HomeMy WebLinkAboutThe Boardwalk at Balmoral_46000310116026_Memos,Correspondences, File Notes_.'Jill Kalar
Robert Monk <robertmonk78@gmail.com>
Monday, November 20, 2017 9:37 AM
Bill Kalar
MONK, ROBERT(SITE).pdf
MONK, ROBERT(SITE).pdf
From:
Sent:
To:
Subject:
Attachments:
Bill,
Attached is a preliminary / simplistic drawing of what I discussed with you about the potential buildings for the
Boardwalk site.
Please give me a call and we can briefly discuss this prior to me driving into your office. I'll be happy to set up a time
to meet at your office once we have a bit more planned.
Regards,
fiecewed
2 J 2017
iand&resoobce
Robert Monk
Balmoral Realty
(218)731-1135
www.balmoralrealestate.com
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DISCLAIMER OF WARRAhniES
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CONCEPTUAL
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THESE FLOOR PLANS HAVE BEEN RECORDED AS PART OF THE DECLARATION FILED AS
ON THE DAY OF
19 , IN THE OTTER TAIL COUNTY RECORDERS OFFICE.
'79^r/DOCUMENT NUMBER >7.
A.D • r
CONDOMINIUM NUMBER 9 PREPARED BY:
"The Boardwa/k of Ba/mora/ - a Condom/nium "923 South Oak Street
Fergus Falls, Minnesota 56537
Phone: 218-739-4920a-\
I, hereby certify that this Survey,
supervision and that I am
of Minnesota.
Plan or Report was prepared by me or under my direct
a duly Registered Land Surveyor under the laws of the State
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FLOOR PLANS (As Built) _
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Marsha Bowman
Marsha Bowman
Wednesday, May 15, 2019 3:12 PM
Robert Monk
Chris LeClair
RE: Boardwalk at Balmoral; (40276 Otter Rd. Battle Lake)
From:
Sent:
To:
Cc:
Subject:
Hi Robert - I discussed your question on placing an RCU on Unit 7 and he determined that this is a change from what
was approved in Conditional Use Permit #3600. Therefore, a new Conditional Use Permit is required.
If you have any questions, please contact me.
Have a nice afternoon, Marsha
Hariha^Bcnuma^v
OfftceyAdmoni^cUor
Lcmd'fr Rciou+'ce-Management
Gsc, 540 r; Fi*-
Fer^FcMy, FihJ 56537
218-998-8099
OTTER TAIL
COUNTY • MINNESOTA
From: Robert Monk <robertmonk78@gmail.com>
Sent: Wednesday, May 15, 2019 12:27 PM
To: Marsha Bowman <MBowman(§)co.ottertail.mn.us>
Cc: Chris LeClair <cleclair@co.ottertail.mn.us>
Subject: Re: Boardwalk at Balmoral; (40276 Otter Rd. Battle Lake)
Thank you.
Robert D. Monk
Balmoral Realty
(218) 731-1135
www.balmoralrealestate.com
On Wed, May 15, 2019,12:16 PM Marsha Bowman <MBowman(5>co.ottertail.mn.us> wrote:
Robert - Thanks for your update. However, I did get your phone message regarding placing a camper (RCU) on Unit
7. I will discuss this with Chris and we will get back to you and let you know the process.
!Marsha
Marsho/Bowmcuv
Office'AdAYiiniitrator
Lcmd'ir Reioorce'Management
QSC, 5W U; F£n
1
fergui-roily, MW 56537
218-998-8099
a
I
From: Robert Monk <robertmonk78(5)gmail.com>
Sent: Wednesday, May 15, 2019 11:37 AM
To: Marsha Bowman <MBowman(5)co.ottertail.mn.us>
Cc: Chris LeClair <cleclair(5)co.ottertail.mn.us>
Subject: Re: Boardwalk at Balmoral; (40276 Otter Rd. Battle Lake)
Marsha,
Thank you for the information.
! It's a lot of work changing things. I think I'm Just going to leave things as they are for now.
Thanks again for you help and for answering my questions.
Robert D. Monk
Balmoral Realty
(218)731-1135
www.balmoralrealestate.com
On Wed, May 15, 2019,11:26 AM Marsha Bowman <MBowman(5)co.ottertail.mn.us> wrote:
Hi Robert,
I checked our file on Boardwalk at Balmoral and found notes from discussions you had with our Office in 2017. It
appears that Conditional Use Permit #3600 (attached) allows 7 units and 7 garages. It appears from your email
(below), you may be considering subdividing the land, and having 7 seasonal campers onsite. This would be
considered a change in use and a new Conditional Use Permit and/or Variance may be required. I suggest that if
you have a proposal that is different than the use allowed in Conditional Use Permit #3600, you schedule a Pre-
Application Meeting with Chris LeClair (Administrator) of our Office to discuss the necessary process(es).
