: Beginning at a point on the northwesterly line of said Lot 3, distant 470.00 feet southwesterly of the most northerly corner of said Lot 3; thence southeasterly to a point on the southeasterly line of said Lot 3, distant 65.00 feet southwesterly of the most easterly corner of said Lot 3, and said line there terminating. "Vegetation Access Lane No. 111 means the drainage and utility easements shown and dedicated in the plat of THE SUMMIT AT NEAR MOUNTAIN in Lot 1, Block 4. "Vegetation Access Lane No. 2" means the drainage and utility easements shown and dedicated in the plat of THE SUMMIT AT NEAR MOUNTAIN in Lot 2, Block 4. "Vegetation Access Lane No. 3" means the drainage and utility easements shown and dedicated in the plat of THE SUMMIT AT NEAR MOUNTAIN in Lot 3, Block 4. The Developer may designate additional Vegetation Protection Zones and additional Vegetation Access Lanes upon the annexation of land pursuant to Article X, Section 7. b. Restrictions. The following activities are prohibited in perpetuity anywhere within any of the Vegetation Protection Zones: (1) Cutting, removing, or altering trees or other vegetation; (2) Excavating or filling; HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 11 (3) Application of fertilizers, whether natural or chemical; (4) Application of chemicals for the destruction or retardation of vegetation; (5) Deposit of waste or debris; (6) Application of herbicides, pesticides and insecticides; (7) Outside storage of any kind; and (8) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. C. Rights of Access. The City, the Association and the Developer shall have the right to enter each Vegetation Protection Zone over its respective Access Lane for the purpose of inspecting and enforcing the restrictions of this Article III, Section 2. Each Lot Owner shall have the right of access only to those portions of the Vegetation Protection Zone that is within the Owner's Lot. The public shall have no right of access to the Vegetation Protection Zones. d. Beneficiaries. The foregoing restrictions are for the benefit of the City, the Association and the Developer and may be enforced at law or in equity by any one or more of them. The foregoing restrictions may be revised by amending this Declaration, but they shall not be made less restrictive without the written approval of the City Council. Section 3. Docks. No docks shall be erected or installed in Silver Lake without the issuance of a Wetland Alteration Permit by the City. This restriction applies to Lots 1, 2 and 3, HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 12 Block 4 and Outlot H, THE SUMMIT AT NEAR MOUNTAIN, and any replat of said Outlot H. Section 4. Retaining Walls. a. Special Definitions. The following definitions apply to this Article III, Section 4: "Roadway Retaining Wall" means a retaining wall built along a public roadway (Oxbow Bend or Summit Circle). "Driveway Retaining Wall" means a retaining wall built along a private driveway. "Lawn Retaining Wall" means any retaining wall other than a Roadway Retaining Wall or a Driveway Retaining Wall. "Retaining Wall Easement Areas" means those portions of each Lot that are within 20 horizontal feet of the right-of-way line of the public roads named "Oxbow Bend" and "Summit Circle" as shown on the plat of THE SUMMIT AT NEAR MOUNTAIN. b. Rights of the Developer. The Developer hereby reserves easements giving it the right, but not the obligation, to install Roadway Retaining Walls within each Retaining Wall Area. If the Developer does install any Roadway Retaining Wall, the Developer shall have the right and the obligation to maintain, repair and replace the Roadway Retaining Wall and to mow and maintain the boulevard between the base of the Roadway Retaining Wall and the curb of the adjoining public road. The Developer shall not have the right to remove any Roadway Retaining Wall without replacing it. Said easements shall be nonexclusive, perpetual, irrevocable, assignable, commercial easements in gross for the benefit of the Developer, its successors and assigns. C. Rights of the Association. When the Association is activated pursuant to Article VII, the Developer shall promptly HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 13 assign to the Association all of the Developer's rights and obligations under this Article III, Section 4. d. Obligations of _Lot Owners. The Owner(s) of each Lot containing any Retaining Wall shall have the following obligations: a. To establish and maintain ground covering vegetation on top of all Roadway Retaining Walls on the Lot; and b. To maintain, repair and replace all Driveway Retaining Walls and Lawn Retaining Walls on the Lot. Section 5. Disposition of Outlots. The Outlots in THE SUMMIT AT NEAR MOUNTAIN shall be disposed of as follows: a. Outlot A shall be deeded from the Developer to the City for use as a public trail corridor. The Developer does not represent that Outlot A will be improved with a trail or any other improvements. b. Outlot B shall be deeded from the Developer to the City for