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HomeMy WebLinkAboutLoon Echo Resort_32000080066004_Conditional Use Permits_09-20-20069- ^0- iicoa OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument tflOO*/ was filed/recorded in this office for record on the__U ------LLfc_2006atWeirtyf. Metcalf, Couaty Dfejl 1007175 175 day Of i y@wtyrecording well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee COMPLETE THIS PROPERTY OWNER(s|^^* ^^t^VTCX Receipt Number^ Accepted By / Date DAYTIME PHONE MAILING ADDRESS LAKE NUMBER LAKE NAME LAKE CLASS _ TOWNSHIP NAME\-\e>Vywtir ____________ L-Ooin. 4T Co- \31-SECTION TOWNSHIP RANGE PARCEL NUMBER E-911 ADDRESS fJC ^ pQ.»W -St fJU Vo ^ Ou^kw PT GL 8 COM MC #66 W 317.2', NE 369.31' TO BG, NE 475.51', SE 382.25' TO LK, SWLY TO PT SE FROM BG, NW 405.3' TO BGCONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration___ Commercial Use Forest Land Conversion___ Miscellaneous Cluster Development Extractive Use Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ 9Ly\h:^<kb'b ‘ c II proposed {^(yV^Qr^^\^ak) ^ ‘ (1^05^9 (n4nKmluM^ ( U)c;n EcUp I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. e^3/ou> V date JUfeof IGNATURE OF PROPERTY OWNER (S) APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 9'3 a P./)!Date Of Planning Commission Hearing Planning Commission Motion September 20, 2006: Motion: A motion by Wilson, second by Boyer to approve as presented, with the following conditions: 1. The number of boat slips must meet the requirements of the Shoreland Management Ordinance; to exceed, they must receive a variance. 2. Must work with the Otter Tail County Highway Department regarding their letter dated September 14, 2006. 3. The unit boundaries must be decreased to be 5’ from the structures. 4. The decks must be removed from the SE side of Unit #5. Chairman/Otter Tail County Planning Commission County Board Action v/Approved As Recommended Denied As Recommended Other Date of Final ActionC^^rman/Otter Tail County Board of Commissioners L & R Official/Date(4^CONDITIONAL USE PERMIT# Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No Copy of Application Mailed to Applicant, Co. Assessor and MN DNR oV \ j L & R Official/Datebk 0204-006 L ^ • 317,339 • Victor Lundeen Co, Printers ■ Fergiis Falls. Minnesota MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 500 W. Fir Avenue, Fergus Falls, MN Tuesday, January 20, 2009 9:15 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, January 20, 2009, at 9:15 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Everett Erickson, Chair; Roger Froemming, Vice-Chair; John Lindquist, Doug Huebsch and Lee Rogness present. Approval of Agenda Motion by Rogness, second by Froemming, and unanimously carried to approve the Board of Commissioners agenda of January 20, 2009, with the following additions: Land & Resource Director - Request for Approval of CIC Human Services Director - Request for Approval of CD Contract Approval of Minutes Motion by Froemming, second by Rogness, and unanimously carried to approve the Board of Commissioners meeting minutes of January 13, 2008, as presented. Approval to Pay Bills Motion by Froemming, second by Rogness, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Committee of the Whole Discussion County Coordinator, Larry Krohn, provided a handout containing Otter Tail County financial data with comparisons to other counties. The data included expenditure and revenue comparisons. Otter Tail County’s per capita tax levy was reported as $391.64 which ranks 54 out of the 87 counties. Commissioners Lee and Huebsch reported on a recent Association of Minnesota Counties meeting for newly elected officials. Discussion took place regarding future strategic planning in anticipation of projected decreases in local government funding. Recess & Reconvene At 9:36 a.m.. Chairman Erickson declared the meeting of the Otter Tail County Board of Commissioners recessed for a Personnel Committee meeting. The Board of Commissioners’ meeting was reconvened at 9:55 a.m. Extension Request - “Hidden Shores Addition” Motion by Erickson, second by Lindquist, and unanimously carried to authorize a filing date extension to July 1, 2009 for the proposed Final Plat entitled “Hidden Shores Addition” located in Section 31 of Scambler Township; Grove Lake (56-952). Common Interest Community - “Roses Condominium” Motion by Froemming, second by Huebsch, and unanimously carried to approve CIC No. 56 entitled “Roses Condominium”, a 5 unit resort conversion in Section 8 of Hobart Township; Rose Lake (56-360). l-‘f'Zol7 (3f fic6 C Department of • •,LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus falls, mn 56537 PH: 218-998-8095 OTTER Tail County’s Website: www.co.otter-tail.mn.us . FINAL PLAT CHECKLIST Subdivision Name: Lake No.:Lake Name: Date I re^^e^v6d;' ih^jo^ l/^^Kecording Fee J^si 2 Transparencies ye>td^_(Name/Date) 6 Copies dl-^ Received within 1 year from preliminary approval V PC or CB conditions of preliminary approval^^^ - (l£>f\S€C 0\i— Road Construction; □ Approved □ Unacceptable Required OjL^ GIS Review (L&R Copy): Pfit. 7P*n ftic WM U if 1^1^^ 0^ 4 t . j^/(:&^pproved □ Unacceptable Plat Characteristics: viy22” X 34” (edge to edge) Border line top, bottom, and right side left side wVT^Each page progressively numbered P pACfS North arrow and scale /'U^' >/^^Consecutivel^umbered owet blool^fr U<I?^Lot area in Square feet, wSfer frontage & lo^^dlh Dashed survey line between lot lines Dotted name and boundary lines of adjoining plat(s) y«i^Width of all thoroughfares v/^<OHWL elevation / location tfk Bluff(s) Wetland(s) -- . LSK Mgt hinai Plat Checklist , Page 2 Monuments: i^tj^Each angle yl^Each curve point yi^^^ach block corner i^^^ntermediate points on block and lot lines indicating a change of direction yif^istance between all monuments in hundredths of a foot yH^^earing on all straight lines y«6^ngles at all angle points y^f^entral an^le, radii and arc lines for alkcurves O/L Signatures (Black ink, no ball point): yC^^otarized certification by surveyor *- . 55^ Plat-represents a survey made by’'him —. Plat is a correct representation of his survey All distances are correctly shown in hundredths of a foot , — All monuments have been set as shown ■•f * iOutsjd^'boundary lines are correct as shown There are no wetlands or public roads, other than shown ^ Has reviewed this plat and found it in compliance with our Sulcdivision Controls Ordinance and Minnesota Statutes 505 fih fJlft Notarized certification by landowner and any mortgage holder — Adoption of plat Full description of parcel ^Dedication of utility easements and public road ✓«r^Subd,ividers Attorney ✓C^Township' ' Mortgage statement ^IL/OK- Forms: v/^^dministrative Officer kV^County Board \/i^ County Treasurer County Auditor County Recorder ’ ■■ ** I • % Result: l^ir'i^ady for CB , □ Return to^wbrTi^er for correction(s) PufC. f Reviewer / Date: @) iju^Ol • *9/07 PC FNLPLAT Final Plat Checklist 9-07 ( r> Date Of Planning Commission Hearing Planning Commission Motion T© aSeptember 20, 2006:Joy^to approve as presented, with the following conditions: The number of boat slips must meet the requiremert^pf theShoreland Management Ordinance; to exceed, they must receive a varianc^^^ Must ^ ^ work with the Otter County Highway Department regarding their letter dated September 2006.*'^!!^ The unit boundaries must be decreased to be 5’ from the structurei/fvThe decks must be removed from the SE side of Unit #5. Motion: A motion b’ Chairman/otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other Date of Final ActionC^^rman/Otter Tail County Board of Commissioners , Richar^d West, P.E. County Engineer Phone 218-998-8470 Fax 218-998-8488 OTTER TAIL COUNTY HIGHWAY DEPARTMENT 505 S. Court Street, Suite 1, Fergus Falls, MN 56537 :■ RECEIVED SEP 15 2006 LAND & RESOURCE September 14, 2006 Marsha Bowman, Recording Secretary Otter Tail County Planning Commission 540 Fir Avenue West Fergus Falls, MN 56537 Conditional Use Permit Application Request Applicant: Loon Echo Resort (William & Sandra King) and W 3 Investments 34721 Co Hwy #4, Rose Lake (56-360), RD, Section 8, Hobart Township RE; Dear Marsha: In reviewing this Conditional Use Permit Application Request, we also reviewed the proposed CIC . Plat (RosesUondominium). In reference to the proposed CIC Plat, it is not clear as to how the County State Aid Highway Number 4 (CSAH 4) right of way will be handled. The proposed CIC Plat appears to show the existing 66 feet right of way, but does not clearly address whether the right of way would remain an easement or become a dedicated public right of way. We believe that the right of way should be dedicated to the public. The Subdivision Controls Ordinance of Otter Tail County states that the minimum right-of-way for primary highway and arterial roads/collector roads shall be 100 feet. We request that consideration be given to expanding the right-of-way on each side of the center line to 50 feet, thus providing the 100 foot right-of-way required by the Subdivision Controls Ordinance. If you have any questions or require more information, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department Charles H. Grotte, P.E. Assistant County Engineer CHG;mk cc: Richard West, County Engineer File f-’ ■ AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1Bill Kalar - Condominium contacts "Anderson Surveys - Glenn" <alexsurveyor@prtel.com> "Bill Kalar" <bkalar@co.otter-tail.mn.us> 11/6/2008 2:39 pm Condominium contacts From: To: Date: Subject: . TP These are from Lynette Robert Wasvick Cell - 651-206-8502 Robert Wasvick Work - 651 -459-8600 Ext 101 Mike Wasvick Home - 218-342-2090 Mike Wasvick Work - 218-849-9325 Terry Usher ( who was the realtor I believe) fits into the last number. w Glenn Howe, PLS, PE Anderson Land Surveyors, Inc. Professional Land Surveyors, Civil Engineers & Land Development Consultants Cell 320.808.8592 Office 218.739.5268 Fax 218.739.5461 O6i008lanu m/s"^ (Lyoc If, mute ^ TT/U'i uSHti Reonce fcJiTH fiCUl** T® IS^I tts fiPPfi^AL(i£\■mu. T» <24 OTC Board of Commissioners’ Meeting November 18, 2008 Page 2 Community Addiction Recovery Enterprise - Pregnant Women’s Program Human Services Director, John Dinsmore, and State of Minnesota DHS representatives spoke with the Board regarding an expansion of the adult bed capacity for the C.A.R.E. program at the chemical dependency treatment facility currently being constructed in Fergus Falls. This will require that the proposed adolescent chemical dependency services will be relocated to the state operated chemical dependency site located in Brainerd. DHS representative, Doug Seiler, stated that the cost differential to convert bathroom fixtures to accommodate the new program were minimal. No other changes were required. Commissioner Mosher questioned if there are going to be enough beds for adolescents and other people if these beds are reserved specifically for pregnant women. Mr. Seiler responded that specialty programs have become necessary because of the high