I However, if your proposal is to replace the structure(s) as approved in Conditional Use Permit #3600, it may be
' ' done through the Site Permit process. And at that time, the septic system will inspected for compliance.
2
Marsha
Marsho/'BowmoAV
Office'Admlnlity-ator-
Leuui/£r Ke.iOurce'Mccna.^ement
aSC, 540 W fiA'
fer^iM'fcdlU', MW 56537
218-998-8099
From: Robert Monk <robeitmonk78@gmail.com>
Sent: Wednesday, May 08, 2019 11:17 AM
To: Marsha Bowman <MBowman@co.ottertail.mn.us>
Subject: Boardwalk "CIC" (40276 Otter Rd. Battle Lake)
Hi Marsha,
I spoke to you about the possibility of using the property to park seven (7) seasonal campers on the site. Presently there are
seven individual tax parcels, legal descriptions, etc.
■r-
The garages were detached and did not burn down during the fire. I am also considering selling each individual parcel
separate.
I understand thatthe sewer/ drain field would most likely need to be brought into compliance as well.
Please understand this is only a preliminary proposal and the details would need to be dealt with in future meetings etc.
I appreciate you help on this matter.
3
Best Regards,
Robert Monk
Phone: (218) 731-1135
I Email: robertmonk78@email.com
i
Mail Address:
28583 State Highway 78
BATTLE LAKE, MN 56515!
4
otter Tail County Web Map
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Marsha Bowman
Marsha Bowman
Wednesday, May 15, 2019 11:26 AM
Robert Monk
Chris LeClair
RE: Boardwalk at Balmoral; (40276 Otter Rd. Battle Lake)
SKM_454el9051510500.pdf
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Robert,
I checked our file on Boardwalk at Balmoral and found notes from discussions you had with our Office in 2017. It
appears that Conditional Use Permit #3600 (attached) allows 7 units and 7 garages. It appears from your email
(below), you may be considering subdividing the land, and having 7 seasonal campers onsite. This would be
considered a change in use and a new Conditional Use Permit and/or Variance may be required. I suggest that if you
have a proposal that is different than the use allowed in Conditional Use Permit #3600, you schedule a Pre-
Application Meeting with Chris LeClair (Administrator) of our Office to discuss the necessary process(es).
However, if your proposal is to replace the structure(s) as approved in Conditional Use Permit #3600, it may be done
through the Site Permit process. And at that time, the septic system will inspected for compliance.
Marsha
Hanha^BcnvymMV
Oflice'AdmXAxCitrator
L(M\d/6r J2e40u+'C€^Mcma^ement
65C, 540 W Fi>-
fer^faUi-, MN 56537
218-998-8099
? OTTER TAIL
COUNTY - MINNESOTA
From: Robert Monk <robertmonk78@gmail.com>
Sent: Wednesday, May 08, 2019 11:17 AM
To: Marsha Bowman <MBowman@co.ottertail.mn.us>
Subject: Boardwalk "CIC" (40276 Otter Rd. Battle Lake)
Hi Marsha,
I spoke to you about the possibility of using the property to park seven (7) seasonal campers on the site. Presently there are
seven individual tax parcels, legal descriptions, etc.
The garages were detached and did not burn down during the fire. I am also considering selling each individual parcel separate.
I understand that the sewer/ drain field would most likely need to be brought into compliance as well.
Please understand this is only a preliminary proposal and the details would need to be dealt with in future meetings etc.
I appreciate you help on this matter.
Best Regards,
Robert Monk
Phone:(218)731-1135
1
Email: robertmonk78(5)gmail.com
Mail Address:
28583 State Highway 78
BATTLE LAKE, MN 56515
2
673^30
- APPLICATION FOR CONDITIONAL USE PERMIT -
Shoreland Management Ordinance
Otter Tail County
Fergus Falls, Minnesota 56537
88February 18 Application Fee $ 10«00
31 Twp. ^34
Rec. No.19Date:
Legal description of land: Lake No. 56-242
Ottertail
Otter Tail39 Twp. NameRange
GDLake ClassLake Name
to
Legal Description:
t;r>v\.«w-
Parcel Number:
Project Description:
'"We wish to concert the existing mall to a maximum of 8 condominium units*
An 8 stall garage would be added to the property .
