Loading...
HomeMy WebLinkAbout2013-01-16 PACKET 00 6:30 WORKSHOPREQUEST OF CITY COUNCIL ACTION PREPARED BY COUNCIL MEETING DATE 1/16/13 Community Development ORIGINATING DEPARTMENT AGENDA 4:5 0 a s ITEM # Jennifer Levitt STAFF AUTHOR COUNCIL ACTION REQUEST Workshop - Pinecliff Homeowners Association. STAFF RECOMMENDATION Workshop - Pinecliff Homeowners Association. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 1/11/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Timeline Summary Copies of documents and plat maps for the Pinecliff subdivision ADMINISTRATOR'S COMMENTS c i y Administrator Date COUNCIL ACTION TAKEN: ❑APPROVED ❑ DENIED —]OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: January 11, 2013 RE: Pinecliff Homeowners Association — Workshop Presentation Based on the Pinecliff Homeowners Association discussion at the December 19, 2012 City Council meeting, City staff has assembled various documents relative to the issue of whether or not two existing residential parcels (Bialucha, 6120 Ideal Avenue and Shannon, 6240 Ideal Avenue) are required to be included in the Pinecliff Homeowners Association. A copy of Don and Bonnie Bialucha's letter (dated December 26, 2012) requesting that Resolution No. 2012 -048, which approved the Pinecliff 5th Addition final plat be amended to exclude their property (Lot 4, Block 3, Pinecliff 5th Addition) from the Homeowners Association is attached. Also attached to this memo are copies of documents and plat maps showing the five development phases for the residential neighborhood named Pinecliff. A timeline sum- mary of the development stages and the signing and /or recording of various documents is attached. This project was developed by US Home Corporations — Lennar Homes. A copy of these documents was sent to Don and Bonnie Bialucha and Tom and Cheri Shannon on January 8, 2013. They were informed that this matter will be discussed at a City Council workshop on Wednesday, January 16, 2013 at 6:30 p.m. Both property owners were asked to review the documents to ensure the packet of information to be distributed to the City Council included all the information they provided to the City. No additional information was given to City staff. Staff will provide a brief overview of this information at the workshop on January 16 at 6:30 p.m. No formal action by the City Council is required at this workshop. December 26, 2012 City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 RE: Pinecliff 5th Addition Dear Mayor Bailey and City Council Members: We are requesting the requirement that Lot 4, Block 3, Pinecliff 5th Addition (6120 Weal Avenue) be included in the Pinecliff Homeowners Association (HOA), be amended or deleted to exclude this property from the HOA. We request that this request be placed on the City Council agenda for January 2, 2013. Condition number 14 of City Resolution No. 2012 -048, approving the final plat of Pinecliff 5th Addition, (approved on May 16, 2012) states the following: 14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part of the Homeowner's Association for the. entire Pinecliff neighborhood. Lennar has also drafted a letter dated December 13, 2012, stating that they support the request to exclude our homesite from the HOA. This letter was previously sent to John McCool and has been attached to the this letter. Once again we are requesting that condition number 14 is amended or deleted so that our existing residence is excluded from the Pinecliff HOA. Thank you for your time. Sincerely, k DEC 2 7 2012 Donald and Bonnie Bialucha DEVELOPMENT TIMELINE FOR LAND DEVELOPED AS PINECLIFF ADDITIONS IN THE CITY OF COTTAGE GROVE, MN March 26, 2001 Planning Commission conducts public hearing and recommends approval of Bialucha's rural subdivision application. March 26, 2001 Planning Commission conducts public hearing and recommends approval of Shannon's rural subdivision application. April 18, 2001 City Council adopts Resolution No. 01 -042, approving Bialucha's simple lot division application. April 18, 2001 City Council adopts Resolution No. 01 -041, approving Shannon's simple lot division application. April 15, 2004 Development plan showing 189 lots for detached single - family homes prepared by Dahlgren, Shardlow, and Uban. June 14, 2004 City staff provided cursory review and comments of Dahlgren, Shardlow and Uban's concept plan. June 28, 2004 US Home Corporation filed a preliminary plat application to subdivide approximately 106.6 acres into 201 lots for detached single - family homes. July 26, 2004 Planning Commission conducts public hearing for preliminary plat and continued the public hearing to August 23, 2004. August 23, 2004 Planning Commission re -opens the public hearing and recommends approval of the modified preliminary plat application. US Home files a preliminary plat for Pinecliff Addition — Phase 2. 