specific needs of the clients that are served in this setting. Motion by Mosher, second by Froemming, and unanimously carried to authorize the Chairman’s signature on the letter of support for the Pregnant Women’s CD Program. A letter of support from the County to the State DHS is required when there is a need for a license change. Aq Update Ag Extension Educator, Vince Crary, thanked the Board for their support of the Extension Service and specifically thanked the commissioners who will be retiring at the end of the year. Mr. Crary briefed the Board on the issues with the moisture content in the corn that is still standing and noted that a lot of sugar beets will not be harvested. He discussed the Master Gardener Program and upcoming horticulture training that will be available. Discussion also took place regarding a potential Feedlot Officer position. Rose’s Condominium Land & Resource Administrator, Bill Kalar, opened discussion regarding Conditional Use Permit #6409 for Rose’s Condominiqm, which is a resort conversion approved in 2006. He showed the Board a map of the area and reviewed the reasons why two of the conditions applied to the permit do not conform to the area. Motion by Erickson, second by Block, and unanimously carried to change two of the conditions on CUP #6409 to reduce the road right-of-way requirement from the Center Line of Highway 4 northwesterly to 40’ (instead of 50’) and to leave the road right of way at 33’ southeasterly (lakeside). Leaving the 33’ road right-of-way on the lakeside allows for docking. Facilities Operations Department Payment Approval: Motion by Erickson, second by Block, and unanimously carried to authorize payment, in the amount of $462,843.65, to Comstock Construction of Fergus Falls per Pay Request #12 for the construction of the 60-Bed Chemical Dependency facility which is at about 80% completion. Projects Update: Physical Plant Manager, Rick Sytsma, stated that substantial completion of the 60-Bed facility should take place the first week in January with various state inspections and reviews required after that date. Anticipated occupation of the facility by the State of Minnesota is expected the end of February, 2008. Mr. Sytsma stated that the ground source electric is exceeding expectations as far as savings for energy uses at the Ottertail Operations Center. t? n I h . M' September 13. 2007 Roses Condominium (formerly Loon Echo Resort) - CUP #6409 Rose Lake (56-360) I explained to Bill Kalar a phone conversation with Terry Usher regarding the condition on CUP #6409 requiring the decks to be removed from the SE side of Unit #5. It appears that the resident of Unit #5 is disabled and needs the deck & ramp for her access, and that the American Disabilities Act does not allow removal of the deck as long as she lives there. i..;Per discussion with Bill Kalar, if they wish to have the deck (on the right side - facing from the road) remain, a letter would be required, and it would be taken to the County Board for their consideration. The letter should request the following; A date as to when the deck would be removed, along with a reason. 2. A statement that you want to record the CIC with this condition not being L 1. met. I called Terry Usher (218-849-2249) and left a message on her voice mail informing her of the above, indicating she should call me with any questions. NDERSON, HOWE & LANGLIE, INC. PROFESSIONAL LAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS n 313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218-739-5268 □ 324 BROADWAY, SUITE 208, ALEXANDRIA, MN 56308 (320) 762-5263 (800) 300-9276 ^^2007 September 12, 2007 Otter Tail County Land and Resource Management Office Attn; Bill Kalar Government Services Center 540 West Fir Fergus Falls, MN 56537 RE: EXTENSION OF THE APPROVAL OF CIC PLAT OF ROSES CONDOMINIUM Dear Mr. Kalar: I would like to request a one year extension of the approval of Common Interest Community plat of Roses Condominium (Loon Echo Resort). This plat on Rose Lake was approved by the planning commission on September 20, 2006 and by the board on September 26, 2006. Your consideration of this request is greatly appreciated. Sincerely, ANDERSON, HOWE & LANGLIE, INC. David A. Anderson, PLS President OTC Board of Commissioners’ Minutes September 18, 2007 Page 4 Motion by Mosher, second by Nelson, and unanimously carried to approve an extension request from Moore Engineering for filing the Final Plat entitled “Eagle Crest” until December 31, 2007. The property is located in Section 10 of Eagle Lake Township: Eagle Lake. ^BrazelDaks”^ Motion by Froemming, second by Block, and unanimously carried to approve an extension request of one year from Anderson, Howe, and Langley for filing the Final Plat entitled “Brazel Oaks”. The property is located in Section 23 & 24 of Otter Tail Township: Long Lake. isiMopWaWEsfatesh Motion by Mosher, second by Erickson, and unanimously carried to approve an extension request from Anderson, Howe, and Langley for filing the Final Plat entitled “Norway Estates” until July 1, 2008. The property is located in Section 34 of Tordenskjold Township: Stalker Lake. ^Exterisionk br'Modifications of CjonditienaJ^yse Permifc^mm ^.NorwayiEstates Second AdditmaMm Motion by Mosher, second by Block, and unanimously carried to approve an extension of the Conditional Use Permit for the Common Interest Community (CIC) entitled “Norway Estates Second Addition” until July 1, 2008. The property is located in Section 34 of Tordenskjold Township: Stalker Lake. '^^‘‘Rdse^s^CdndominiarfF’^ Motion by Nelson, second by Erickson, and unanimously carried to approve a one year extension request for the Conditional Use Permit for the CIC entitled “Rose’s Condominium”. The property is located in Section 8 of Hobart Township: Rose Lake (56-360). wmiicSmiew^E^ates’^^m Motion by Erickson, second by Block, and unanimously carried to approve an extension of the Conditional Use Permit for the CIC entitled “Pelican View Estates” until December 1, 2007, for construction of the road to serve this community subject to using appropriate temporary erosion control methods. The property is located in Section 1 of Scambler Township on Pelican Lake. ^ip^fsorTheT Bbarb"bfT!^fpeat§M County Coordinator, Larry Krohn, briefed the Board and submitted the Findings of Fact, Decision and Order of a case heard before the Otter Tail County’s Personnel Board of Appeals. Bid Award - Salt Storage Building, Battle Lake The Bid Opening for C.P. 07.-SALT, Salt Storage Building Construction in Battle Lake, was held at 1:00 p.m. on September 12, 2007, with one bid received from Greystone Construction Co. Motion by Mosher, second by Block, and unanimously carried to award the Salt Storage Building Construction Project in Battle Lake to Greystone Construction Co, of Shakopee, MN, in the amount of $97,155.00. The Engineer’s estimate was $121,000.00. Recess At 11:47 a.m.. Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1:00 p.m. OTC Board of Commissioners’ Minutes September 26, 2006 Page 7X approve a Conditional Use Permit to change the usage as a Resort Status to Single Family Residential Usage in a 12 unit Common Interest Community (CIC) v\/ith conditions as recommended by the Planning Commission. The property is described as Pt GL 7, (6.30 AC), Section 27 of Hobart Tovt/nship; Long Lake (56-388), RD. ^Conditional Use Permit - Loon Echo ResortA/\/illiam & Sandra Kina and W3 Investments: Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use Permit to change the usage as a Resort status to a 5 unit Common Interest Community for singe family residential usage with conditions as recommended by the Planning Commission. The property is described as Pt of GL 8 (4 AC), Section 8 of Hobart Township: Rose Lake (56-360), RD. Conditional Use Permit - Daniel M. Sillerud: Motion by Mosher, second by Block, and unanimously carried to approve a Conditional Use Permit to restore a wetland area with conditions as recommended by the Planning Commission. The property is described as Pt NE% NE%, (24.87 AC), Section 24 of Orwell Township: Unnamed Lake (56-838), GD. Blue Heron Bay Adequacy Decision Motion by Mosher, second by Nelson, and unanimously carried to establish a special meeting for the Otter Tail County Board of Commissioners on Tuesday, October 31, 2006, at 9:30 a.m. for the Blue Heron Bay Final EIS Adequacy Decision. Other County Board agenda items will not be scheduled unless the item is a high priority issue. Conditional Use Permit - “The Preserve at Echo Bay” Attorney for Homeland Investments, Paul Jenson, formally requested vacation of Conditional Use Permit #6346 for The Preserve at Echo Bay and explained that a new Application for Conditional Use has been filed with the Land & Resource Office and will be considered by the Planning Commission in October. Motion by Lee, second by Mosher, and unanimously carried to approve withdrawal, as requested by applicant, of Conditional Use Permit #6346 which includes the cluster development proposal for The Preserve at Echo Bay and acknowledging that the road(s) that have been constructed were performed under a valid CUP and was appropriate work under the permit. Final Piats Motion by Nelson, second by Block, and unanimously carried to approve the Final Plat of Dennis E. Courneya known as “Pine Crest”, Section 8 of Hobart: Unnamed Lake (56-359) & Scalp Lake (56-358). Motion by Lee, second by Block, and unanimously earned to approve the Final Plat of Dorothy M. Woods known as “Smith Acres”, Section 26 of Dora Township: Elbow Lake (56-514). Motion by Froemming, second by Block, and unanimously carried to approve the Final Plat of Frederick B. Walter and Debbie K. Walter known as “Lakeside Timber Estates”, Section 10 of Parkers Prairie Township: Horsehead Lake (56-22). Otter Tall County. Planning Commission September 20.2006, Page 6 Bruce Hummel indicated that this is a good project, however senses that the majority of people on Scalp Trail do not want the project, only a few. Merle Ledou expressed concerns and indicated that he feels the majority of the people on Scalp Trail do not want the project. Motion: A motion by Estes, second by Maske to approve as presented, must wait until after April 15, 2007 to start the project. Voting: All Members in favor. Otter Tail County. Planning Commission September 20.2006, Page 7 Jim Peterson (Anderson Land Surveying), Glenn Howe (Anderson Land Surveying) , Mike Wasvick and Terry Usher represented the Application. Motion: A motion by Wiison, second by Boyer to approve as presented, with the following conditions: 1. The number of boat slips must meet the requirements of the Shoreland Management Ordinance; to exceed, they must receive a variance. 2. Must work with the Otter Tail County Highway Department regarding their ietter dated September 14, 2006. 3. The unit boundaries must be decreased to be 5’ from the structures. 