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPL\C\ANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
P.O. 220Address:
Milan, MN 56262Paul I. Thompson^Rol^rt MarxOwner:
Bus. Ph. 612-734-4444Home Ph. 612-734-4443Applicant Signature:uX 7L_i T'OO P- .Y\Time:, 19Date of hearing:+
Conditional Requirements:
AppAouad a maxAjmm oi 7 condo unUti and 7 ganageA; atio to pchmtt
the conAtAaction ol the addition OA.AcqacAtcd on the duawlng.
This application is hereby recommended for approval by the Otter Tail County Planning Advisory Conjinission.
OfiSce of County Raconler
County of Otter Tan
I iwsfcv cMly M UN tiMw IMU.
"*• • »w o«e« tor mmlon ih«r^ ApproMfid by the Board of County Commissioners of Otter Tail County this
A.O 19
/Chairman
11/B Z^19
SO££j,gj_yseJ^ig^jjjssued in accordance with compliance with existing Conditional Requirements and Special Regulations and
,,9iiMinnesota Commissioner of Natural Resources notified this day of
3^00CONDITIONAL USE PERMIT NO.
MKL0871-01-01 Ma/edim K. Lee, Shoreland Administrator
Otter Tail County, Minnesota220707 @ VICTOR LUNOeCH CO.. RRINTCRt. FCROUS TALUS. MINN.
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A.D.. 1»ca TBI BAT OP
II tbB orm.TML ujovTi ucomns opticb.CONDOMINIUM NUMBER 9
PUP ABO BT;
. 9»The Boardwalk atBa/moraf - a Condominium"923 Sovtb
PBr^na Pall- Ptea*:Oak StTMt
la, Uantaata S
I 215-739-4920
5S37
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I hareby cartify that tbla Sonrty, Plan or B^ort vaa praparad by a* or siidar ay
tbat I a* a daly Ba^atarad Land Sarrayor onder tha lava of tba
diract
6uta
FLOOR PLANS lAsBulli),'....
atrAndaraoD {Htitoaaota Raqlatratioo mbar 14S7C)
kagnat 5, \9B8
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ARAGE UN (As BulltJ ITS);!kI
AeaWMKA'.mou
LAUNDRY-.
5 ■,mr 2IMT /I !,k 5{s !o V,, jq;j latT 3j !k !fiOl k 5s kL.8!I I
rr !S !Uffj' WMow \.!aaa a aD£C/C
■hrt CONCRETE APRON! DECK s 5 ■S
STEPS__' 1
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aeaiijnad and aia part of tha daiiqnatad unita.
eoBpletad and aaat ba built: Tha deck'adjoining tha__Tha foll-w ,ip itaaa ara
and ^....drv .'oea adjacent
tehanical
Unit 3, tha nachanieal -Shaft (Elaetrical) and Accea»tMT 4 ;SCALE: /INCH = LO FEETCOURT YARD doors,(ha
and a portion of the Deck becwacn units 6 and 7.
amt4m4COTttf0at$ri0!I5
The decks > < steps howt
Tha Hach,.' t) Recu. Laundry Rooo,
All pi ope c ' leithin
Sea sheet of 2 sheets for
parage »
Units I
coanon aleacnts./
r~MECHAMCAL SHAFTi^MnO
4e€**i Oaoff Li^ t* SUBf
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boundaries Including Court yard Parking Lot"‘3Jo CONCRETE APRONVJW-location and outside dloenslons of the buildinga and$i ■q=r5
jh 7 interconnected with a eooon roof.
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<nk<bI!iMT S !k 5 EL J b *k:DECK • 4oon^ma«trt0 \II;ttiE1*
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iW'T^DECLARATIONS OF COVKNANTS CONDITIONS AND RESTRICTIONSFOR THE DOARDWALk AT BALMORAL, X CONDOMINIUM ,
Condominium # 9
i
THIS DECLARATION is made by Paul Thompson, ("Declarant"),
pursuant to the Minnesota Uniform Condominium Act (the "Act").
ARTICLE I. GENERAIL ^k0Vl.SI0NS
Section 1. Purpose. The purpose of this Declaration is to
submit certain real property herein described and the xmprovements
v.hereon to the condominium form of ownership and the use and the
manner provided by Chapter 515A of the Minnesota Uniform Condo-
miniiun Act.
Section 2. Name and Number of Condominium. The name of the condominium is The Boardiwalk at Balmoral, a Condominium, and its
number 9.