118 lots for January 2005 detached single - family homes on 68.69 acres of land located between Hinton Avenue and Ideal Avenue, north of 65th Street. March 28, 2005 Planning Commission conducts public hearing and recommends approval of the Pinecliff 2nd Addition, April 20, 2005 City Council adopts Resolution No. 05 -065, a resolution approving the preliminary plat named Pinecliff 2nd Addition. Letter from Jay Liberacki, U.S. Home to Tom and Cheri Shannon stating that Shannons do not have to pay Association dues while they own their home and adjacent vacant properties. Homesites will be within the June 8, 2005 Association from the beginning so that U.S. Home can review house plans, etc. When Shannons sell the three lots, the Associations will begin collecting due on those homesites from the new owners and the new owners will be full members of the Association. Other issues addressed in the letter. June 15, 2005 City Council adopts Resolution No. 05 -093, a resolution approving the final plat named Pinecliff 2nd Addition, October 24, 2005 Final plat for Pinecliff Addition recorded at Washington County (Doc. No. 3547192). December 6, 2005 Declaration of Covenants, Conditions and Restrictions recorded at Washington County (Document No. 3556269). December 28, 2005 First Amendment to Declaration of Covenants, Conditions and Restrictions recorded at Washington County (Document No. 3561117). June 27, 2006 Final plat for Pinecliff 2nd Addition recorded at Washington County (Doc. No. 3592809). Page 1 DEVELOPMENT TIMELINE FOR LAND DEVELOPED AS PINECLIFF ADDITIONS IN THE CITY OF COTTAGE GROVE, MN August 18, 2010 City Council adopts Resolution No. 2010 -122, a resolution approving the final plat named Pinecliff 3rd Addition. March 4, 2011 Final plat for Pinecliff 3rd Addition recorded at Washington County (Doc. No. 3833555). April 20, 2011 City Council adopts Resolution No. 2011 -046, a resolution approving the final plat named Pinecliff 4th Addition. April 20, 2012 Final plat application filed with the City of Cottage Grove. U.S. Home, Shannons and Bialuchas signed the application. May 16, 2012 City Council approves Resolution No. 2012.048, a resolution approving the Pinecliff 5th Addition final plat. Letter of Agreement between U. S. Home Corporation and Donald and June 7, 2012 Bonnie Bialucha signed by both parties. A copy of the Consent and Acknowledgement attached to Development Agreement as Exhibit "F". Letter of Agreement between U. S. Home Corporation and Thomas and June 7, 2012 Cheri Shannon sign by both parties. A copy of the Consent and Acknowledgement attached to Development Agreement as Exhibit "E ". City Council enters into agreement with U.S. Home Corporation for the June 20, 2012 development of Pinecliff 5th Addition. Document recorded on November 2, 2012 (Doc. No. 3914993). Pinecliff 5th Addition is recorded at Washington County Recorder's Office November 2, 2012 (Doc. No. 3814994). Final plat signed by Bialuchas, Shannons, and U.S. Home Corporation. Supplemental Declaration of Covenants, Conditions and Restrictions for November 2, 2012 Pinecliff (annexing Blocks 1, 2, 4 & 6 and portions of Blocks 3 & 5, Pinecliff 5th Addition) (Document No. 3914995). Quit Claim Deed transferring ownership of all of Pinecliff 5th Addition, except November 2, 2012 Lots 4, 5, and 6, Block 5 of Pinecliff 5th Addition from Thomas and Cheri Shannon to U.S. Home Corporation. (Doc. No. 3914996). Quit Claim Deed transferring fee ownership of Lots 4, 5 and 6, Block 5 of November 2, 2012 Pinecliff 5th Addition from U.S. Home Corporation to Thomas and Cheri Shannon (Doc. No. 3914997). Quit Claim Deed transferring ownership of all of Pinecliff 5th Addition, except November 2, 2012 Lots 3, 4, and 5, Block 3 of Pinecliff 5th Addition from Donald and Bonnie Bialuch to U.S. Home Corporation. (Doc. No. 3914999). Quit Claim Deed transferring fee ownership of Lot 3, Block 3 of Pinecliff 5th November 2, 2012 Addition from U.S. Home Corporation to Donald and Bonnie Bialucha (Doc. No. 3915000). Quit Claim Deed transferring fee ownership of Lot 4, Block 3 of Pinecliff 5th November 2, 2012 Addition from U.S. Home Corporation to Donald and Bonnie Bialucha (Document No. 3915001). Quit Claim Deed transferring fee ownership of Lot 5, Block 3 of Pinecliff 5th November 2, 2012 