4. The decks must be removed from the SE side of Unit #5. Voting: All Members in favor. Treasured Bay Resort Lester & Kristine Kellogg and James Development Inc. — Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant): The request is a 12 unit Common Interest Community. The application is to change the usage as a Resort Status to Single Family Residential Usage. The existing cabins and all other structures will be removed. The request is to include the removal of the cabins and all structures this fall with the proper erosion control measures placed along the shoreline and to construct the proposed driveway as shown on the proposed CIC plat (Treasured Bay Condominiums). The request is to include 12 boat slips. Plat map available for viewing at the Land & Resource Management Office. The property is described as R GL 7, (6.30 AC), Section 27 of Hobart Township; Long Lake (56-388), RD. Jim Anderson (Anderson Land Surveying), Glenn Howe (Anderson Land Surveying), Peter Paul (Peter Paul Excavating) and Ralph Schmitz (James Development) represented the Application. Applicant requested to change the name to “Lakeshore Harbor”. Scott Manthe expressed concerns regarding the density calculations for the allowable number of units and requested consistency. Douglas Grouws expressed concerns regarding lot size requirements, preserving the quality of the lake, and requested all Ordinance requirements be followed (i.e. buffer zone), drainage towards the lake, the proposed road / parking area & turnaround being close to the lake and in the buffer zone (east side of property); he questioned the need of other agencies for the boat ramp. Motion: A motion by Estes, second by Schwartz to approve with the following conditions: 1. The east side of the lot must have a 50’ buffer and the road and the boat ramp must be removed. 2. May have a maximum of 6 boat slips as required by the Shoreland Management Ordinance; if they want to exceed 6, they must receive a variance. 3. The name can be changed to “Lakeshore Harbor” as requested by the Applicant. Reasons for approval being the reduction of 63 existing structures to 12 dwelling units and 12 garages (24 total structures) and that this project will limit the impacts as listed in the SMO, with the exception of seasonal use. Voting: All Members in favor. Loon Echo Resort William & Sandra Kina and W3 Investments - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant): The request is a 5 unit Common Interest Community. The application is to change the usage as a Resort status to Single Family Residential Usage. The request is to include the removal of the out buildings and to construct the proposed driveway as shown on the proposed CIC Plat (Roses Condominium) this fall. Plat map available for viewing at the Land & Resource Management Office. The property is described as R of GL 8, (4AC), Section 8 of Hobart Township; Rose Lake (56-360), RD. Daniel M. Sillerud - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant): Restore a wetland area previously ditched & drained for agricultural use. Proposed wetland area of 5.7 Ac.+ excavated to a maximum depth of 6 feet ±. Spoil material will be hauled off site. Request to perform work this year. MN Wetland Application Form has been filed. The property is described as Pt NE1/4 NE1/4, (24.87 AC), Section 24 of OnArell Township; Unnamed Lake (56-838), GD. Dan Sillerud represented the Application. Greg Marcus expressed concerns regarding an easement for tiling (not to be disturbed), maintenance of the elevation, erosion/silt & sediment control and draining of the area. Motion: A motion by Wilson, second by Maske to approve, subject to the Applicant following the Minnesota Wetland Conservation Act requirements and provided precautions are taken to protect the adjacent property. Voting: All Members in favor. Blue Heron Bay Environmental Impact Statement Timeline: Bill Kalar distributed to the Commission, a Timeline for the Blue Heron Bay Environmental Impact Statement. No action was taken. Adjourn: At 12:15 A.M., Chairman Olson set the Meeting. The next Meeting is scheduled for 6:30 P.M. on October 11, 2006. Respectfully submitted. Marsha Bowman Recording Secretary PRELIMINARY PLAT OF i ! COMMON INTEREST COMMUNITY SCALE IN FEET OSES CONDOMINIUM i i SCALE: / INCH = 40 FEET BEARINGS ARE BASED ON AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED "PLS 13620 t 17325“.NOTES: D " NEAVr LINE INDICATES BOUNDARY OF PROPOSED SUBDIVISION. 1370 — 2 FOOT CONTOURS SHONN FROM FIELD ELEVATIONS.qf ^ . O'"® DENOTES RECORD MONUMENT NOT LOCATED ON THIS SURVEY.L ///o ^ AjDENOTES TELEPHONE PEDISTAL. DENOTES POHER POLE. tpH pp O SOILS - USDA, NRCS HAS CLASSIFIED THE FOLLONING SOIL TYPES ON THIS PROPERTY: 1307 1340 IIS6C LIDA-TNO INLETS COMPLEX, 3 TO 15 PERCENT SLOPES H96B LIDA-TNO INLETS COMPLEX, I TO 3 PERCENT SLOPES VEGETATION - THE PROPERTY CONTAINS A MIXED VARIETY OF UPLAND VEGETATION. /D .A RUSHLAKE SAND BLUFFCREEK-EPOUFETTE COMPLEX\,UDENOTES STORM SENER MANHOLE.ST MH \ cjo O DENOTES CLEAN OUT RISER. ONNERS: ©DENOTES CONCRETE LID OR CONCRETE SURFACE.BCC5NC.JCSHUA R.M. HANSON DENOTES ELECTRIC SERVICE/NATER SERVICE.ES/WS O DENOTES NOOD FENCE. DENOTES APPROXIMATE LOCATION OF EXISTING CENTRAL SENER S -'STEM.AN ASSOCIATION NILL REGULATE THE COVENANTS OF C.I.C. DEVELOPMENT. USAGE » RESIDENTIAL UNITS — s — s — DENOTES LIMITED COMMON ELEMENT PARKING (10 FEET BY 20 FEET).P-LCE»4 THIS PORTION OF EXISTIMG ROADNAY TO BE OBLITERATED NONE OF THE PROPERTY LIES NITHIN A 100 YEAR FLOOD PLAIN. DENOTES UNIT ENVELOPE. ?THE EXISTING USAGE FOR THE CENTRAL SENER SYSTEM AND CENTRAL NATER IS PROPOSED TO BE THE USAGE FOR THE RESIDENTIAL UNITS.t CURVE TABLE THE CENTRAL SENER SYSTEM NILL BE COMPLIANT TO OTTER TAIL COUNTY SANITARY SENER REQUIREMENTS FOR RESIDENTIAL USAGE.CHORD LENGTHCHORD BEARINGARC LENGTHDELTA ANGLERADIUSCURVE N37*4q'38“E05*44'47"2^0.512^0.6328q7.7qCl N37*4q'l2"E 283.iq05-43'56"283.312831.7qC2 EXISTING ROADNAYS ON PROPERTY NILL BE STANDARDIZED TO A NIDTH OF 20' AND UTILIZED FOR ACCESS TO PROPOSED UNITS. TIER I CALCULATIONS:OMONNERS: TIMOTHY 4 FAYE COURNEYA TOTAL AREA 116,822 S.F. BASE DENSITY OF DNELLING UNITS - 2.226 4 MAXIMUM ALLONABLE DENSITY PER TIER = 3.33 TIER I # OF UNITS = 3 TIER 2 CALCULATIONS: TOTAL AREA 54,463 S.F. BASE DENSITY OF DNELLING UNITS - 0.6 MAXIMUM ALLONABLE DENSITY PER TIER = TIER 2 tt OF UNITS - / TOTAL AREA = 171,235 S.F.t IMPERVIOUS AREA = 33,3<X) S.F.t (iq.5X2 TOTAL AREA OF OPEN SPACE = H3.67q S.F.± (6°,.3%) f L TOTAL NATER FRONTAGE - 417 MINIMUM FRONTAGE PER UNIT PER RD CLASSIFICATION = 50 TOTAL NUMBER OF DNELLING UNITS PER LAKE FRONTAGE - 3 UNITS 0^= 8 @ > O' Y' n A /O' I I I I A A /AREA CALCULATIONS:I I I BUILDINGS 1753 + 1720 + 5P3 + 1264 + 742 + 416 ~ 6,433 S.F. DECKS, SLABS 4 RET.NALL - 402 + 42 + 313 + lOO + 30 + 140 + 155 + 210 + 227 + 217 = /,836 S.F. PROPOSED ROADNAYS AND BITUMINOUS OUTSIDE OF HNY R/N - P24 + 10,270 + 186 + 120 = 11,500 S.F. TOTAL C.S.A.H. NO. 4 R/N ACROSS PROPERTY - 27,776 S.F. C.S.A.H. NO. 4 BITUMINOUS SURFACE NITHIN R/N ONLY - ll,25H S.F. PROPOSED UNIT PARKING AREAS - !0 x 200 - 2,000 S.F. PROPOSED UNIT AREAS - !7H6 + 1335 + 1335 + 1400 + 3623 - %4H4 S.F. I VI I I I I I ONNERS:\I GERALD 4 MARGARET COURNEYA 4 ^ ^ ^ ^ /pA 'T A. tO Q. a ////I C~DI/ 7A \Tm /OPEN SPACE CALCULATION:L _ /V T? VcrI m I I 171,235 S.F. LESS <14^14 + 1336 + 11,500 + 27,776 + 2000 - 52,606 S.F. OPEN SPACE = /7/,J?85 - 52,606, - 113,679 S.F. (69.3X)uj I I iO I ® / y1 AA IMPERVIOUS SURFACE CALCULATION:I-----A ^T2- I b 1- oy/ \ •/Ii___7o 6433 -h 1^19 -h 924 -h 11,500 + 11,259 + 2000 - 33,790 S.F. <^/q. 7Jr^//I NN'LY R/N LINE TOTAL AREA OF PROPOSED COMMON INTEREST COMMUNITY - 171,235 S.F.± ('3.93 ACRES±JI■^C.S.A.H. NO. 4I I I I I LEGAL DESCRIPTION PART OF GOVERNMENT LOT 8 SECTION 3, TONNSHIP 137, RANGE 40 OTTER TAIL COUNTY, MINNESOTA I ONNERS NILLIAM 4 SANDRA KING LOON ECHO RESCMT 3472! CO. HNY 4 FRAZEE, MN 56544 ONNERS:CONTROL LINE FOR LEGAL DESCRIPTION DEVELOPERS: N3 INVESTMENTS, LLC ATTN: ROBERT NASVICK I22II I93TH STREET EAST HASTINGS, MN 55033 I RICHARD 4 LCRIIEE DNYERI I I I I TONNSHIP NAME - HOBART PARCEL NO. - 32000080066004I I I I E9II ADDRESS = 34721 CO. HNY. NO. 4I I I ONNERS:I STEPHANIE HOGAN TSTI SN COR. OF SEC. 3-137-40 S LINE OF SEC. 3-137-40 I SURVEYOR'S CERTIFICATEI I I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT NAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LANS OF THE STATE OF MINNESOTA. DATED THIS 22ND DAY OF AUGUST, 2006. I I 23\.95 PRELIMINARY CIC PLAT FOR: ROSES CONDOMINIUM H3 INVESTMENTS, LLC 1581.17 //iONNERS: SCOTT JENNINGS EHLKE i/ MEANDER CORNER NO. 66N8q*65'28“E 18^8.37 i GLENN HONE PROFESSIONAL LAND SURVEYOR MINN. LICENSE NO. 17825 FIELD BOOK ALS-1^6/16. CONTRACT NO. 258-06FF FOLDER 258-06 DRAWN BY GEH=^4 FIELD CREW JSL ♦ TANDWG FILE 258-06CIC CRD FILE 258-06 CR5 FlU: 258-06NDERSON UAND SURVEVIINC. 313 SOUTH MILL STREET, FERGUS FALLS, MN 66636-0126 (2\&) 73^-6266 «II6 WASHINGTON AVENUE, DETROIT LAKES, MN 66601 (2») 647-0600 324 BROADWAY, STE. 206, ALEXANDRIA, MN 56306 (320) 762-5263 i DRAWING NUMBERi »t. SEC - TWP - RG 8 - 137 - 40 CHKIKED BY GEH 7417 V ROSE LAKE CONDOMINIUM PROPOSED BUDGET FOR 2006-2007 The following shall be considered for the budget for Rose Lake Condominiums. 1. Trash Service 2. Lawn Care 3. Marina Dock in/out 4. Snow removal 5. Driveway/parking maintenance upkeep 6. Septic Tank maintenance/ pumping annually 7. Common ground liabihty insurance 8. Common/shared buildings insurance 9. Misc. fees for postage, mailings 10. Annual tax preparation fees 11. Book Keeping fees 11^2001 Water/Wastewater-ISTS4.31 Compliance Inspection Form for Existing Individual Sewage Treatment Systems Minnesota Pollution Control Agency Jompletion of this form fulfflls the minimal requirements of Minn. Stat. § 115.55 (1999) and MinnesrOa R. ch. 7080 (1999). Please refer __________________________to local ordinances for other requirements or other required information. General: Date of Inspection: Reason for inspection: Property Owner(s) /t /r//i<gtiA kfiA Person requesting inspection Q-H er-jgyW Site Address___3^/7^1 Co M 3Name A'Joh^'7' Telephone p/Jf) Telephone ( ) City 4-r^‘E7!’