Section 3. Location and Legal Description. The condominium
is situated in Otter Tall County, Mlnn'tsota, and the legal
description of the property included in the condominium is described as follows, to-wit;
That part of Lot Three (3), Section Thirty-one (31), Township One Hundred Thirty-four (134), Range Thirty-nine (39),
described by metes and bounds as follows, to-wit: Beginning
at an iron monument at the Southwest corner of Section
Thirty-one (31), Township One Hundred Thirty-four (134),Range Thirty-nine (39) , Otter Tail County, Minnesota; t)^ence
running East along the South line of said Section Thirty-one
(31), a distance of 80 feet; thence North 36°S5' East a
distance of 2517 feet, (as measured along the center line of
Trun)c Highway No. 78 as now constructed) to an iron spike in center line of said highway; thence South 57°05' East a
distance of 48 feet to an iron stake on the easterly limits of said highway and which iron stake is the point of begin
ning; thence running South 70“05' East 67 feet to iron
stake; thence South 44°45' East 81 feet to iron stake; thence South 00°50' West 315.4 feet to Iron stake; thence North 73°30' West 369.5 feet to iron stake at said easterly
highway limits; thence North 36°55' East along said easterly limits of highway a distance of 370 feet to the point of beginning, containing 1.87 acres.
■
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ARTICLE II.
DEFINITIONS
The definitions and all other provisions contained in the Act shall apply to this condominium unless expressly negated or
modified.
ARTICLE III. DESCRIPTION) OF UNITS
Section K Plat. The Condominium Site Plan, describing the
real property upon which the units are constructed, is attached
as Exhibit A.
Section 2. Improvements.
(a) This condominium townhouse development consists of
seven (7) units. The improvements are constructed
substantially in accordance with the plans and speci
fications prepared by Johnson, Sheldon & Sorenson of Montevideo, Minnesota. The dimensions of each unit are as reflected in the floor plans attached hereto as
Exhibit B, which also show the location of the indi
vidual units in relation to one another and the immedi
ate common elements to which it has access.
(b) The description or delineation of the boundaries of the units are the walls, floors and ceilings, is an opening in a wall for a door, window or other aperture, the boundary of the unit is an Imaginary plane consisting of an extension of the wall across any such aperture of the wall and if the entire partition consists of a door or window, then such boundary is the inner surface of the door or glass in the window, and
the same extended.
Where there
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ARTICLE IV.
ALLOCATION OF INTEREST IN COMMON ELEMENTS, EXPENSES AND VOTES
The fraction or percentage of the undivided interest in the
common elements and common expenses shall be one-seventh (l/7th)
for each unit and each unit shall be entitled to one (1) vote in the Association.
ARTICLE V.
COMMON EXPENSE ASSESSMENTS
Section 1. Generally. Assessments for common expenses shall be governed by Section 515A.3-114 of the Act.
Section 2. Acceleration of Payment. The Association may
provide that assessments may be paid monthly or at other intervals.:
2
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If default 1b made in the payment of the installments, the
Association may declare the entire annual assuesment to be accelerated and to be immediately due and payable.
Section 3. Late Charges. Fees, charges, late charges, and interest charges provided for in Paragraphs 515A.3-102 (8), (9),
and (11) of the Act shall be deemed to be assessments and will constitute a lien and are enforceoble in accordance with Section
315A.3-11S of the Act.
ARTICLE VI. ALTERATION OF UNITS
No unit owner shall be permitted to unit that impair the structuralGeneraliSection 1. _____make any Improvements to integrity or mechanical systems or lessen the support of any part of the condominium.
lis
Section 2. Consent of the Association. A unit owner shall submit a written petition to the Association before making any alterations or Improvements to a unit. Unless the Association
gives the unit owner a notice requesting further information,
denying or limiting Itj consent within thirty (30) days after
delivery of the petition to the Association, the consent may be
presumed by the unit owner.
Section 3. Plans and Specifications. The Association may request that a unit owner furnish adequate plans and specifications
to describe the nature of the proposed changes and alterations.
Section 4. Indemnification and Deposit. The Association
may require that a unit owner execute an indemnification agreement providing that he will indemnify and hold harmless the Association and any other unit owner from mechanic's liens or other claims
arising from alterations and modifications of the units.