Addition from U.S. Home Corporation to Donald and Bonnie Bialucha (Document No. 3915002). Page 2 DEVELOPMENT TIMELINE FOR LAND DEVELOPED AS PINECLIFF ADDITIONS IN THE CITY OF COTTAGE GROVE, MN Page 3 McCool's email message to City Attorney. Pinecliff 5th Addition final plat, City December 12, 2012 Resolution No. 2012 -048, Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff (recorded date of 11/2/2012) attached to email. Lennar's letter to the City of Cottage Grove requesting the City to consider December 13, 2012 modifying Condition No. 14 of Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition. Page 3 T T • X • u) 0 F 0 ------- 21-4 Co N ----------- 7 co 0 No ---o—Z 1 :0 1 W. 7: Ln 0 M > James R. Hill Inc. -< 'I N (14 F- n No ---o—Z q I > 0 > < r, m G z C: �00 ITT 'd M m --j > (o m Ln M > U owo ED 1 M O cn Ik J ----------- L ---------- ji IL ---------- j VA 00 Ln -d -d - - ----- --------- --------------- 01 -j M'l tEo? HU a I "M >1 p-g - dd ow" - I pl 1 1 V/ di FA 1 w 1 1 F, m 11 r o , mmm F///" I, IV, HEN Lo C4 W. 7: Ln 0 M > James R. Hill Inc. -< 'I N (14 F- n q I > 0 > < r, m G z C: �00 ITT 'd M m --j > (o m Ln M > U owo ED 1 M O cn Ik J ----------- L ---------- ji IL ---------- j VA 00 Ln -d -d - - ----- --------- --------------- 01 -j M'l tEo? HU a I "M >1 p-g - dd ow" - I pl 1 1 V/ di FA 1 w 1 1 F, m 11 r o , mmm F///" I, IV, HEN PINECROFT—PHASE II James R. Hill Inc. TITLE SHEET , PLANNERS /ENGINEERS / SURVEYORS # P US HOME CORPORATION 2506 W. Gm Ro. 42, S�x 170, UM 55337 Ws EASE WAMTA AMM WAVATA. MINNESOTA —01 t9ft PH (952)890-6044 FAX- 952)390-5244 1310HE AIL: MIN URIMC.CM PINFCLIFF 5TH ADDITION ion' •� tom ? rue l� f��uli � z m co y e 6 �� Qa� ga A 5 U Z J� W� z � � Q tyros anv�r rwi ��'a _ _ <a € moo i p anw 5a 9 m � B u�cu 'z83omi m €om rc�rcna • O Z O F I I Q gFl R f I Z �n Ix Y 'lL 'i 5 •J3 9 x311Hro isv3LLe0N 3xt io inH lrr33w Jp 3M a°r3 -� r$a o^ I d I I�n �� t' L /,M � dose_: � —` I f1N3 64,OOS HlnoS 3Ab' IV3al r §T o I M„64,64°OOS cn _ s N H �. ° q � g . s4 sc '�I IM rrsga� Nc wLL e�„ra' d ' $ 3od� �y ag ° a Hinos "° °° ' °r°°x 3 N3AV N6 NIH 3,90,LS,OON lS'9£4Z Inn riev ninlni `- .- - ix � urro 3w >rx irr3 3w � 3M i=r3 _ .� I n l I I 1 C7 O U HS^OS 133yiS .i,9 / � I J t LJ I i I� C l t- u� n z O � D � � � z N � LL � � W Z (L �2 pq § \/ z O � D � � � z N � LL � � W Z (L U $ z % s H J b 6n d 01 o�wa nm W 6p y I G?aF«° w �a ° -�..ra s W. s� y „ "�m as Q a=te oe mo�33�a .° oj� C o0 ° mho rc o ez • O 3 m ao N o a m a � f/Ib N / \ woo I MA 9Z OLl m o nl y O) tl31 o n .iv IS ztl + '+ w Z c / °z _ Y G a/P Oo I z Mo on ' Q O n ^ & <r nc / /I_ M.O.O.00S Yo'SZ4 _ 0 v I °� aid ! ..t i I 1 r- - - - _I r rsys +o wr :� e7/ s 1 I I I °i nl I" w - xv 3 °vxo•nun / T C\l Ig I II - - T • L-°I !° i .--• LL J 1 I i i g aa i i/� N C7 .•p v b LL J L--- -d � °y /�� I ­no 3Ndl ° av S3W A � tr i .n° ° 1 % ,_ fR IY,+, •°u��r ' w � ,s� NO / / �' ' ,y/ / I 1 • o vl � ��___� � r' - ooze -, r - " or N•. q\ Lo �� 1 / Z II 4 9\ LL -3d5o_ '1 I O v ! zz` l I C/ IR TI I I is O =1 is T N a 4 'o I / e / <° ` °$„/ / £I I "I 1. W 5 1~ ml I$ hry O �q h / °r / > r / =1 I �I I = i I 10 AM' ---- J 3 I I I r --- M.vTZa°ou 0Q . + ° o !: .- // L ` •n 'a` a I 1 pl L- oo3e -J L __ sasoi__ a.^ G D / ° r ^•`a e� °^ // Poi °� mi Lo'I I I n 14^;,I 00 I` ' L____oo'°sl____J ,p • k p ° p ° � - ` o [ y� ,! §nr / � . S I z / M _� m / / \:���\ � � i ___w- .sizaoax -- � N 1A6rO00 , _ • "f� '7 Er 'd' AI', �` j <O •z \`� R ll e��o'are pj l j/ 3 N y C�zz l l °3 Ir l i I I� I L' ---- °r°si ---- J , 8/ Cr ry60�0 6 h5�� \ 11 ° r er. . ° << /\ S�\ <\ °p`0.y'J•!f ° 4a� r z l l '_/ ��- '•i I .0 40' 0 cli ri � a,d / r �:� \ �.° pA °l•°`f' .P /• /<° `��aes,�j�,� I / o / •ro,. rrc° sza I � e• ^L.° zcn�,� �,I F / / xl l '•I I ' W \ r \� I i ` r,nap. / I /n� Mi le d- RI Iii N \ 4i O x � ( y I el 1= gl I �\ ♦ / I L O� zz,z,� _J L__ e<i°T__l ____________.�� 3.9Z < OS,OON SOW9 �2v` i 4 ' � e I f >r� fi l I f N In I �6; i I i Q � � e y a a �' M„64,64,ODS Z F'bSb 3.64161 00N 9S'Obb Z °g1 ley ` L� , CJ g" HinOS 3nN3Ab m � m •� U 6 yA�� 6 4 L lino I wo ss y^ 1S3ni0„ � � e b Z _ a 3� � ivc kuwa p��u 0 of ��r� mom o • o u i x,mc '�v vmww � •mod i � Q twwnwua wwir�save AON AtlW L �Nl `IpH b A'dWrf JYId TYNW Y6151HL y a a �' M„64,64,ODS Z F'bSb 3.64161 00N 9S'Obb Z °g1 ley ` L� , CJ g" HinOS 3nN3Ab m � m co L lino I wo ss y^ 1S3ni0„ '1 �.1. = 8 Fi c �. Z/£9 ='0 y pcmv e Hi ^v5 \ 3„9 Z.SS,OBN= 'ONG'0 lL'ZBZ vv,vnvvs 1 „0£, L4, S0 =oNOQ 3 -ON " t LL ° I �C Oi. L v •ass m f /131�u m u�3 3x, 3xn W "JZ9-• m h� 'O As " LI ' �•N�o �a N 3 � m v Z / / 1 " O i M„64,64 OOS s C `- N Iz �aO m , `t .a�. lS— M9 b Z _ a 3� � ivc kuwa p��u 0 of ��r� mom o • o u i x,mc '�v vmww � •mod i � Q twwnwua wwir�save AON AtlW L �Nl `IpH b A'dWrf JYId TYNW Y6151HL y a a �' C , m � ` C� Z °g1 ley ` L� , CJ m � m L lino I wo ss y^ 1S3ni0„ vA vs o vreba, Al! 