^e Zip Code Fire No./ Parcel No. Legal Description _ Regulatory Authority.Ohh<r^l System Classification Systems built prior to April 1,1996 and not located in Shoreland or Wellhead Protection Area or Serving a Food, Beverage or Lodging Establishment Systems located in Shoreland or Wellhead Protection Areas or Serving a Food, Beverage or Lodging Establish­ ment, or systems Built after March 31,1996 Is the system an imminent threat to public health or safety? (a yes answer is an ITPHS system) - Discharge of sewage to the ground surface? - Discharge of sewage to draintile or surfece waters? YES NO - Sewage backup into dwelling? - Situation with the potential to immediately and adversely impact or threaten public health or safety? Is the system failing? (a yes answer is a failing system) - Less than TWO feet of vertical separation between system bottom and saturated soil or bedrock? - A seepage pit, cesspool, drywell, or leaching pit? Is the system an imminent threat to public health or safety? (a yes answer is an ITPHS system) ^ - Discharge of sewage to the ground surfece - Dischai^e of sewage to draintile or surface waters? YES ^ YES M YES NO YES YES NO - Sewage backup into dwelling? - Situation with the potential to immediately and adversely impact or threaten public health or safety?YES NO YES Is the system failing? (a yes answer is a failing system - Less than THREE feet of vertical separation between system bottom and saturated soil or bedrock? YES - A seepage pH, cesspool, drywell, or leaching pit? YES YES NO YES NO Is the system non-compliant? - Is the system regulated under a monitoring plan or operating permit? (if no, go to page 2) If yes. - Has the required monitoring taken place? = (If no, the system is non-complying) Is the system non-compliant? - Is the system regulated under a monitoring plan or operating permit? (if no, go to page 2) If yes, - Has the required monitoring taken place? (If no, the system is non-complying) YES(^YES NO YES NO YES NO - The monitoring indicate that the system meets perfor- YES NO - The monitoring indicate that the system meets perfor­ mance expectations? (If no, the system is non-complying) mance expectations? (If no, the system is non-complying) YES NO Page 1 of 2 wq-wwists4.31 ioill 7^^n2iProperty Owner(s).Fire No./ Parcel No.I System Components (Please describe the system components): i^c What methods were used to make the determinations for the compliance inspection? (Note: No standard protocol exists. The following list is not exhaustive, not in sequential order nor indicates which combinations are necessary to make a determination) Watertight tankfst ^^Probed tank bottom □ Observed low liquid level □ Examined const, records □ Examined empty (pumped) tank □ Probed outside tank for black soils □ Pressure/vaccum check □ Other Hydraulic Functioning □ Searched for surface outlet □ Performed hydraulic test ^Searched for seeping in yard □ Checked for back-up in home □ Excessive ponding in soil system ^Homeowner testimony u Examined for surging in tank □ “Black soil” above soil system □ Other Separation Distance ^Conducted soil borings ^0-Depth to redox ^ Depth to system bottom amined records i I County Verification Records □ Other STATUS OF THE SYSTEM Based on the compliance criteria above the system status is (check one)^jE^in compliance (functioning), Dfailing (to protect groundwater), Dan imminent threat to pubiic health or safety (ITPHS), nnon-compliant (monitoring issue), □ compliant (non of the 3 previous conditions), or □ insufficient information to make determination. Therefore, this document is a~0^ertificate of Compliance DNotice of Noncompliance DUnknown compliance SUGGESTED ATTACHMENTS: 1) Site sketch. Suggested items for sketch include: well, well setback to system, dwelling or other buildings, tank(s), soil treatment system, reserved soil treatment area, property lines, surface water and soil boring locations. 2) Soil boring logs, showing each horizon. Indicate the texture, color, redoximorphic features depth to bedrock, standing water and whether the material is fill. 3) A list of any and all requirements of the local ordinance that are different from the state requirements referred to on this form. 4) A homeowner survey, signed by the homeowner as being factual. 5) Monitoring data as appropriate. CERTIFICATION I hereby certify as a state of Minnesota licensed Inspector and/or Designer I or Qualified Employee Inspector and/or Qualified Em­ ployee Designer I that I conducted an investigation that accurately determined the compliance status of this system and that my recorded observations are accurate as of this date. No determination of future hydraulic performance has been nor can be made due to unknown conditions during system construction, abuse of the system, inadequate maintenance, or future water usage. Phone.Inspector’s name (print). License and/or Registration Number Employed by Sionaturfe----- Upgrade Requirements (derived Minnesota Statutes § 115.55) An ITPHS must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system fails to provide sufficient groundwater protection, then the system must be upgraded, replaced, or its use discontinued within tiie time required by rule or the local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontin­ ued, notwithstanding any local ordinance that is more strict. This does not apply to systems in shoreland areas, wellhead protection areas, or those used in connection with food, beverage, and lodging establishments as defined in law. Address Address3X. Date Page 2 of 2 f ^ f-ec BYLAWS OF ROSE LAKE CONDOMINIUM ASSOCIATION, INC. SECTION 1 - GENERAL The following are the By-Laws of ROSE LAKE CONDOMINIUM ASSOCIATION, INC., a Minnesota nonprofit corporation (the “Association”). The Association is organized for the purpose of operating and managing ROSE LAKE CONDOMINIUMS, a condominium development. The terms PLAN FOR CONDOMINIUM OWNERSHIP FOR ROSE LAKE CONDOMINIUMS recorded or to be recorded in the Office of the County Recorder, Otter Tail County, Minnesota (the “Declaration”). SECTION 2 - MEMBERSHIP 2.1 Members Defined. All Owners shall be Members of the Association. No personal shall be a Member solely by virtue of holding a security interest in a Unit. A person shall cease to be a Member at such time as that person is no longer an Owner. 2.2 Registration of Owners ad Occupants. Each Owner shall register with the Secretary of Association, in writing, within 30 days after taking title to a Unit. (I) the name and address of the Owners and any Occupants of the Unit, (ii) the address at which the Owner desires to receive notice of any meeting of the Owners, if other than the Unit address, (iii) the name and address of the secured party holding the first mortgage on the Unit, if any, and (iv) if there are multiple Owners of the Unit, the name and of the Owner who shall be authorized to cast the vote with the respect to the Unit. Each Owner shall have a continuing obligation to advise the Association in writing of any changes in the foregoing information.■ 2.3 Transfers. The interests, rights and obligations of an Owner in the Association rnay be assigned, pledged, encmnbered or transferred but only along with and as a past of the title to the Owner’s Unit or as otherwise specifically authorized by the Governing Documents. SECTION 3-VOTING 3.1 Entitlement. Votes shall be allocated to each Unit as provided in the Declaration. However, no vote shall be exercised as to a Unit while the Unit is owned by the Association. 3.2 Authority to Cast Vote. At any meeting of the Owners, an Owner included on the voting register presented by the Secretary, or the holder of such Owner’s proxy, shall be entitle to cast the vote which is allocated to the Unit owner by the Owner, If there is more than one Owner of a Unit, only one of the Owners may cast the vote. If the Owners of Unit fail to agree as to who shall cast the vote, or fail to register pursuant to Section 2.2, the vote shall not be cast. 3.3 Voting by Proxy. An Owner may cast the vote which is allocated to the Owner’s Unit and be counted as present at any meeting of the Owners by executing a written proxy naming another person entitled to act on that Owner’s behalf and delivering the same to the Secretary before the commencement of any such meeting. All proxies granted by an Owner shall remain in effect until the earliest of the following events: (I) revocation by the granting Owner by written notice or by personally attending and voting at the meeting for which the proxy is effective, (ii) eleven months after the date of the proxy, unless otherwise provided in the proxy, or (iii) the time at which the granting Owner is no longer an Owner. 3.4 Voting by Mail Ballot. The entire vote on any issue, except the removal ofDirectors, may be determined by mailed ballots, subject to the following requirements. a. The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate the number of responses needed to meet the quorum requirements, (iii) state the percentage of approvals necessary to approve each matter other tl^ election of Directors, and (iv) specify the time by which a ballot must be received by the Association in order to be coimted. b. The ballot shall: (i) set forth each proposed action and (ii) provide an opportunity to vote for or against each proposed action. c. The Board ofDirectors shall set a reasonable time for the return of ballots. The Board shall provide notice of the results of the vote to the Owners within 10 days after the expiration of the voting period. d. Approval by written ballot under this Section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. 3.5 Vote Required. A majority of the votes cast at any properly constituted meeting of the Owners, or cast by mail in accordance with these By-Laws, shall decide aU matters property brought before the Owners, except where a different vote is specifically required by the Governing Documents or by law. The term "majority" as used herein shall mean in excess of 50% of the votes cast at a meeting, in person or by proxy, or voting by mail, in accordance with the allocation of voting power set forth in the Declaration. Cumulative voting shall not be permitted. SECTION 4- MEETINGS OF OWNERS 4.1 Location and Notice. Reasonable notice of all meetings of Owners shall be given to all Owners. All meetings of the Owners shall be held at a reasonably accessible to the Owners as may be designated by the Board ofDirectors in any notice of a meeting of the Owners. 4.2 Annual Meetings. An annual meeting of the Owners shall be held in each fiscal year on a date, and at a reasonable time and place, designated by the Board. At each annual iheeting of the Owners, (i) the Board shall be elected pursuant to these By-Laws, (ii) a report shall be made to the Owners on the activities and financial condition of the Association, and (iii) any other matter which is included in the notice of the annual meeting, and is a proper subject for discussion or decision by the Owners, shall be considered and acted upon. 4.3 Special Meetings. Special meetings of the Owners may be called by the President as a matter of discretion. Special meetings of the Owners shall be called by the President or Secretary uponreceipt ofthe written request of a majority of the members of the Board or at least 25% of the Owners entitled to cast votes in the Association. The meeting shall be held within 30 days following 2 receipt ofthe request. The request shall state the purpose of the meeting, and the business transacted at the special meeting shall be confined to the purposes stated in the notice. The purpose for which the meeti^ is requested and held must be lawful and consistent with the Association's purposes and authority. 