ARTICLE VII.ENVIRONMENTAL CONTROL; LANDSCAPING OF COMMON ELEMENTS
No building, fence, wall or other structure shall be commenced, erected or maintained upon the common elements, nor shall any exterior addition, change or alteration be made to any such
building, fence, wall or other structure by any person other than
Declarant until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same
shall have been submitted to, and approved in writing, as to
harmony of external design and location in relation to surrounding
structures and topography by the Board of Directors of the Association or by an environmental committee of the Association, appointed by the Board. Also no improvement or structure of any kind on the common elements subject to assessment shall be
3
painted, decorated or colored in any way on the exterior by any peruon other than Oeclarant without prior written approval of the
Board of Oirectore of the Aasuuiation or said environmental committee.
common elements, nor shall any sculptures or works of art or any
ornamental lighting be placed outside of any.unit, by any person other than Oeclarant without prior written approval of the Board of Directors of the Association or said environmental committee.In the event said Board or its designated committee fails to
approve or disapprove such design and location, or such painting,
decorating or coloring, or such trees, sculptures, works of art
or lighting, within thirty (30) days after said plans and specifications or information on such painting, decorating or coloring, or such trees, sculptures, works of art or lighting have been
submitted to it, approval will not be required.
ARTICLE VIII.RELOCATION Ot BOUNDARIES
Also, no trees or shrubs shall be planted on the
No unit owner may relocate the boundaries between adjoining
units.
ARTICLE IX.SUBDIVISION AND CONVERSION OF UNITS
No units may be subdivided or converted by the Declarant or a unit owner.
ARTICLE X.PROPERTy RIGHTS IN THE COMMON. ELEMENTS
Section 1. Common Element Easements. Each of the unit
owners shall have a nonexclusive appurtenant easement for the following purposes over, under and upon all of the common elements:
Ingress to and egress from each unit from and to public roads and streets abutting the condominium property over the areas and in the manner designated by the Association,
a)
b)Utility, water and sanitary sewer lines and pipes in
the areas designated by the Association.
Parking spaces and locations designated by the Association.
Section 2. Declarant Easement. The Declarant shall have an easement through the common elements as may be reasonably necessary to complete all improvements on the condominium property and to discharge its obligations to the unit owners and the Association.
c)
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ARTTCl.E XI. LOCAL ORDINANCES
The condominium iu not subject to any ordinance or charter provision provided for in Section 515A.1-106 of the Act,
ARTICLE XII.USE rOR SALES t>0PP0S,S8
The Declarant, as provided in Section 51SA.2-117 of the Act reserves the right to maintain Unit Number /
may maintain a sales office in the common elements until it has
completed its sales program for the condominium. The Declarant
may maintain reasonable signs on the common elements advertising
its development and sales of the condominium during the period of Declarant control. Upon the termination of any of the rights stated in this Article XII, the Declarant may remove its property from the condominiums.
as a model and
ARTICLE XIII.
PERIOD OF DECLARANT? CONTROL
The Declarant reserves control of the Association for three (3) years from the date of the first conveyance of the unit to a unit owner other than the Declarant subject to the restrictions
provided in Section 515A.3-103 of the Act.
ARTICLE XIV.
INSURANCE
■-«V
The Association shall maintain the insurance required by
Section 515A.3-112 of the Act. The comprehensive general liability insurance shall be of the amount and type that will preclude unit
owner tort liability arising out of ownership of the common
elements as contemplated in Paragraphs S15A.3-ll(b) of the Act.
ARTICLE XV.SURPLUS FUNDS
Any surplus funds described in Section 515A.3-113 of t.ie Act
may be applied as therein provided or may, at the election of the
Association, be allocated for capital expenditures,
ARTICLE XVI.FHLMC AND FNMA PROVISIONS
The following provisions shall take precedence over all other provisions of this Declaration and the By-Laws of The
Boardwalk on Balmoral and in the event of any Inconsistency or
contradiction, the following provisions shall control:
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:
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a) The prior written approval of each holder of a first
mortgage on units In The Boardwalk on Balmoral (the
"Project") will bn required for the following! (1) the
abandonment or termination or seeking thereof, of the Project, except for abandoiunent or termination provided by law In the case of substantial destruction by fire or other casualty or In the case of taking by condemnation or eminent domain; (2) any material amendment to
the Declaration or to the By-Laws of The Boardwalk on Balmoral (the "Asroclatlon") Including but not limited
to any cuiiendment which would change the percentage
Interests of the unit owners In the Project, whether
for the purpose of changing the pro rata Interest or
obligations of any Individual unit for the purposes ofi
(1) levying assessments or charges or allocating
distributions of hazard insurance proceeds or condemna
tion awards, or (11) determining the pro rata share of
ownership of each cciidomlnlum unit in the common elements; (3) effectuation of any decision by the Association to terminate professional management and
assume self-management of the Project; (4) partitioning
or subdivision of a unit or common elements.