'n x ' c �. Z/£9 ='0 y pcmv e Hi ^v5 \ 3„9 Z.SS,OBN= 'ONG'0 lL'ZBZ vv,vnvvs 1 „0£, L4, S0 =oNOQ 3 -ON " t d30X3� 3^,a.r• °9Z,09. 4L'FOL scssLZ = Oi. L v •ass m f /131�u m u�3 3x, 3xn "JZ9-• b Z _ a 3� � ivc kuwa p��u 0 of ��r� mom o • o u i x,mc '�v vmww � •mod i � Q twwnwua wwir�save AON AtlW L �Nl `IpH b A'dWrf JYId TYNW Y6151HL TiD S IS A COPY DP THE PA'AL PLAT JAMPS0. HJTIEPILESOP PB ANACCOrt u' AlEpp,PRODULTIW{ OPTH9 OPFlCIgt PL.4TA5 PREo M 6i WOE z 02 wstnc °� __{"_ __, im = O—N I I�ww N i :rnnvv3 anon ".a nnevea u I 1 I I 1 I I I a I m � 8 1 I Se , M° I I 2 I I ._. - _a n�z oHm •. I • c 1 20 u ox •.� Mo n - r sp= m V I I n _ ;• zo °„°� Ewa I ' I r I _ ml Nmn _ wx �aNh pz c Z 1 � ¢ I a S ml. y�y�1 w wz n a6 � I O 1 I ' I 5Ie 1 a� Fo oFms mmo wE H-H M„ZZ,LI,OOS 1Z'9ZL - nz� �a I o .+.zzuoax I I 1 I _ 1 e al I I $ = I 1 I______________.- . ..__.__ c n U I I w of QI° w :1 i p a m� I F I I N (A ^) B 1 O I W I S I N Z ° vz I - -- — — -- --- - - -- -; r --- - -w = -- rl ' - - - - -- 1 1 lo- al i • _la I 1 m a 1 e 7 I .., I 1 I I 1 r _________� sz 1 1 1 I I I I I 1 I I m I OD I 1 ^< PI 1 I I w I I 1 j 1 I I I N I M _ ....,- co iii 1 1 I I 1 1 1 I 1 9 i va I I I I m I i 1 I d, �Z- - 00'09 Lti w .' �•m c. I � I I � 0 • (D F 2 f- _- 0 .2 m C, //� /rte foiW EN Ar 60TH STEREET SOUTH E ri 126.21c` 500°17.'22 "W I I Fli I � m P O �' cP°h N P�o JA 7 , 0 oN. 1 a F h `� 513 °40'32 "E )y . 1 1; 9� tom /� Tz� S02 °50'31 "E `\ N88 °05'50 187.94 4 U 1 `^� 6Z 4�1 �� S89 ° 4011 00' \ �7 % 61.1 „ de / Mm0£L. .— 00'0 i N i °4022e CS T r o�� R> 04 35'59" 1C7 F` C i S66°Og$ " li'l\ nee rr L r � E N'a $ m 1 'i J � f'l `Y' i C7• 0��7/ _ �c IDE.LL /.NNIE uMU) m 9 � n n I HU 1NFASf EU'V Oi lxE nD I» y o lb W Ewm w� or TME El27 xEVe ff sse s. T, z). z I n l�� 1 ely� 11 �e Ala^ 1 ym CASE NUMBER(S): PP05 -013 APPLICANT: U.S. Home Corporation PROPOSED REQUEST(S): A preliminary plat for Pinecroft 2nd Addition, which would consist of 118 lots for single - family homes and 5 outlots. LOCATION OF REQ UEST: Northeast corner of 65th Street and Hinton Aven South :I l IBIfi , I, ❑' tl i li' ppp ! �'' YF7 •.. , _. 4 _ r 1 - - r :I II - ! tl l '�;1 i , j II�IIr , ., �.•, ,�'. ♦\ ♦A`1' { T`/ _ /;'.:: 1;;: 3 "� X i It '.! a X1 I _ _ �� -- . ', -1 - •I r• I O �' r '' T ° '(1 }! - ,4 i, j :�' •'/�,' .•!'' / ;� II I.' " . CL o � � � I I y In I' •' �`, i �. I i 1 .i3 r $•l+. . , a .','`' !r'•"; ill ,I; JI, _ _.. .. - i • i V : - - r - � '' I ,�(I�' I I ' � ''!r %�, 1,.: {J� I: -.: it 'll !'•� - ?_ , •iy^avi, ; 1 ;c I �!, �_. � ` i t !' r ., , ., I • y 1 I .. .. .... ' .�yy 1.., ' ; � o `•.\ ' 1 - _ N O !!) • .• T Y, of 1 1 1 1 .. /� ''!i L7- /, X11 '! 1 �� <'- '•\ v, .. - � .. ��wEl I . I','1:1 X11 i v \..!; '. ' ... � „ 5 � • �.• � •_- X111 f 1 '� .1 rod ol J ,11:1' sr �' ='-' . I y �'�`., ,, \, \• \.� - _.- ' 'i + ♦�, . r :z i ' 'III ' 1 �r" i r' , !• t I l lu �••Y•'.r 1; - - E �tl ` . -1 {.. 1' '''Cr, •• i j , ,4i1 ':I .�yJ• .1 •\ i • i ` @• . .,Y,;.. , ♦•�\ 4j� _ 'ills _ -- J'• •, '1 - O .A �' 0 .,@! O O J' ! .. _ _ 1 iJ. I 1 1 ��' - r J /(! • r ' 9. '+ `l e3'�!r ; �.�I !,I /' ,: •i ' S l i I � _�_. _ - i_T_i _I_;_J._I�_•_}".. ! . •� _ I a• `t 1„ I: p � � � I I 1 1 4i 1 '� - , '4` I I IIi � Il {I, .f .• ,' r r ' , '� fit' i / r r t ,+ r ! 1 �, �.� , i TJ , • i ,- Mil u i I.II .III r j � , r , ` �' ' I 1 r j .' �. 1 1 ' , � I �� l ' � ' •• 1 1 � -. Fl I 3.- -•♦ ' . t ! j I ✓/)l. 1 r I I%� r r _ A ,If 'I f �.. , L {tip � II ' � . • qJ �" / r.. ♦ I , I I ..z 1!4 11 ♦ { ! i I I I I I i k , �-• • i�Gl "t•I �._... �r0 ' I 1 ( Il, �l�l '! . __ - � -••,, 1 I! ` 1 �L \ � . �� bG � 1, fJ. / ///jam •, i; �l p ow, ' - �/�� �. / r 4 N `,` . `; •i'i 1 '� .111 ; ' •Y /� Vll Vrf " i � ! Y!r/. / • Y /j •'YA % / / /�' U//// j/ •�, •!,'Il9 %/ I,r �$ ��� ��� •ill I X °4 A N MT z g 2g 1 ; Ir t' I '� It i g�,' I 'O I • � �R �T �• ' J I I, I 9 � � ! - r F� �x PMECROFT -PHASE II uo 5 No > OOTTAMMOVE11I wI& James R. Hill Inc. E7QSTING EC�ONDITIONS �,a LL PLANNERS / ENGINEERS / SURWYORS US HOME CORPORATION ( 250D W. CV. a: AZ SLnE 120, &e Ix 5W 935 EAST PAMTA Al ". MAYMA. UNKSOTA 55,111 „sralai w Pl1AL. uago o-llwi EAZ (95 :psa -�i /+ dA4:.f6 W C�.la1INGtO11 EXHIBIT A ZOa� ���I m�rear P Amd — 1316.76 S89 0..r l r ibD - i r aro i f aoa iaa l r �noo rr i t r� �J\ �YCD I I iC �m i1�wJ II+ CiT I� W I1p 19-p IIA xW II�� Il�g 1 r S ,, II- IL II II1 II t� ril y- Ig I C C � ,\ 11 - L' °-1,a JL!a_aLJ L..4°L L!a -w JllyyB�l' I! 1 - A k ruii .r nuT In C - lobo - ncoP LIZ e" i ylv i �� +4 �a.s rd ..: ID n ( CN °l // E JZ K I I w C 71 l; `I I I .