use as a public trail corridor and as a public safety and emergency equipment access lane. The Developer does not represent that Outlot B will be improved with a trail or any other improvements. C. Outlot C shall be deeded from the Developer to the City for use as public parkland. The Developer does not represent that Outlot C will be improved with park facilities or any other improvements. In addition to such restrictions as the City of Chanhassen may impose on Outlot C as owner of Outlot C, by ordinance or otherwise, the following restrictions shall apply to and within Outlot C and shall be included in the deed from the Developer to the City: (1) No motor vehicles or trailer vehicles shall be used, except municipal vehicles being used in the maintenance of the land and its vegetation and emergency vehicles. (2) No building, shelter, gazebo, kiosk, antenna, windmill, tower or other structure shall be built or installed. HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 14 (3) There shall be no fishing, swimming, sunbathing, picnicking or partying within 100 feet of the shore of Silver Lake. (4) No dock shall be built or installed into Silver Lake. (5) No watercraft shall be launched into Silver Lake, except emergency vehicles. (6) No pavement, trailway or boardwalk more than 8 feet wide shall be built or installed. (7) No roadway or parking area (whether paved or unpaved) shall be cleared, graded, built, installed, developed, maintained, or allowed to exist. (8) No wetlands shall be drained, filled or altered. (9) No debris, refuse, trash, garbage, compost, waste, used petroleum products, or hazardous substances shall be deposited. d. Outlot D shall be deeded from the Developer to the owner of the private driveway adjoining Outlot D to the southeast for widening of the driveway leading to Iroquois Avenue. e. outlots E, F, G and H comprise the Future Development Area and have been reserved by the Developer for future development with single family home lots. The Developer does not warrant that it will develop said Outlots. ARTICLE IV ARCHITECTURAL CONTROL Section 1. New Improvements. No Residential Improvement shall be commenced upon any Lot by anyone except the Developer without the prior written approval by the Architectural Control Committee ("Committee") of the person who will actually perform the proposed work and of the plans and specifications for the work. Without any approvals from the Committee, the Developer may perform work upon any Lot owned by the Developer or owned by HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 15 a person who has hired the Developer to perform the work. "Residential Improvement" shall mean the clearing of some or all of the trees from the Lot, the grading of the Lot, or the construction, erection or installation any structure, including (without limitation) the following structures: any house, garage, shed or other building; any porch, deck or balcony; any fence, wall or gate; any mailbox, newspaper box, or light post; any exterior antenna (as defined in Article II, Section 7); any retaining wall, terrace or other landscaping structure; any patio, driveway or parking area; any tennis court; and any swimming pool (whether above ground or below ground). The planting of trees, shrubs and other plants shall not be deemed Residential Improvements. Section 2. Changed Improvements. The exterior color, style, and materials of any structure on a Lot shall not be changed by anyone except the Developer without the prior written approval by the Committee of the person who will actually perform the proposed work and of the plans and specifications for the work. Section 3. Committee Members. The Committee shall consist of three individuals appointed by Developer until the date the Developer no longer owns any Lot. Thereafter the Committee shall consist of three individuals appointed by the Board of Directors of the Association. Section 4. Committee Chairman. The Committee shall appoint one of its members to be its chairman. The chairman shall call HMM\LBC\5UMM1T\DECLARE.COV 3/10/92 16 meetings of the Committee. A quorum of the Committee shall con- sist of two of its members. The Committee may act upon the vote or written consent of any two of.its members. The chairman of the Committee is authorized to execute certificates of approval, notices of disapproval and similar instruments effectuating deci- sions of the Committee. Section 5. Submission of Plans and Specifications. At least fourteen (14) days before work on a Lot is commenced, the Owner of the Lot shall submit to the Committee one complete set of plans and specifications (including, without limitation, full site plans, grading and drainage plans, building elevations, roof pitches, exterior colors and materials), along with the name of the builder who will actually perform the proposed work. Section 6. Review of Plans and Specifications. Within fourteen (14) days after receipt of plans and specifications and the name of the builder, the Committee shall approve or dis- approve them in writing. The