4.4 Quorum: Adjournment. The presence of Owners in person or by proxy, who have the authority to cast at least 30% of the votes in the Association shall be necessary to constitute a quorum at an meetings of the Owners for the transaction of any business, except that of adjourning the meeting to reconvene at a subsequent time. Any meeting may be adjourned from time to time, but until no longer than 15 days later, without notice other than announcement at the meeting as initially called. If a quorum is present at the reconvened meeting, any business may be transacted which might have been transacted at the meeting as initially called had a quorum then been present. The quorum, having once been established at a meeting or a reconvened meeting, shall continue to exist for that meeting notwithstanding the departure of any Owner previously in attendance. SECTION 5 - ANNUAL REPORT The Board of Directors may prepare an annual report on behalf of the Association to be delivered to each Owner together with the notice of the annual meeting. The report may contain: a. A statement of any capital ejqienditures in excess of 2% of the current budget or $5,000, whichever is greater, approved by the Association for the cmtent year or succeeding two fiscal years. b. A statement of the balance in any reserve or replacement fund and any portion of the fimd designated for any specified project by the Board of Directors. c. A copy of the statement ofrevenues and expenses for the Association's last fikial year, and a balance sheet as of the end of said fiscal year. d. A statement of the total past due assessments on all Units, current as of not more than 60 days prior to the date of the meeting. SECTION 6 - BOARD OF DIRECTORS 6.1 Number and Qualification. The affeirs of the Association shall be governed by a Board of Directors to be elected and serve as set forth in the Articles of Incorporation. 6.2 Powers. The Board shall have all powers necessary for the administrationofthe affairs of the Association, and may exercise for the Association all powers and authority vested in or delegated to the Association (and not expressly prohibited or reserved to the Owners) by law or by the Governing Documents. The powers of the Board shall include, without limitation^ the power to: a. adopt, amend and revoke Rules and Regulations govermng the Property, not inconsistent with the Governing Docmnents; b. adopt and amend budgets for revenues, expenditures and reserves, and levy and collect assessments for Common Expenses from Owners; c. hire and discharge managing agents and other employees, agents, arid independent contractors; d. institute, defend, or intervene in litigation or administrative proceedings (i) in its own name on behalf of itself or one or more Owners on matters affecting the 3 Common Elements or other matters affecting the Property or the Association, or, (ii) with the consent of the Owners of the affected Units on matters affecting only those Units; e. make contracts and incur liabilities; f. regulate the use, maintenance, repair, replacement and modification of the Common Elements and the Units; g. cause improvements to be made as a part of the Common Elements; h. acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property; i. grant public utility easements through, over or imder the Common Elements, and, subject to approval by resolution of the Owners other than a declarant or its affiliates at a meeting duly called, grant other public or private easements, leases and licenses through, over or under the Commoii Elements; j. impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements, and for services provided to Owners; k. impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Governing Documents; l. provide for the indemnification of its officers and Directors, and maintain directors'and officers’liability insurance; m. provide for reasonable procedures governing the conduct of meetings and the election of Directors; n appoint, regulate and dissolve committees; o. exercise any other powers conferred by law or the Governing Documents, or which are necessary and proper for the governance of the Association. 6.3 Meetings and Notices. An annual meeting of the Board of Directors shall be held , promptly following each annual meeting of the Owners. At each annual meeting, the officers of the Association shall be elected. a. Regular meetings of the Board shall be held at least on a quarterly basis, at such times as may be fixed from time to time by a majority of the members of the Board. A schedule of the regular meetings shall be provided to the Directors. b. Special meetings of the Board shall be held when called (i) by the President of the Association, or (ii) by the Secretary within ten (10) days foUowirig the written request of any two (2) Directors. Notice of any special meeting shall be given to each Director not less than three (3) days in advance thereof. Notice to a Director shall be deemed to be given when deposited in the United States mail postage prepaid to the Unit address of such Director, or when personally delivered orally of in writing, by a representative of the Board. c. Any Director may at any time waive notice of any meeting ofthe Board orally, in writings or by attendance at the meeting. If all the Directors are present at a meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 6.4 Onnnim and Voting. A majority of the Directors of the Board shall constitute a quorum for the transaction of business at any meeting thereof A quorum, once established, shall continue to 4 exist, regardless of the subsequent departure of any Directors. Each Director shall have one vote. The vote of a majority of the Directors present at any meeting at which a quorum is present shaU be sufBcient to adopt any action. Proxies shall not be permitted. 6.5 Action Taken Without a Meeting. The Board shall have the right to take any action in the absence of a meeting which it could take at a meeting when authorized in a writing signed by all the Directors. 6.6 Vacancies. A vacancy in the Boardtshall be filled bv a person elected within 15 davs following the occurrence of the vacancy by a majority vote ofthe remaining Directors, regardless of their number, except as otherwise provided in Section 6.7 of this Section. Each person so elected shall serve out the term vacated. 6.7 Removal A Director may be removed from the Board, with or without cause, by a majority vote at any annual or special meeting of the Owners; provided, (0 that the notice of the meeting at which removal is to be considered states such purpose, (ii) that the Director to be remo ved has a right to be heard at the meeting and (iii) that a new Director is elected at the meeting by the Owners to fiU the vacant position caused by the removal. A Director may also be removed by the Board if such Director (i) has more than two vinexcused absences from Board meetings and/or Owners' meetings during any twelve month period or (ii) is more than 60 day s past due with respect to assessments on the Director's Unit. Such vacancies -shall be filled by the vote of the Directors as previously provided in this Section. 6.8 Compensation. The Directors shall receive no condensation for their services in such capacity. A Director, or other Owner or Occupant, may, upon approval by the Board, be retained by the Association and reasonably compensated for goods and services furnished to the Association in an individual capacity. Directors may be reimbmsed for out-of-pocket expenses incurred in the performance of their duties. SECTION 7- OFFICERS 7.1 Principal Officers. The principal officers of the Association shall be a President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors. The Board may from time to time elect such other officers and designate their duties as the Board deems necessary or desirable to manage the affairs of the Associatioa A person may hold more than one office simultaneously. Only the President must be a member of the Board. 7.2 Election. The officers of the Association shall be elected annually by the Board at its ^ual Meeting arid shall hold office at the pleasure of the Board. 7.3 Removal Upon affirmative vote of a majority of the members of the Board, any officer may be removed, with or without cause, and a successor elected, at any regular meeting of the Board, or at any special meeting of the Board called for that purpose. 7.4 President. The President shall be the chief executive officer ofthe Association, and shall preside at all meetings of the Board and the Association. The President shall have all of the powers and duties which are customarily vested in the office of president of a corporation, including. 5 without limitation, the duty to supervise all other officers and to execute all contracts and similar obligations on behalf of the Association. The President shall have such other duties as may from time to time be prescribed by the Board. 7.5 Secretary. The Secretary shall be responsible for recording the minutes of all meetings of the Board and the Association. The Secretary shall be responsible for keeping the books and records of the Association, and shall give all notices required by the Governing Dpciunents unless directed otherwise by the Board. The Board may delegate, the Secretary's administrative functions to a managing agent, provided that such delegation shall not relieve the Secretary of the ultimate responsibility for thb Secretary's duties. 7.6 Treasurer. The Treasurer shall have responsibility for all financial assets of the Association, and shall be covered by a bond or insurance in such sum and vdth such companies as the Board may require. The Treasurer shall be responsible for keeping the Association's financial books, ^sessment rolls and accormts. The Treasurer shall cause the books of the Association to be kept in accordance with customary and accepted accounting practices and shall submit therh to the Board for its examination upon request. The Treasurer shall cause all moneys and other monetary assets of the Association to be deposited in the name of or to the credit of the Association in depositories designated by the Board, shall cause the funds of the Association to be disbursed as order^ by the Board and shall perform all other duties incident to the office of Treasurer. The Board, may delegate the Treasurer's administrative fimctions to a managing agent; provided that such delegation shall not relieve the Treasurer of the ultimate responsibility for the Treasurer's duties. 