+ >• Y Ii q 1 ca pA f -�� °F !i// / /•r` q �I ii II 6.-i L_p_J L____!b. !^ O D 1 1 I 7V C S_ -- -Tr aw.5 - � coo• I 1 C li E c� "i j�i��r um �� - li / :`'im 1� �. / s�9 r, _ ii - ii a � I I y rr,8 (�, I F W G n o y �o I Z �� ff 3� r dT h. d• 'L�i_.c_ti� �' � ert �2 f���11--'III c� .l �.� °/ a.: � •/ r � ! I ' i i 11- ° A -11 7 1 / g �� e � ` _ ^ I ^i �'�- usAL -`'l ¢ ° �[D �l ( 1 � I a� y IiUT y' C �11 / Lu ld •_ {/ (� ``d5� I II 0 - r__lau -J la " II u �mm� `: L p a• o^ E� ,- -A'S -__� i .�I✓ n� Y I I �r - I ��, soo o � � � �' r- ,l �,a• _ = �.,r .l 1 In1j4 w ?� � I > 'I � �� LLµ` 9 1 �1� I l- ij� 1 C 1 , • V . l } GS K9!'� N ' ci >N i J .,. l r aE.opll ,ll'� 7J \ \ t.. If��,• Iti N AM ; -_^s� \ ` w.(.1. 7 'I 4J� EE � T z '�1�l' .LJ l % - P mw� f'i r -- � 9 y '+ ._- c•1 O _ --,'9� U� _3°?� '1 �'' e �� y - t "'��� r o '1:nT i If D I �Y6✓�'" `�Y �"— - L ✓ 'wi. k ' i �, ¢rl �'� 5. ,' ,", 8 > ^alA -. �4 ��p I r f id9' °.� �''' .._.F' eN~ /, ^+.u �pw. /�'.� I< � � r � r J w � \�y /�1 f'1 S \ I �f� ;,'r c�N� �jJT h.�r\ d�� /N % / i�l h i;t f, E-' l M 4 ti (TI , #N �� ^ "a>� N /e` •d'.. /A• $ •�' 8 1 Ix °ice .( el C - _ t ¢ i�. yi g9�„ re• - s+.m_� F_q - Sa t1 = a !e y Do�I 4 Jess - r �. �C �W er t4� C W / tl / r4; ^���_ r w:.,a ,� // °,.0 Ci - t ` ' • tv� - / B f l ,e / !/ rTe' >m1 yy pll I ` r ^ _ � ._ i•r A /r L-P � l N � 1 L - � " /I�� /l I L e . I L_____Uy;1 N4, YI I 11 8 �O 8 e IY 7 �C7 is IIp9 1-- - �.� y - I III Ff0 _ {.N -k7r - U 1 A ry' !u T•Lr -� N c"+�r�aalr:�irza -ar °`^ ig.� I � 65TH AVENUE SOUTH C.S.A.H. 74 TL _ J /� — 681 -98 S89 °57 44W 65TH - 1''U BSOUTH (C.S.A.H. 2 r) ° II Af, lf,^ ^r /�/lklr1 A11f11� - I/1 t\I N fllvflL. IVLJ L_ vlvv nVL_j I I I I g own i m x o a PINECROFT -PHASE III' = "°.a" " Ja PRE CDTTAGEGn01E•INA[PL AT mes R Hill Inc. r o A a N> o PRELIMINARY PL AT =:i 1 z rn z n z U r' PLANNERS / ENGINEERS / SURVEYORS US HOME CORPORATION ",. a 2500 w. rn. 6A +2. wlT 120 li w 55117 975 EAST WAYZATA A %IaS: 454 VFMIE, WAY[ATA, YMIESOfA 55.181 y yl n.A, p..x ( -1 FAX. {452]0 -6211 EY/JL• RNNCARf♦ffCCW RESOLUTION NO. 01 -041 RESOLUTION APPROVING THE SIMPLE LOT DIVISION OF A 20 -ACRE PARCEL OF LAND LOCATED AT 6240 IDEAL AVENUE SOUTH INTO TWO SEPARATE TAXING PARCELS OF 17.5 ACRES AND 2.5 ACRES WHEREAS, Thomas V. and Cheri L. Shannon have applied for a simple lot division to split a 20 -acre parcel of land into two separate lots of record of 17.5 acres and 2.5 acres. The property is legally described below: The North 660.51 feet of the South 1761.72 feet of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota. Commonly known as 6240 Ideal Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, a public hearing notice was published in the South Washington County Bulletin and notices were mailed to property owners within 500 feet of the above described property; and WHEREAS, the Planning Commission held a public hearing on March 26, 2001; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, the public hearing was open for public testimony. Bill Pritchard of US Home Corporation expressed his objection to the requirement that the westerly 83 feet of the original taxing parcel be dedicated to the City for public right -of- -way purposes. No written or verbal testimony was received for or against the lot split application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously approved the application. MU5U1UL1U1l U i -U/+ I Page 2 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves simple lot division to split a 20 -acre parcel of land located at 6240 Ideal Avenue South, legally described above, into two separate lots of record of 17.5 acres and 2.5 acres, subject to the following conditions: 1. The property is rezoned to a residential zoning classification that is consistent with the City's Comprehensive Plan 2020, as adopted on October 18, 2001. 2. A park dedication fee in lieu of land dedication and recreation fee is paid to the City of Cottage Grove if in the event a building permit is issued for the 17.5 -acre parcel. The fees required by City resolution at the time the building permit is issued shall apply. Currently, the park fee is $1,000 per single - family dwelling and the recreation fee is $150 per residential unit. 3. A storm sewer area charge for the entire 20.0 -acre parcel totaling $4,295.12 shall be paid prior to the City releasing the property deeds for recording. 