Committee's approval of plans and specifications shall not constitute any representation, warranty or assurance that they comply with applicable municipal codes and ordinances. The Committee may disapprove -a home builder if the Committee determines, in its sole discretion, that the home builder does not meet the Committee's standards of credit worthi- ness and/or does not usually build homes of the same quality and in the same price range as the Developer. The Committee may disapprove a builder of any other Residential Improvements if the Committee determines, in its sole discretion, that the builder is HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 17 not a highly qualified builder of the proposed Residential Improvement. The Committee may disapprove plans and specifications only for one or more of the following reasons: a. ?don -Compliance. Non-compliance with this Declar- ation, municipal ordinances or other governmental regulations. b. Incompatibility With the Lot. Failure of the proposed Residential Improvement to be compatible with the Lot upon which it is to be built, in terms of topography, soils and existing vegetation. C. Incompatibility With the Active Development Area. Failure of the proposed Residential Improvement to be com- patible with the houses and other structures in the Burdened Active Development Area built or to be built by the Developer or already built by anyone, in terms of style, general size, height, and width, quality of construction, price range and obstruction of views. d. Incompatibility With Other Subdivisions. Failure of the proposed Residential Improvement to be compatible with the houses and other structures built or to be built by Developer in the following subdivisions in Carver County, Minnesota: SWEETWATER AT NEAR MOUNTAIN SWEETWATER AT NEAR MOUNTAIN 2ND ADDITION SWEETWATER AT NEAR MOUNTAIN 3RD ADDITION SWEETWATER AT NEAR MOUNTAIN 4TH ADDITION TRAPPERS PASS AT NEAR MOUNTAIN 4TH ADDITION in terms of style, general size, height and width, quality of construction, price range and obstruction of views. e. Inadequate Information. Failure of the plans and specifications to show all information necessary to evaluate the foregoing characteristics. The Committee's determinations concerning the builder and plans and specifications shall be conclusive. If the Committee disap- proves the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case HMM%LBC\SUMMIT%DECLARE.00V 3/10/92 18 of the plans and specifications, the deficiencies which must be cured to obtain approval. Section 7. remedies Against Owners. If any work is commenced without the Committee's approval of the builder and/or approval of the plans and specifications, or if any work is completed not in accordance with approved plans and specifications, any Owner of a Lot may bring an action to enjoin further work and to compel the owner to conform the work with plans and specifications approved by the Committee. Any such action must be commenced and a notice of lis pendens must be filed within ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority, in the case of a house, or within ninety (90) days after the date of completion, in the case of any other work. Section 8. Remedies Against Committee. In the event that the Committee and/or the members of the Committee shall fail to discharge their respective obligations under this Article IV, then any Owner of a Lot may bring an action to compel the discharge of said obligations. Any such action must be commenced within ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority, in the case of a house, or within ninety (90) days after the date of completion, in the case of any other work. Such an action shall be the exclusive remedy of any Owner of a Lot for failure of the Committee and/or its members to discharge such.obligations. Under no circumstances shall Developer, the Committee or members HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 19 of the Committee be liable to any person for damages (direct, consequential or otherwise). Section 9. Retention of Records. The Committee shall retain, for a period of three (3) years, all plans and specifi- cations submitted to it and a record of all actions taken with regard to them. ARTICLE V COMMON AREAS The only Common Areas shall be the easement areas in which the Association shall (upon activation of the Association) hold easement rights under Article III of this Declaration. The easements in favor of the Association shall allow the Association to do certain things in the easement areas through the Association's officers, employees and agents. The Association's easement rights shall not confer upon Lot Owners or occupants any usage rights or other rights inrthe Common Areas. ARTICLE VI INSURANCE Section 1. Liability Insurance. The Association shall keep in force at all times a comprehensive policy of general liability (CGL) insurance covering all real property and all personal property owned, maintained or managed by the Association. The policy must provide coverage of at least $1,000,000 