7.7 Compensation. Officers of the Association shall receive no conqjensation for their - services in such capacity. An officer, or other Owner or Occupant,may, upon qyproval by the Board, be retained by die Association and reasonably compensated for goods and services furnished to the Association in an individual capacity. Officers may be reimbursed for out-of-pocket e)q)enses incurred in the perfonnance of their duties. SECTION 8 - OPERATION OF THE PROPERTY ' 8.1 Assessment Procedures. The Board of Directors shall, at least 30 days prior to the fir^ day of the Association's fiscal year, prepare a budget of Common Expenses for the Association and assess and levy such Common Expenses against the Units according to their respective Common Expense liability as set forth in the Declaration. The annual budget shall include a general operating reserve, and an adequate reserve fund for maintenance, repair and replacement of those Common Elements and parts of the Units that must be maintained, repaired or replaced by the Association on a periodic basis: a. The Board shall fix the amount of the annual assessment against each Unit and advise the Owners in writing of the assessment at least 30 days prior to the date when the . first installment thereof is due. Increases in assessments shall be subject to the ^ limitations set forth in the Declaration. The failure of the Board to timely levy an annual assessment shall not relieve the Owners of their obligations to continue paying assessment installments in the amount currently levied, as well as any increases subsequently levied. b. If an annual assessment proves to be insufficient, the annual budget and assessments 6 may be amended, or a special assessment may be levied, by the Board at anytime subject to the limitations set forth in the Declaration. The levy shall be deemed to occur upon the date specified in the resolution which fixes the assessment. 8.2 Payment of Assessments. Annual assessments shall be due and payable in monthly installments in advance oh the first day of each month of the year or other period for which the assessments are made, and special assessments shall be due when designated by the Board. All Owners shall be absolutely and unconditionally obligated to pay the assessments levied pursuant to the Governing Documents. No Owner or Occupant shall have any right of withholding, of&et or deduction against the Association with respect to any assessments, or related late charges or costs of collection. Any rights or claims alleged by an Owner may be pursued only by separate action. 8.3 Default in Payment of Assessments. If any Owner does not make payment on or before the date vdien any assessment or installment thereof is due, subject to such grace periods as may be established, the Board may assess, and such Owner shall be obligated to pay, a late charge as provided in the Declaration for each such unpaid assessment or installment thereof, together with all expenses, including reasonable attorneys' fees, incurred by the Board in co Uecting any such unpaid assessihent, as more finally set forth in the Declaration. 8.4 Records. The Board shall cause to be kept at the registered office of the Association, and at such other place as the Board may determine, records of the actions of the Board, minutes of the meetings of the Board, minutes of the meetings of the Owners, names of the Owners, and detailed and accmate records of the receipts and expenditures of the Association. All Association records, including receipts and expenditures and any vouchers authorizing payments^ shall be available for examination by Owners upon reasonable notice and during normal business hours. Separate records shall be maintained for each Unit setting forth the amount of the assessments against the Unit, the date when due, the amount paid thereon and the balance remaining unpaid. 8.5 Enforcement of Obligations. All Owners and Occupants and their guests are obligated and boimd to observe the provisions of the Governing Documents. The Association may impose any or all of the charges, sanctions and remedies authorized by the Governing Documents or by law to enforce and implement its rights and to otherwise enable it to manage and operate the Association. SECTION 9 - AMENDMENTS These By-Laws may be amended, and the amendment shall be effective, upon the satisfaction of the following conditions: 9.1 Approval The amendment must be approved by Owners who have authority to cast 75% of the total votes in the Association, in writing or at a duly held meeting of the Owners; 9.2 Notice. A copy ofthe proposed amendment and, if a meeting is to be held, notice of such meeting, shall be mailed by U.S. Mail, or hand delivered, to all Owners authorized to cast votes; and 9.3 Effective Date: Recording. The amendment shall be effective on the date of approval by the required vote of the Owners and need not be recorded. 7 ARTICLES OF INCORPORATION OF ROSE LAKE CONDOMINIUM ASSOCIATION, INC. The undersigned, being of legal age, for the purposes of forming a nonprofit corporation under Chapter 317A of Minnesota Statutes, as amended, and in compliance with the requirements thereof, does hereby incorporate ROSE LAKE CONDOMINIUM ASSOCIATION, INC. As a body corporate, not for profit, but for the purposes here conferred, and does hereby adopt these Articles of Incorporation. ARTICLE 1 - NAME The name of this Association shall be; ROSE LAKE CONDOMINIUM ASSOCIATION, INC. ARTICLE 11 - REGISTERED OFFICE or suchThe registered office of this Association shall be at ______________________ other place within the State of Minnesota as the Board of Directors shall designate. ARTICLE 111 - PURPOSES AND AUTHORITY The Association is formed generally for civic, recreational, social and community welfare purposes, and specifically for the purposes of constituting and acting as the nnit owners’ association for the platted subdivision “ ROSE LAKE CONDOMINIUMS,” situated in Otter Tail County, Minnesota (the “Property”). The property is being developed as a condominium development,. For the purposes of managing, maintaining, repairing, replacing and operation certain buildings and facilities located thereon, and for the preservation of the value and amenities of said townhouse development, and in fulfillment of such purposes, this Association shall have the power; a. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association described in the Declaration of Covenants, Conditions and Restrictions for Rose Lake Condominiums, (the “Declaration”), as the same as may be amended fi-om time to time as therein provided; b. To fix, levy, collect and enforce the payment of, by any lawfiil means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes, governmental charges levied or imposed against the aforementioned property of the Association; c. The acquire, (by gift, purchase or otherwise), own, hold improve, build upon, operate Maintain, convey, sell, lease, transfer, dedicate for public use otherwise dispose of real or personal property in connection with the affairs of the Association; d. To borrow money and, with the assent of all the Members of the Association, mortgage pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrow or debts incurred; >: e. To de(Ucate, sell or transfer all or any part of the Gommon Elements to any public agency, authority, or utility for such purposes and subject to such conditions as inay be agreed to by the Members. No such dedication or transfer shaU be effective unless an instrument hds been signed by all Members, agreeing to such dedication, sale or transfer, f. To enforce provisions ofthe Declaration, and any and all other covenants, conditions or restrictions applicable to the aforementioned property, g. To, insofar as permitted by law, and consistent with the provisions and purposes hereof and of the Declaration, do any other thing that, in the opinion of the Board of Directors, will promote the common benefit and enjoyment of the Members. ARTICLE IV- NO PECUNIARY GAIN TO MEMBERS This Association shall not afford pecuniary gain, incidentally or otherwise, to its Members. None of its Members shall be personally liable for corporate debt. Members, however, shall be liable to this Association for the assessments as specified in the Declaration. ARTICLE V- MEMBERSHIP Every Owner, as defined in the Declaration, shall be a Member of this^y^sociation. Membership in this Association shall be appurtenant to and may not be separated from the above- described ownership interest in each such Unit. ARTICLE VI- VOTING RIGHTS This Association shall not have capital stocL Members shall be entitled to one vote for each Unit owned. When more than one person holds the interest in a Unit required by Article V for membership, all such persons shall be Members, but the vote for such Unit shall be exercised as they among themselves shall determine, subject, however, to the limitation that no more than one vote may be cast with respect to any Unit and the further limitation that no vote may be split. Notwithstanding the foregoing. Declarant, as defined in the Declaration, shall have the right to control the operation and administration of the Association, including without limitation the power to appoint and remove the members ofthe Board, until such time Declarant has sold 5 ofthe 7 Units. The right of any Member to vote and the right of any Member, the Member's femily or guests to use any recreational facilities, if any, that may be acquired by the Association shall be suspended Hnring any period in which such Member shall be in defeult in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for any infr^tion of any rules or regulations adopted by the Associatioa ARTICLE Vn - BOARD OF DIRECTORS The business and affairs of this Association shall be managed by a Board of Directors consisting of three (3) directors, or such other number of directors as may be determined in accordance with the By-Laws. All directors shall be Owners, or a duly authorized representative of the Owner if the Owner is a corporation, partnership, limited liability company, or other entity that has the capacity to. hold title to real estate. Until such time as Declarant no longer owners any portion of the Property, or until Declarant voluntarily surrenders its rights under this Article VII, Declarant shall have the right to appoint all directors. The first Board shall consist of the following three (3) directors; ADDRESS 12211 198* St. E, Hasting, MN 55033 18020 St. Croix Trail N, Marine On St. Croix, MN 55047 10600 67* St. Cottage Grove, MN 55016 NAME Robert Wasvick Steve Welter Brian Wilkinson ARTICLE Vm - ELECTION OF DIRECTORS As such time as Declarant has sold or transferred 3 of the 5 Units, or upon the resignation of the first board of directors, a meeting of the Owners shall be held at which the Owners shall elect a new Board of Directors. The three (3) nominees that receive the most votes shall serve a Directors. The elected Director obtaining the highest number of votes shall be elected for a term of three years; the Director obtaining the second highest number of votes hall be elected for a term of two years; and the Director receiving the third highest number of votes shall be elected for a term of one year. At each aimual meeting thereafter, the Owners shall elect a number of Directors sufficient to replace any Directors whose terms are expiring. After the first Board elected by the Owners, all terms of Directors hall be two years provided that a Director shall continue in office until a ^ successor is elected. ■■•I ■ •U ARTICLE IX - WRITTEN ACTION BY DIRECTORS ■i.Any action required or permitted to be taken at a meeting of the Board of Directors may be taken by written action signed by the number of Directors that would be required to take the same action at a meeting of the Board at which alt Directors were present..r ARTICLE