b)Any lien wh..ch the Association may have on any unit in
the Project for the payment of common expense assess
ments attributable to such unit will be subordinate to the lien of any first mortgage on the unit recorded prior to the date any such common expenses wore incurred.
c)Any holder of a first mortgage on a unit in the Project will, upon request, be entlt:led tO! (1) Inspect the books and records of the Project during normal business
hours; and (2) receive an annual audited financial
statement of the Project within ninety (90) days
following the end of any fiscal year of the Project;
and (3) written notice of all meetings of the Asso
ciation and be permitted to designate a representative
to attend all such meetings.
In the event of substantial damage to or destruction of
any unit or any part of the common elements, the holder
of any first mortgage on a unit will be entitled to timely written notice from the Association of any sucfi
damage or destruction and no provision of any document
establishing the project entitles the owner of a unit or other party to priority over such holder with
respect to the distribution to such unit of any insur
ance proceeds.
If.any unit or portion thereof or the common elements
or any portion thereof is made the subject matter of
d)
e)
6
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any condemnation or eminent domain proceeding or le otherwise sought to be acquired by a condemning authority, then each holder of any flrn't mortgage on a unit
shall be given timely written notice by the Association of any such proceeding or proposed acquisition and no provision of any document establishing the project entitles the owner of a unit or any other party to priority over such holder with respect to the dis
tribution to such unit of the proceeds of any award or
settlement.'i.
In the event any portion of the common elements encroaches upon any unit or any unit encroaches upon the common elements, as a result of the construction,
reconstruction, repair, shifting, settlement or any movement of any portion of the project, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the encroachment
exists.
f)
The right of a unit owner to sell, transfer, or other
wise convey the owner's unit will not be subject to any
right of first refusal or any similar restrictions.
With the exception of a lender in possession of a condominium unit following a default in a first mortgage, a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, no unit owner shall be permitted to lease his unit for transient or hotel purposes. No unit owner may lease less than the entire unit. Any lease agreement shall be required to provide that t .0 terms of the lease shall be subject in all respects to the provisions of the Declaration and the
By-Laws and that any failure by the lessee to comply
with the terms of such documents shall be In default
under the lease. All leases shall be required to be in
writing. Other than the foregoing, there is no re
striction on the right of any unit owner to leasw his
unit.
9>
h)
1)The failure of any unit owner to comply with the provisions of the Declaration, By-Laws, and any Arti
cles of Incorporation will give rise to a cause of
action in the Association and any aggrieved unit owner
for the recovery of damages, or for injunctive relief,
or both.
Each holder of a first mortgage lien on a unit who
comes into possession of the unit by virtue of foreclosure of the mortgage, or by deed or assignment in lieu
of foreclosure, or any purchaser at a foreclosure sale.
j)
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will take the unit free of any claims for unpaid assessments and charges against the unit which accrue
prior to the time such holder comes into possession of
the unit, except for claims for a pro rata share of
such assi!ssments or charges resulting from a pro rata
reallocition of such assessments or charges to all
project units including the mortgaged unit, and
Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for i^uch unit's upaid dues or charges which accrue prior to the
acquisition of title to such unit by the mortgagee.
Control of the Association will become vested in the Purchasers of the units within not more.than one
hundred and twenty (120) days after completion of transfer to purchasers of title to units representing
seventy-five percent (75t) of the votes of all unit
owners.
k)
The Association will have a reasonable right of entry upon the unit premises to effect emergency or other
necessary repairs which the unit owner has failed to
perform.
Any management agreement for the project will be
terminable by the Association for cause upon thirty
(30) days' written notice thereof, and the term of any such agreement may not exceed one year, renewable by
agreement of the parties for successive one year periods.
An adequate reserve fund for replacement, repairs and
maintenance of common element components must be
established which must be funded by monthly payments
ratlier than by special assessments. In addition, there
must be a working capital fund for the initial months
of operations of the project equal to at least two months' estimated common-area charge for each unit.
The Association shall give the holders of first mort
gages prompt notice of any default in the unit mortga
gor's obligations under the condominium documents not
cured within thirty (30) days of default.
The unit shall not be subject to any unreasonable restraints on alienation which would adversely affect che title or marketability of the unit, or the ability cf the mortgage holder to foreclose its first mortgage
1)
m)
n)
o)
P)
8
. 4 ■
V
lien and thereafter to sell or lease the mortgaged
unit.