for bodily injury and property damage for any single occurrence. The policy must contain a severability of interest clause or an endorsement which shall preclude the insurer from denying the claim of an HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 20 Owner because of negligent acts of the Association or other Owners. Section 2. Hazard Insurance. The Association shall procure "all-risk" fire and extended coverage insurance on all insurable real property and personal property owned by the Association. The insurance shall be on a current replacement cost basis in an amount not less than 100% of the insurable value (based on current replacement cost). The proceeds of such hazard insurance shall be used solely for the repair, replacement or reconstruction of such insurable common property, including insured improvements. Any deductible for such coverage shall not exceed the lower of $10,000 or one percent (1%) of the applicable amount of coverage. The Association shall maintain funds for all such deductibles in its reserves and shall designate such funds for that purpose only. Section 3. Cost of Insurance. The cost of such liability and hazard insurance shall be assessed as provided in Article VIII below. Section 4. First Mortgagees. First mortgagees of Lots, jointly or singly, may pay overdue premiums on insurance policies, or may secure new insurance coverage upon the lapse of a policy, for the common property. First mortgagees making such payments shall be owed immediate reimbursement from the Association. The Association is authorized to enter into an agreement in favor of all first mortgagees of Lots establishing entitlement to such reimbursement. NMM\LBC\SUMMIT\DECLARE.COV 3/10/92 21 Section 5. Additional Insurance. The Association shall at all times maintain any additional coverage commonly required by private mortgage investors for developments similar to the Active Development Area in terms of construction, location and use. ARTICLE VII INCORPORATION AND ACTIVATION OF THE ASSOCIATION Section 1. Incorporation. No later than the earlier of December 31, 1996 or the date the Developer no longer owns any lot, the Developer shall incorporate the Association as follows: a. The Association shall be incorporated as a Minnesota nonprofit corporation in full compliance with all applicable statutes and regulations. b. The name of the Association shall be "THE SUMMIT AT NEAR MOUNTAIN Homeowners Association, Inc.", if that name is available at the time of incorporation; otherwise the Developer may choose a name in its discretion. C. The articles, by-laws and other organizational documents of the Association shall comply with the prevailing standards for homeowners associations for single family subdivisions in the Minneapolis -St. Paul Standard Metropolitan Statistical Area as of the date of incorporation. d. Each and every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. e. The Association shall have only one class of membership. Members shall be entitled to one vote for each Lot owned, shall have the right to attend membership meetings and Board meetings, and shall be subject to assessments and liens pursuant to Article VIII of this Declaration. f. When more than one person owns any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Upon becoming an Owner, each Owner shall register his address with the Secretary of the Association and, if a Lot is owned by multiple Owners, they shall at that time register with the HMM\LBC\SL WIT\DECLARE.COV 3/10/92 22 Secretary their written agreement as to how they will share their votes among themselves and how they shall resolve any voting conflicts among themselves. Such a voting agreement may be amended at any time by registering with the Secretary a written amendment thereto -executed by all Owners of the Lot. Section-2. Activation. At any time after a majority of the Lots in the Active Development Area has been sold by the Developer, the Developer may activate the Association. The Developer shall activate the Association no later than the earlier of December 31, 1996 or the date the Developer no longer owns any Lot. To activate the Association, the Developer shall do the following: a. Incorporate the Association as provided in Article VII, Section 1; b. Execute and record an assignment of easement rights pursuant to Article III from the Developer to the Association and the Association shall accept such assignment without the need for the Association to execute any instrument of acceptance; C. Mail written notice to all Lot Owners and occupants at the addresses of the Lots, announcing that the Association has been incorporated and calling an organizational meeting of the Association; d. Conduct an organizational meeting of the Association, at which the Members shall elect a board of directors and the board of directors shall elect officers for the Association, adopt by-laws, and adopt a banking resolution. A quorum for the organizational meeting shall be Members owning at least five (5) Lots. Section 3. Default by Developer. If the