X - DIRECTOR LIABILITY To the fullest extent permitted by Chapter 317A, Minnesota Statues, as the same exists or may hereafter be amended, a Director of this Association shall not be personally liable to the Association or its Members for monetary damages for breach of fiduciary duty as a Director. -r ARTICLE XI - DURATION The duration of this Association shall be perpetual. ARTICLE XII - DISSOLUTION This Association may be dissolved only with the written consent of Members entitled to cast at least 75% of all votes in the Association. Written notice of a proposal to dissolve, setting forth the reasons therefor and the disposition to be made of its assets (which shall be consistent with Article XHI shall be mailed to every Member at least ninety (90) days prior to any meeting at which such dissolution shall be voted upon. i •> 3 XTTT hereof) Shall be mailed to every Member at least ninety (90) days prior to any meeting at which such dissolution shall be voted upon.'i ARTTn .E xm - DISPOSITION OF ASSETS UPON DISSOLUTION Upon dissolution of this Association, all of its property and assets, both real and personal, including but not limited to sewer and water lines if any, first shall be dedicated or transferred to any appropriate municipality, public agency or utility, or if such transfer or dedication be refused, such assets then shall be granted, conveyed and assigned to any nonprofit corporation, association, or other entity, to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by this Association. No disposition of the assets of this Association, No disposition of the assets of this Association shall be effective to divest or diminish any vested right or title of any Member in any such assets arising imder recorded covenants and deeds applicable to such assets unless make in accordance with the provisions of such covenants and deeds. ARTICLE XIV - AMENDMENTS These Articles of Incorporation may be amended with the assent of 75% of the Members. ARTICLE XV - DEFINITIONS Capitalized terms shall have the meaning set forth in the Declaration. i.ARTICLE XVI - INCORPORATOR The following person constitutes the incorporator who is forming this Association: ADDRESS 12211 198* St. E. Hansting, MN 55033 18020 St. Croix Trail N. Marine On St. Croix, MN 55047 10600 67* St Cottage Grove, MN 55016 NAME Robert Wasvick Steven Welter Brain Wilkinson IN WITNESS WHEREOF, the imdersigned has hereunto executed these ARTICLES OF day of • j INCORPORATION effective this , 2006. Steven WelterRobert Wasvick Brain Wilkinson 4 « STATE OF MINNESOTA ) )SS. )COUNTY OF j 2006, before me, a notary public, personally appeared Robert Wasvick, Steven Welter, Brian Wilkinson, the incorporators of Rose Lake Condominium Association, Inc. To ■ me know to be the person described in and who executed the foregoing instrument and acknowledged that they executed the same as his free act and deed. day ofOn this Notary j ; A ' :• "r't "r DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP FOR ROSE LAKE CONDOMINIUMS j 2006 by, Robert Wasvick, Steve Welter, Brianday of Wilkinson, (the “Declarants”), for the purpose of creating Rose Lake Condominiums in the accordance with the recorded plat or plat to be recorded of Rose Lake Condominiums. Declarant is the owner of real property located in Otter Tail County, Minnesota, described as follows; Section 08, Township-127, Range-040, 4.00 PT GL 8 COM MC #66 W 317.2', NE 369.3 r TO BG, NE 475.51' SE 382.25' TO LK, SWLY TO PT SE FROM BG, NW 405.3'TO BG This Declaration is made on this (Legal description to be taken from abstract for complete legal) (Referred to herein as the “Property”) Declarants desires to establish on the Property, a plan for residential condominium community to be owner, occupies and operated for the use, health safety and welfare of its Owners and Occupants, as for the purpose of preserving the value, the structural quality, and the original architectural and aesthetic character of the property; and Declarant s have deemed it desirable for the preservation of the value of the Property to create a non-profit corporation for the purposes of administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and; Declarants have incorporated Rose Lake Condominium Associates, Inc. a non-profit corporation under the provisions of Minnesota Statues Chapter 317A, for the purpose of exercising such functions; and Declarants makes the Declarations, declaring the this Declaration shall constitute covenants to run with the Property, and that the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any rights, title or interest therein, and their heirs, personal representatives, successors and assigns. SECTION 1 - DEFINITIONS The following words when used in the Governing Documents shaU have the following meanings (unless the context indicates otherwise); “Association” me^s Rose Lake Condominium Association, Inc., a non profit corporation that has been created pursuant to Chapter 317A of the laws of the State of Minnesota, whose members consist of all Owners as defined herein. “Board” means the Board of Directors of the Association. 1.1 1.2 1.3 “By-Laws” means the By-Laws governing the operation of the Associa.tion. 1.4 “Common Elements” means all the Property except the Units. 1.5 “Common Expenses” means all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitations allocations to reserves and those items specifically identified as Common Expenses in the Declaration or By-Laws. 1.6, “Dwelling” means a part of a building consisting of one or more floors, designed and intended for occupancy as a single family residence, and located within the boundaries of a Unit. 1.7 “Governing Documents” means this Declaration, the Articles of Incorporation and By-Laws of the Association, and any Rules and Regulations, as amended from time to time, all of which shall govern the use and operation of the Property. 1.8 “Members” means all Persons who are members of the Association by virtue of being Owners as defined in the Declaration. The words “owner” and Member” may be used interchangeably in the Governing Documents. 1.9 “Occupant” means any Person in possession of or residing in a unit. 1.10 “Owner” means a Person who owns a Unit, but excluding contract for deed vendors, mortgagees and other secured parties. The term”Owner” included, without limitation, contract for deed vendees and holders of life estates. 1.11 “Party Wall” means the shared wall between two Dwellings. 1.12 “Person” means a natural individual, corporation, limited liability company, partnership, trustee or other legal entity capable of holding title to real property. 1.13 “Property” means all of the real property subject to this Declaration, including the Dwellings and all other structures and improvements located thereon now or in the future. 1.14 “Rule and Regulations” Means the Rules and Regulations of the Association as approved fi'om time to time pursuant to this Declaration. 1.15 “Unit means any parcel subject to this Declaration upon which a Dwelling is located or intended to be located, including all improvements thereon, but excluding the Common Elements. There are currently five (5) units, specifically Units 1, 2, 3, 4, 5. Each Unit constitutes a separate parcel of real estate. The The garage on the plat is not a Common Element but rather is appurtenant to and part of Unit 1. ■'l' 2 SECTION 2 - COMMON ELEMENTS Ownership The Common Elements are owned by the Association for the benefit of the Owners and Occupants. At Declarant’s option. Declarant may deed any subdivided dveloped portion of the Property, to the Association for use as a Common Element. Use The Common Elements shall be subject to appurtenant easements for services, public and private utilities, access, use and enjoyment in favor of each Unit and its Owners and Occupants; subject to the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. Maintenance Subject to the terms of this Declaration, all maintenance, repair replacement, management and operation of the Common Elements shall be the responsibility of the Association. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be Assessed and collected from the Owners in accordance with this Declaration. 2.1 2.2 2.3 SECTION - ASSOCIATION MEMBERSHIP Membership. Each Owner shall be a Member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner’s interest in the Unit. An Owner’s membership shall terminate when the Owner’s ovmership terminates. When more than on Person is an Owner of a Unit, each such Person shall be a member of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit not authorize the division of the voting rights. Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units, except that special allocations of Common Expenses shall be permitted as provided in Section 5. Appurtenant Rights and Obligations. The ownership of a unit shall include the voting rights and Common Expense obligations described in this Declaration. Said rights. Obligations and interests, and the title to the Units, shall not be separated or conveyed separately. Authority to Vote. The Owner, or some natural person designated to act as a proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association” provided that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the By-Law may cast such vote. The voting rights of Owner are more fully described in the By-Laws. Declarant Control. Notwithstanding the voting provisions of this Section, Declarant may appoint all Board Members and officers of the Association until the Declarant has sold or transferred 3 of the 5 units. 3.1 3.2 3.3 3.4 3.5 3 SECTION 4 ADMINISTRATION 4.1 General. The Association shall, subject to the rights of the Owners set forth in the Governing Documents, be responsible for the operation, management and control of the Property. All power and authority of the Association shall be vested in the Board, unless action or approval by the Owners is specifically required by the governing Documents. 4.2 Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary fi-om time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property, provided that the Rules and Regulations shall not be inconsistent with the Governing Documents.... t SECTION 5 - ASSESSMENTS FOR COMMON EXPENSES 5.1 General. The assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents, in the Property and for the Improvements and maintenance of the Common Elements and other areas that the Association is obligated to maintain as provided herein. 