4. The westerly 60 -feet of the original taxing parcel shall be dedicated to the City for public right -of -way and inclusive of all other public improvements (e.g. street lighting, sanitary sewers, water, storm sewer, etc.) purposes. 5. The easterly 33 feet of the original taxing parcel shall be dedicated to the City for public right -of -way and inclusive of all other public improvements (e.g. street lighting, sanitary sewers, water, storm sewer, etc.) purposes. 6. The following utility and drainage easements shall be dedicated to the City as required by the City's Subdivision Ordinance (Title 10, Chapter 5, Section 6(D)): a. A 10 -foot wide drainage and utility easement paralleling the westerly right- of-way line of Ideal Avenue. b. A 10 -foot wide drainage and utility easement centered on the west boundary line of the 2.5 -acre parcel. c. A 10 -foot wide drainage and utility easement centered on the north boundary line of the 2.5 -acre parcel. d. A 5 -foot wide drainage and utility easement along and paralleling the south boundary line of the original taxing parcel. e. A 5 -foot wide drainage and utility easement along and paralleling the north boundary line of the original taxing parcel. I\GJVIU LIU[I V I - U - r I Page 3 7. Private access onto the proposed CSAH 13 is prohibited, unless reviewed and approved by Washington County and City of Cottage Grove in the future. Passed this 18th day of April, 2001. Sandra Shiely, Mayor" Attest: Caron M. Stransky, City C erk RESOLUTION NO. 01 -042 RESOLUTION APPROVING THE SIMPLE LOT DIVISION OF A 20 -ACRE PARCEL OF LAND LOCATED AT 6120 IDEAL AVENUE SOUTH INTO TWO SEPARATE TAXING PARCELS OF 17.5 ACRES AND 2.5 ACRES WHEREAS, Donald L. and Bonnie M. Bialucha have applied for a simple lot division to split a 20 -acre parcel of land into two separate lots of record of 17.5 acres and 2.5 acres. The property is.legally described below: That part of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota lying north of the south 1761.72 feet thereof except the north 100 feet of the east 150 feet of said East Half of the Northeast Quarter. Commonly known as 6120 Ideal Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, a public hearing notice was published in the South Washington County Bulletin and notices were mailed to property owners within 500 feet of the above described property; and WHEREAS, the Planning Commission held a public hearing on March 26, 2001; WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, the public hearing was open for public testimony. Bill Pritchard of US Home Corporation expressed his objection to the requirement that the westerly 83 feet of the original taxing parcel be dedicated to the City for public right -of -way purposes. No written or verbal testimony was received for or against the lot split application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously approved the application. rtCSVIUUUII U 1 - U 1 +4 Page 2 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves simple lot division to split a 20 -acre parcel of land located at 6120 Ideal Avenue South, legally described above, into two separate lots of record of 17.5 acres and 2.5 acres, subject to the following conditions: 1. The property is rezoned to a residential zoning classification that is consistent with the City's Comprehensive Plan 2020, as adopted on October 18, 2001. 2. A park dedication fee in lieu of land dedication and recreation fee is paid to the City of Cottage Grove if in the event a building permit is issued for the 17.5 -acre parcel. The fees required by City resolution at the time the building permit is issued shall apply. Currently, the park fee is $1,000 per single - family dwelling and the recreation fee is $150 per residential unit. 3. A storm sewer area charge for the entire 20.0 -acre parcel totaling $4,295.12 shall be paid prior to the City releasing the property deeds for recording. 4. The westerly 60 -feet of the original taxing parcel shall be dedicated to the City for public right- of-way and inclusive of all other public improvements (e.g. street lighting, sanitary sewers, water, storm sewer, etc.) purposes. 5. The easterly 33 -feet of the original taxing parcel shall be dedicated to the City for public right -of -way and inclusive of all other public improvements (e.g. street lighting, sanitary sewers, water, storm sewer, etc.) purposes. 