Developer fails to incorporate and activate the Association as required by this Article VII within 30 days after written demand by any Owner or group of Owners, any Owner or group of Owners may incorporate and activate the Association. HMN\LBC\S1"IT\DECLARE.00V 3/10/92 23 ARTICLE VIII COVENANT FOR GENERAL AND SPECIAL ASSESSMENTS Section 1. Expenses Before Activation. Until the Association is activated, the Developer shall bear all expenses that would otherwise be expenses of the Association, such as the expenses of maintaining Subdivision Entrance Improvements and related landscaping. No Owner and no Lot shall be subject to assessment and lien for any such expenses incurred before the Association has been activated. Section 2. Lien. The Developer, for each Lot, hereby covenants, and each subsequent Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) general assessments or charges, and (2) special assessments for capital improvements or capital equipment to be owned by the Association; such assessments to be established and collected as hereinafter provided. The general and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge upon each Lot and shall be a continuing lien upon each Lot. General assessments shall become a lien upon each Lot on the first day of January of the year in which such assessment is due and payable. Special assessments shall become a lien on the earliest date any part of the same is due and payable. General assessments shall be due and payable in four equal quarterly installments on the first day of each calendar quarter, beginning on the first day of January. Special HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 24 assessments shall be due and payable in a lump sum or in installments as determined by the Board. Section 3. Personal Obligation. Each installment of a general or special assessment together with interest, costs, and reasonable attorneys' fees, shall be the personal obligation of the person who was the Owner of such Lot at the time when the installment fell due. The personal obligation for delinquent installments shall not pass to the Owner's successors in title unless expressly assumed by them. Sale or transfer of any Lot shall not affect the assessment lien, except as provided in Section it of this Article. Section 4. Purpose of General Assessments. General assessments shall be imposed for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Lots and for the improvement and maintenance of the Subdivision Entrance Improvements and Pond Equipment situated upon those easement areas which are designated as Common Areas, and may include (but not be limited to) payment by the Association for the following items: (a) Utility services; (b) Taxes and special assessments against the Association's property, if any; (c) Income and other taxes levied or assessed against or charged to the Association, if any; (d) Premiums for liability and other insurance carried by the Association, the deductible amount not covered by such insurance and the additional amounts deposited by the Association or its Board to repair or restore improvements on the Common Areas; HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 25 (e) Repair, replacement, construction, reconstruction, alterations, maintenance, snow removal, and additions to personal property and improvements owned by the Association; (f) The cost of labor, equipment, and materials for all work done by or for the Association; and (g) Reasonable fees for management and supervision of the Common Areas. Adequate reserve funds funded from general assessments and not from special assessments, shall be maintained for (1) maintenance, repair and replacement of Subdivision Entrance Improvements, Pond Equipment and all other structures and equipment on Common Areas which must be replaced on a periodic basis; and (2) for contingencies, emergencies and working capital needs. Section 5. Maximum General Assessment. Each year after the first full fiscal year of the Association, the Board of Directors may increase the annual general assessment in an amount not to exceed the greater of: (i) five percent (5%) of the previous year's general assessment; or (ii) the percentage increase in the most recently published U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, Urban Wage Earners and Clerical Workers, Minneapolis -Saint Paul Index, All Items, compared to the same index published twelve months earlier. Any increase in excess of this amount shall require the approval of a simple majority of the votes of all classes of members who are voting in person or by proxy at a meeting called for this purpose. Section 6. Special Assessments for Capital Improvements. In addition to the general assessments authorized above, the HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 26 Association may levy special assessments, payable in installments extending up to five years, for the purpose of defraying, in whole or in part, the cost (not covered by reserves) of any construction, reconstruction, repair or replacement of: (i) Subdivision Entrance Improvements; (ii) Pond Equipment; and Other improvements upon the Common Areas, including fixtures and personal property related thereto; provided that any such assessment shall have the assent of a simple majority of the votes of all classes of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 7. Notice and Quorum for Certain Actions. Written notice of any meeting called for the purpose of taking any action authorized under Section 5 or 6 of this Article shall be sent to all Members not less than 30 days nor more than 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 all classes of members shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be thirty percent (30%) of the votes of all classes of members. No such subsequent meeting shall be held later than 60 days after the preceding meeting. HHH\LBC\SUHMIT\DECLARE.00V 3/10/92 27 Section S. Uniform Rate of Assessment. Both general and special assessments shall be fixed at a uniform rate for all Lots that are subject to assessment. Section 9. Date of Commencement of General Assessments; Due Dates. The Board shall fix the amount of the general assessment provided for herein against each Lot at least fifteen (15) days in advance of each assessment. The initial general assessment period shall commence as to all Lots the first day of the month following the recording of this Declaration and run through and including the next succeeding December 31. Each succeeding general assessment period shall be a calendar year. Written notice of the general assessment shall be sent to every Owner subject to assessment. Section 10. Effect of Nonpayment of Assessments; Remedies of the Association. Any installment of an assessment not paid within fifteen (15) days after its due date shall bear interest from the due date at the rate of eight percent.(8%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose by action the lien against the Lot in the same manner as a real estate mortgage may be foreclosed. No Owner may waive or otherwise escape liability for assessments by non-use of the Common Area or abandonment of the Owner's Lot. Section 11. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. While the transfer of any Lot HMM\LBC\SUMMiT\DECLARE.COV 3/10/92 2 8 generally does not affect the assessment lien, the foreclosure of any such mortgage or any proceeding in lieu thereof or deed in lieu of foreclosure, shall extinguish the lien of such assessments as to payments which became due prior to such foreclosure or proceeding in lieu thereof or which become due during any period of redemption and, if the assessments for which the liens were extinguished cannot be collected in an action against the person personally obligated to pay them, the Association shall bear such assessment as a common cost. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 12. Certificate of Payment. The Association shall, upon demand and free of charge, furnish a certificate signed by an officer of the Association setting forth whether the assess- ments on a specified Lot have been paid in full and, if not paid in full, stating which assessments are unpaid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the Association as of the date of its issuance. ARTICLE I% ADDITIONAL RIGHTS OF MORTGAGEES Section 1. Notice of Meetings. The holder of a mortgage of record against any Lot, upon written notice to the Association advising it of such mortgage interest and its mailing address, shall be given written notice by the Association of all regular and special meetings of the members and of the Board of Directors HMM\LBC\S"1T\DECLARE.COV 3/10/92 29 of the Association; but failure to give such notice to any or all such mortgagees shall not invalidate or affect, in any way, such meeting, if otherwise duly called and held. Section 2. No Suspension of Rights. Any voting rights which are suspended as to any Owner and that Owner's employees, licensees, invitees, tenants and guests, pursuant to this Declaration, or pursuant to the By -Laws of the Association, shall not be suspended as to any mortgagee or other person who becomes an Owner by virtue of mortgage foreclosure or by any transfer of title in lieu of foreclosure, because of any default or failure of the prior Owner. Section 3. Notice of Defaults. The holder of any mortgage of record against any Lot, upon written request given by the holder of such mortgage to the Association advising the Association of such mortgage interest and its mailing address, shall be given written notice by the Association of all defaults of the Owner of the Lot upon which such mortgage is a lien, then or thereafter existing, in fulfilling his obligations under this Declaration or the By -Laws of the Association; but the defaults set out in such notice shall not be conclusive on the Association, and the Association shall have the right to enforce all claims against such Owner for all defaults of such Owner whether or not notice thereof is given to the holder of such mortgage. Section 4. Copy of Budget. The holder of any mortgage of