5.2 Amounts and Types. Assessments for Common Expenses shall be determined and assessed against the Units by the Board, in its discretion, subject to the limitations set forth in this Section, and the requirements of the By-Laws, Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments shall be allocated equally among the Units, subject to the following Qualifications: Any Common Expense or portion thereof benefiting fewer than aU of the Units May be assessed exclusively against the Units benefited, on the basis of (I) Equality, (ii) square fotrage of the area being maintained, repaired or replaced, or (lii) the actual cost incurred with respect to each Unit, b Reasonable attorney’s fees and other costs of incurred by the Association in Connection with (I) the collection of assessments and (ii) the enforcement of the Governing Documents against an Owner of Occupant of their guests, may be Assessed against the Owner’s Unit. If any damage to the Common Elements or another unit is caused by the act or Omission of any Owner or Occupant, or their guests, the Association may assess The costs of repairing the damage exclusively against the Owner’s unit, d. If any installment of an assessment becomes more than 30 days past due, the then Association may, upon 10 days written notice to the Owner, declare the entire Amount of the assessment immediately due and payable in full. a C T' 4 5.3 Special Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy special assessments against all Units for the purpose of defraying in whole or in part (I) the cost of any unforeseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other purposes related thereto. Notwithstanding the foregoing, any special assessment shall be Subject to approval by the vote of a majority of those Owners voting a meeting called for that purpose. 5.4 Liability of Owners for Assessments. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. The Association may invoke the charges, sanctions and remedies set forth in the Governing Documents or by the law, for the purpose of enforcing its rights hereunder. 5.5 Declarant’s Alternative Assessment Program. Notwithstanding anything to the contrary in this'Section, no Unit owned by Declarant shall be subject to any assessment whatsoever. Until such time as the Unit is occupied as a residence. , 5.6 Assessment Lien. The Association has a lien on Unit for any assessment levied against that Unit from the time the first installment of the assessment becomes due. Fee, charges late charges, fines and interest charges imposed by the Association are also liens, and are enforceable as assessments under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of the lien is required. 5.7 Foreclosure of Lien: Remedies. A lien for Common Expenses may be foreclosed against a Unit (I) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against fine Owner who fails to pay any assessment or charge against the unit. SECTION 6 - RESTRICTIONS ON USE OF PROPERTY . All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Governing Documents, the occupancy, use, operation, alienation and conveyance of the property shall be subject to the following restrictions: 6.1 Residential Use. The Units shall be used by Occupants and their guest exclusively as private, single family residential dwellings. 6.2 Leasing. Leasing of Units shall be allowed. All leases shaU provide that they are subordinate and subject to the provisions of the Governing Documents. 6.3 Driveways and Parking Areas. No use of the driveways or parking areas within the property shall be made so as to cause a nuisance or to block any parking areas or driveways that are dedicated to a particular Unit. 5 Alterations. Except for those made by Declarant, no alterations, changes, improvements, repairs, or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as “alterations”) shall be made, or caused or allowed to be made, by any Owner or Occupants, or their guests, to any improvements on the Property that the Association is responsible for maintaining. No alterations may be made to the exterior of any unit, without written consent of the Association. Unsightly Articles. No unsightly articles shall be permitted to remain on any part of the property so as to be visible from adjoining property or public or private thoroughfares. Animals. No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any portion of the Property. No animals of any kind, shall be raised, breed or kept on any portion of the Property except dogs, cats or other ordinary household pets. 6.4 6.5 6.6 SECTION 7 - MAINTENANCE Maintenance bv Association. The Association, subject to the rights of the Owners as set forth in the Declaration, shall be responsible for, and be vested with, the exclusive management, control and maintenance of the Common Elements. Optional Maintenance bv Association. In addition to the maintenance described in this Section the Association may, with the approval of a majority of Owners, undertake exterior maintenance to the Units. Maintenance bv Ovyner. Except for the maintenance required to be provided by the Association under this Section 7, all maintenance of the Dwellings and Units shall be the responsibility and expense of the Owners thereof Septic System Maintenance. There is currently one septic system located on the Property . to service all 5 units. The Association, subject to the ri^ts of the Owners as set forth In this Declaration, shall be responsible for, and be vested with, the exclusive Management, control and maintenance of the septic systems, provided notwithstanding anything contained in the Declaration to contrary, the expenses to maintain, repair and replace. 7.1 7.2 7.3 7.4 SECTION - 8 EASEMENTS Easement for Maintenance. Repair. Replacement and Reconstruction. Each unit, and the rights of the Owners and Occupants thereof shall be subject to the rights of the Association to any exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent to fulfill the Association’s obligations under the Governing Documents. Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street highway on or across the Common Elements as shown on the plat subject to any restrictions set forth in the Declaration. 8.1 8.2 6 8.3 Use and Eniovment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, subject to any restrictions authorized by the Declaration. 8.4 Utilities Easements. The Property shall be subject to non-exclusive, appurtenant : easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the plat of the Property, or as otherwise described in the Declaration or any other duly recorded instrument. Each unit, and the rights of the Owners and Occupants thereof shall be subject to a non­ exclusive easement in favor of the other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utilities companies providing service to the units for the installation and maintenance of utilities metering devices. SECTION 9- COMPLIANCE AND REMEDIES Entitlement to Relief The Association may commence legal action to recover sums due, for damages, for injunctive rehef or to foreclose a lien owned by it, or any combination thereof or any action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents. Sanctions and Remedies. In addition to any other remedies, the Association shall have the right, but not the obligation, to implement anyone or more of the following actions against the Owners and Occupants and/or guests, who violate the provisions of the Governing Documents; Commence legal action for damages or equitable relief Impose late charges of up to fifteen percent (15%) of each late payment of an Assessment or installment thereof In the event of default or more than sixty (60) days in the payment of any Assessment or installment thereof, all remaining installments of assessments Assessed against the Unit owner by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Impose reasonable fines, penalties or charges for each violation of the Governing Documents. Foreclose any lien arising under the provisions of the Governing Documents or Under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the Property is located. 9.1 9.2 a. b. c. d. e. 7 Costs of Proceeding and Attorneys’ Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to - enforce the provisions of the Governing Documents whether or not finally determined by a court or arbitrator, the Association may assess the violator and his Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys’ fees, and interest (at the highest rate allowed by law) on the delinquent amounts owned to the Association. 9.3 SECTION 10 - SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following rights for as long as it owns a Unit: 10.1 Complete Improvements. To complete all the units and other improvements indicated on the Plat, or otherwise included in Declarant’s development plans or allowed by this Declaration, and to make alterations in the units and Common Elements to accommodate its sales facilities; 10.2 , Sales Facilities. To construct, operate and maintain a sales office, management office, model Units and other development, sales and rental facilities within the Common Elements and any Units owned by Declarant fi-omtime to tiine, located anywhere on the Property. 10.3 Easement. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Elements for the purpose of exercising its special declarant rights; 10.4 Control of Association. To control the operation and administration of the Association including without limitation the power to appoint and remove the members of the Baord, until such time as Declarant has sold or transferred 3 of the 5 units. SECTION 11 AMENDMENTS This Declaration may be amended by the consent of Owners of Units to which are allocated at least seventy-five (75%) of the votes in the Association and the consent of Declarant for so long as Declarant ownsany portion of the Property. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the By-Laws. Consents of the Declarant shall be in writing. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including withput limitation, the recording of the amendment. 8 SECTION 12 - MISCELLANEOUS ■%- Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever. Such determination shall not be deemed to alter, aflFect or impair in any manner any other portion of this instrument or exhibits. Conflicts Among Documents. In the event of any conflict among the provisions of the Act the Declaration, By-Laws and Rule and Regulationsj the Declaration shall control, and as between the By-Laws and the Rules and Regulations, the By-Laws shall control. Minnesota Common Interest Ownership Act. Pursuant to Minnesota Statues Section 515B. l-102(e) (2) (2002), the Association is not subject to Minnesota Common Interest Ownership Act. 12.1 12.2 12.3 ■'-1 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year set forth below. Robert Wasvick Steven Welter Brian Wilkinson )STATE OF MINNESOTA )SS. COUNTY OF The forgoing instrument was acknowledged before me this 2006, by Robert Wasvick, Steven Welter and Brian Wilkinson. day of ¥ Notary Public CONSENT OF MORTGAGEE j is the certain mortgageTHE UNDERSIGNED, ^ 200__, and recordeddated_____________ 200_^ as Document No. Minnesota, hereby consents to this Declaration and the creation of the condominiums thereby . , in the real estate records of Otter Tail County, BY: Its; STATE OF; )SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2006, ofj theby corporation on^ a behalf of said corporation. c.' This instrument was drafted by: ..W3 Investment, LLC 12211 198*^ Street E. Hastings, MN 55033 Telephone no., 651-438-0488 1 ■'J .i: :