6. The following utility and drainage easements shall be dedicated to the City as required by the City's Subdivision Ordinance (Title 10, Chapter 5, Section 6(D)): a. A 10 -foot wide drainage and utility easement paralleling the westerly right - of -way line of Ideal Avenue. b. A 10 -foot wide drainage and utility easement centered on the west boundary line of the 2.5 -acre parcel. c. A 10 -foot wide drainage and utility easement centered on the north boundary line of the 2.5 -acre parcel. d. A 5 -foot wide drainage and utility easement along and paralleling the south boundary line of the original taxing parcel. e. A 5 -foot wide drainage and utility easement along and paralleling the north boundary line of the original taxing parcel. Muz5u] U UU1 I u 1 - UI+4 Page 3 7. With the exception of the possible public roadway connection in the northwest corner of the 17.5 -acre parcel, private access onto the proposed CSAH 13 is prohibited, unless reviewed and approved by Washington County and City of Cottage Grove in the future. Passed this 18th day of April, 2001. Sandra Shiely, Mayor` Attest: r Caron M. Stra, sky, City Clerk RESOLUTION NO. 05-065 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PINECLIFF 2ND ADDITION WHEREAS, U.S. Home Corporation has applied for a preliminary plat for development of a residential subdivision known as "Pinecliff 2nd Addition." The proposal consists of 118 lots for unattached single - family homes and 5 outlots on the northwest corner of 65th Street and Hinton Avenue, located on property legally described as: The East Half of the Northeast Quarter except the south 500 feet of the east 440 feet thereof Section 5, Township 27, Range 21, Washington County, Minnesota. WHEREAS, public hearing notices were mailed to surrounding property owners within 500 feet of the proposed development site and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission of the City of Cottage Grove held a public hearing and reviewed the applications on March 28, 2005; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously recommended approval of the pre- liminary plat, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota hereby approves the preliminary plat for development of a residential subdivision known as "Pinecliff 2nd Addition," which consists of 118 lots for unattached single - family homes and 5 outlots, to be located on the property legally described above, subject to the following conditions: The developer must pay park dedication fees in lieu of land dedication and recreation fees at the rate applicable at the time of final plat approval. Payment of the park fees in lieu of land dedication and recreation fees will be based on the number of lots platted within each final plat phase. 2. Outlots B and C must be conveyed to the City of Cottage Grove. Utility area charges will be calculated over an area that includes all outlots, except for the Resolution No. 05 -065 Page 2 area of the outlots below the normal water elevation. No credit will be given to park land dedication for Outlots A, Q, and E. 3. A concrete sidewalk, six feet in width, must be constructed along one the east side of Ideal Avenue, between 65th Street and Street A at the north end of the plat and along one side of 62nd Street, between Hinton Avenue and Street A. An eight -foot wide bituminous trail must be constructed along the north side of 65th Street and within Outlot B, between Street A and Ideal Avenue. An eight -foot wide bituminous trail must be constructed between Lots 11 and 12, Block 8. The cost to repair damaged sidewalks or trails during the construction process will be the developer's responsibility. 4. The developer must hire an arborist to assist with all facets of tree preservation on the site. The arborist will supervise installation and maintenance of tree preservation fencing and tree /brush removal process. When or if grading occurs within the dripline of a tree slated for preservation, the arborist must be on site to review grading for those areas. Mitigative measures to aid in preservation of trees slated to remain will occur based upon the recommendations of the arborist. Should trees designated for preservation be removed, the developer will replace the trees in accordance with the ordinance criteria. Trees designated for preservation which are found to be diseased, dying, or not suited for location into the project may be removed based upon the recommendation of the arborist in agreement with the City and the developer. The developer is responsible for tree review, removal, and potential mitigation until such time as the property is sold to the homeowner. Prior to closing on the house the developer will review the status of the trees on the site and remove /replace any dead or dying trees. On the public property, the developer will be responsible for the removal and replacement of dead, dying, or diseased trees until such time as the entire plat is built out and all private lots sold. 5. The developer must submit appropriate engineering information for retaining walls prior to any grading beginning on the site. All fencing and retaining walls must be decorative and subject to staff review and approval. 