Appropriate fidelity bond coverage must be required for
any person or entity handling funds of the Assoclav:ion,
Including, but not limited to, employees of the profes
sional managers.
No right of first refusal or unreasonable restraint on the alienation contained in this Declaration or By-Laws
of the Association shall impair the rights of a first
mortgagee toi
foreclose or take title to a unit pursuant to the
remedies provided in the mortgager or
accept a deed or assignment in lieu of foreclosure
in the event of default by a mortgagor; or
sell or lease a unit acquired by the mortgagee.
Without the prior written approval of all holders of
first mortgages, the Association shall not by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the common elements (the granting
of easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium shall not be deemed a
transfer within the meaning of this clause).
The Association, without the prior written approval of
all holders of first mortgages, will not use hazard insurance proceeds for losses to any condominium
property (whether to units or to common elements) for
other than repair, replacement or reconstruction of such condominium property.
Any agreement for professional management of the project, or any other contract providing for the
services of Developer, Sponsor or Builder may not exceed three (3) years. Any such agreement must
provide for termination by either party without cause
and without payment of a termination fee on ninety (90)
days or less written notice.
Prior to control of the Association by unit owners, no
management contract or other contract shall extend beyond the date tlie unit purchasers obtain control of the Association.
q)
r)
1)
2)
r3)
i's)
>-
t)
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1
All tuxes, aspessments and charges which may become liens prior to the first mortgage under local law, shall relate only to the individual condominium unit and not to the condominium project as a whole.
In the event of a sale of a mortgage loan to the Federal Home Loan Mortgage Jorporation, the Directors
of the Association shall g:.ve Federal Home Loan Mort
gage Corporation notice (In care of the .''.ervlcer at
Servicer's address) In writing of any loss to, or the
taking of, the common elements of the condominium if
such loss or taking exceeds Ten Thousand Dollars ($10,000.00) o.r damage to a unit covered by a mortgage
purchased In whole or in part by Federal Home Loan Mortgage Corporations exceeds One Thousand Dollars
($1,000.00).
None of the common elements, recreational facilities,
parking space or other amenities contemplated as part
of the project are proposed to be leased to the unit
owners or to the Association; nor shall the same be
s’ubject to any other restriction In favor of the
Declarant of the project or any affiliate of such
Declarant.
V)
w)
X)
y)There is no restriction upon any unit owners' right of
Ingress and egress to his unit.
ARTICLE XVII. RESTRICTIONS’
Subject to the provisions of Article XVI, the following are restrictions on the use, occupancy and alienation of units;
Residential units are to be occupied and used only fox
residential purposes only by unit owners and vendees
under contract for deed and their feunilles, tenants and
social guests; provided, however, that tlie Declarant
may maintain residential units as business and sales
offices, model apartjnents, and other development
facilities during its sales, all as more particularly
set forth in Article XII.
a)
b)No.use or practice which is the source of nuisance to
other occupants or which injures the reputation of the condominium or which interferes with the peaceful
possession of the condominium by the unit owners, or
which unreasonably increases use of the common elements
or unreasonably Increases common expenses shall be allowed in the condominium, except with the written
consent of the Association.
10
■V'
No occupant or unit owner shall permit anything to be done or Kept In any unit or the common areas which would violate any law or which would result In cancellation of insurance, or without the written consent of
the Association, would Increase the premiums for Insurance on the Condominiums.
c)
!
There are no restrictions on occupancy or alienation by
reason of age, race, sex or religion.
No pets may be Kept in the condominiums except as permitted by the Rules and Regulations of the
Association.
d)
e)
ARTICLE XVIII.FAILURE TO PERFORM OBLIGATIONS
If any unit owner fails to perform any obligation Imposed
under the Declaration of the By-Laws or the Rules and Regu
lations, the the Association may, but is not obligated to,
perform the same for the unit owner's account and for such
purpose may enter upon the unit, may maKe necessary repairs,
advance expenses or other sums necessary to cure the default, and
for any such expense, may levy a special assessment upon the
unit.
ARTICLE XIX.
DAMAGES CAUSED »Y UNIT OWNER
Each unit owner shall be liable for the expense of any
maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family or his or her guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of the insurance carried by the Association. Such liability shall include any,increase in fire insurance rates occasioned by use,
misuse, occupancy or abandonment of any unit or its appurtenances.
Nothing herein contained, however, shall be constructed so as to
modify any waiver by insurance companies of rights of subrogation.
I
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ARTICLE XX.