record against any Lot, upon written request given by the holder HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 3 0 of such mortgage to the Association advising the Association of such mortgage interest and its mailing address, shall be sent a copy of the proposed annual budget of the Association at least fifteen (15) days prior to the meeting at which such proposed annual budget is to be considered, and the holder of such . mortgage shall be entitled to raise objections to and comments upon such proposed annual budget at such meeting or otherwise; but failure to send such copy to any or all such mortgagees shall not invalidate or affect, in any way, such proposed annual budget or any action taken with respect thereto, nor shall any objection or comments by any such mortgagees with respect to such proposed annual budget be binding upon the Association. ARTICLE % GENERAL PROVISIONS Section 1. Enforcement. The Developer, Association, or any Owner or any mortgagee of record, shall have the right to enforce this Declaration by proceedings at law or in equity. Failure by any person or governmental authority to enforce any provision of this Declaration shall not be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any provision of this Declaration by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Duration. This Declaration shall run with and bind the Lots and the Common Areas for a term of thirty (30) HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 3 1 years from the date this Declaration is recorded, after which time this Declaration shall be automatically renewed for successive periods of ten (10) years each. Section 4. Amendment. This Declaration may be amended by an instrument signed by the Owners owning at least 75% of the Lots and by the holders of first mortgages on at least 75% of the Lots. Article III, Sections 2 and 3 shall not be amended without the written consent of the City Council of the City of Chanhassen. Each amendment must be recorded with the Carver County Recorder. Section 5. Notices. Any notice required to be sent to any Owner/Member under the provision of this Declaration shall be deemed to have been properly sent when mailed postage prepaid to the last known address of the person who appears as Owner/Member in the records of the Association at the time of such mailing and to the occupant of the address of the Owner/Member's Lot, if it is a different address. Section 6. Car)tions. The title of this instrument and the captions of the articles, sections and subsections hereof are for convenience of reference only. Section 7. Annexation. Additional Lots and Common Areas within the Future Development Area may be annexed into the Active Development Area by the Developer, without the consent of any other Owners, at any time and from time to time before December 31, 1996. Additional Lots and Common Areas anywhere may be annexed into the Active Development Area by the Developer with HKH\LBC\SLW1 T\DECLARE.COV 3/10/92 32 the consent of 75% of each class of Members at any time and from time to time. Such annexations shall be accomplished by means of one or more supplemental declarations executed by the Developer and recorded with the Carver County Recorder. IN WITNESS WHEREOF, the undersigned owners and mortgagees have caused this Declaration to be executed the day and year first above written. LUNDGREN BROS. CONSTRUCTION, INC. By Peter Pflaum, President FIRST BANK NATIONAL ASSOCIATION By Its By Its NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By Its By Its [NAME OF LUNDGREN'S MORTGAGEE] By Its By Its HMM\LBC\SUMMIT\DECLARE.COV 3/10/92 33 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1992 by Peter Pflaum, President of Lundgren Bros. Construction, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1992, by the and by the of FIRST BANK NATIONAL ASSOCIATION, a national banking association, on behalf of the association. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1992, by the and by the of NORWEST BANK MINNESOTA NATIONAL ASSOCIATION, a national banking association, on behalf of the association. Notary Public HMM\LBC\SLRWIT\DECLARE.COV 3/10/92 34 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1992, by the and by the of a on behalf of Notary Public THIS INSTRUMENT WAS DRAFTED BY: Hugh M. Maynard, Esq. Leonard, Street and Deinard 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 (612) 335-1562 NMM\LBC\SUFWIT\DECLARE.00V 3/10/92 35 MAR- 1-7-92 TlJE 1 4: 5 1 SATHRE-EERGQU I ST s I NC . F 02 I .- y q w-m0 1 p _ �JQC �� • ' 111 nP-n 06 n fxl y _ p�-'iw OIaO•SS, - 1 - ZFri t o .50 ZE IE.bE• Sr'aBt 1z37e A,"° Ir' a., J / i /� ti4 L : ;r ! l: v M08X0' _ 4 t•.' C ear / / 4 / / c� l/ (�I "i �'- E9 yt�ZE.bf.: ct F9,.�j.e� , n. ��r �• j/�44 J'/J/. � `� 1-�-{� �` .. .ELbV Q�d � a9.wp\\\[z.cr,cr•P/�� - ns.7e 4 ;_ i. h„ e,'v � � 9,. 44!.a.. /// /� � _ 1 �� ti - 7 �lha.,� e�e' - \` ti •\ti/ / . W .{j 1 2r 1� v i p`�;' / 'oe, \ �` � �m."o• g^aS.GS.i �-` e �• 1i -4ii 1�99 t'`?e.�. \� rE'GSL. 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