TERMINATION
The condominium may be terminated in accordance with Section 515A.2-102 of the Act except that the condominium may not be terminated without the consent of all of the first mortgagees of
record as provided in Article XVI. Each first mortgagee having
one vote for each first mortgage held.
11
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AR'n ’-.f: XXI. AMENDMEW?
Except UB provided in Article XVI, this Declaratio'.) may be amended by the AeBoclation only by written agreement of the urit
ownere to which at least sixty-seven percent (67%) of the votes
in the Association are allocated and sixty-seven percent (67%) of
the first mortgagees of the unit (each mortgagee having one vote
per unit financed).
IN TESTIMONY WHEREOF, this Declaration has been executed as of this yM day of , 1988.
IALI/AT BALMORAL,THE BQAR]
A condom:
is^nByPaul Thomp
)STATE OP MINNESOTA
COUNTY OF 9 ) S8.
)
The foregoing instrument was );nowledged before me this *7>4<i day of , 1988, by Paul Thompson.
—MotAiNM
CWPS—rniinyi’
This instrument was drafted by
Janice M. Nelson of the firm of Nelson, Oyen, -Torvi)c, Minge & Gilbertson, Attorneys at .^aw 221 North First Street Montevideo, MN 56265
!
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12
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The Daily Journal
Sports; Hillcrest
athlete turns to
the future,
Page 10■^1
FERGUS FALLS, MINNESOTA I THURSDAY; MAY 14, 2015 I 75 CENTS I FERGUSf^LS^yOiPpCpNt
GOLF TEAM SAVES PEOPLE
FROM BURNING BUILDING
Fire destroys 7 Battle Lake apartments
By Jacob Tellers
jtellers@fergu5fallsiournal.com 50 yards away.
Ross yelled for someone to call 911 and
then sprinted over to the building along
There are many hazards on golf courses, with the other head coach, Chad Gronner.
“We went from door to door,” he said.Fire is not usually one of them, but when
one broke out on a small set of apartments “Your instincts take over.”
near the Balmoral golf course in Battle
Lake, high school golf coaches and players according to Ross,
from Underwood didn’t lose any strokes
in their response.
Underwood High School golf coach
Chuck Ross was at the practice range with Peterson, ran over to help as well. As he
his players Wednesday evening on the Bal- has been taking EMT first responder class-
moral Golf Course when one of his golfers es, he was well-prepared to help, Ross said,
alerted him to a lot of smoke coming off a
nearby set of seven apartment units only
It was a windy day at the golf course.
“It was amazing how fast the fire went
up,” he said.
One of the seniors on the golf team, Chad
This is a video screenshot of a fire that destroyed seven apartments in Battle Lake Wednes
day. Visit fergusfallsjournal.com for the video, photo providedSee RESCUE, Page 3
I
THURSDAY, MAY 14, 20151 FERGUSFALLSJOURNAL.COM ( PAGE 3
LOCAL NEWS
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• Additional $2.25 tor 3D
Saturday and Sunday 1:10, 4:30, 7:15, 9:35
Saturday and Sunday 12:50, 7:00
Saturday and Sunday 4:20, 9:30
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Saturday’and Sunday 12:20, 2:20, 4:20, 6:50, 9:10
PITCH PERFECT 2 (PG13)
MAD MAX FURY ROAD (R)
MAD MAX FURY ROAD 3D (R) Mon-Fri 4:20, 9:30
PAUL BLART: MALL COP 2 (PG) Mon-Fri 4:35, 7:15
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re.sidents were elderly
and one man had to be
convinced not to go back
inside to retrieve some of
his belongings.
The Sheriff’s Office,
as well as the Ottertail,
Battle Lake, Henning and
Perham Fire Departments
responded to the fire.
No injuries were report
ed, according to the Sher
iff’s Office. The tenants all
declined Red Cross assis
tance and are staying with
friends or relatives.
RESCUE
...r ;t ■ ...
•'-"r. '
.7
II Continued from 1
“For being 18 years old
I was impressed with his
composure,’’ Ross said.
They helped an older
woman who had her leg in
a wheel scooter get down
some stairs and out of the
building, Ross said.
“It was sad to see," Ross
said about the fire.
He said many of the
McKinl
lementary
Otter Tail County
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1110 Lincoln Ave. W,, Fergus Falls, MN 218-736-6038 • www.otchs.org • Open M-F, 9-5 pmSchool
Washington School Fire
presented by
Lance JohnsonI 8 M
S'!
24 Laurel Street Friday, May 29
at Noon
nrfmi