6. The revised grading and utility plan, which reflects changes recommended in the staff report and modifications to the grading plan to increase stormwater quality ponding, must be submitted to the City for staff review and approval prior to the submission of the final plat applications to the City. All emergency overflow swales must be identified on the grading and erosion control plan. 7. Elevations at the foundation of all structures must be a minimum of two feet above the emergency overflow elevation and /or high water elevation of any stormwater pond. 8. All monument signs must comply with the City's Sign Ordinance and must be placed only on private property. The Homeowners Association or the landowner Resolution No. 05.065 Page 3 where the monument signs are located is responsible for the maintenance of the sign on their property. All monument signs must be uniformly designed with materials and color. 9. The developer must submit a copy of the private covenants which details the following: a. The homeowners association is responsible for all ownership and maintenance of common land area landscaping improvements, and common fencing as de- picted on the final plat. If the outlot goes tax forfeit and the City obtains ownership, the City will bill annually each landowner within the Pinecliff Second plat a proportionate cost to maintain these areas. b. Monument signs must be maintained by the homeowners association. c. Any fencing installed along Hinton Avenue, 65th Street, and Ideal Avenue must be constructed of black vinyl clad chainlink material, not higher than 42 inches in height. Should an individual property owner decide to install a fence that parallels any of the roadways described above, the fence must be placed on the house side of the landscaping that is required along the perimeter of the subdivision. d. No barrier or planting should encroach upon or over any public walkway system. e. The homeowners association is responsible for maintenance of the boulevard areas along Hinton Avenue and 65th Street. f. All structures (e.g. principal structure, accessory structure, play structures, sand boxes, swimming pools, etc.) compost, firewood, kennels, etc. must setback a minimum of 20 feet from the common boundary line between Lots 11 and 12, Block 8. If the property owner desires to erect a fence, then the fence must be placed on the house side of the landscaping along the public trail that is centered on the common boundary line between Lots 11 and 12, Block 8. g. All mailboxes must be uniformly designed with materials and color. 10. A 10 -foot wide maintenance bench must be two -feet above a pond's normal water level. 11. Pond slopes above the ten -foot maintenance bench must not be steeper than a 4:1 slope. 12. The developer must comply with all city ordinances and policies. Resolution No. 05 -065 Page 4 13. Street names will be determined by the City. The developer must modify the final plat to include street names assigned by the City. 14. Monument signs constructed for the development must not reference the developer's company name. 15. All landscaped entrance features must be irrigated. Passed this 20th day of April, 1005. andra Shiely, Mayor Attest: Caron M. Stransky, City Cleric Jun 09 05 08:22a Jai Liberacki 65i- 888 -7586 6/8 105 VIA FAX T(Y. 'Tom and Cheri Shannon CC: Joe 'Taylor Th eft Perry '1 udd"Andc rson From: Jay Liberacki Vice president Land Division US Home $e: Pinecliff Community being developed around your horns; and out buildings 'Phis letter is to restate in writing, phone conversations we have had over the Last two days. You wish wt to have to pay Association dues while you own you' home and any adjacent vacant homesites. I've agreed to that. These homesites will be within'the Association from the beginning, so that US Rome can review house plans etc. for " consistence with the community. When you sell any ol'the three lots you have; r(aained, the Associations will begin collecting due on those homcsites from the new owners and the new owners will be full members of the Association. 1 have agreed that the zacwssory storage garage and its access from the mst will remain during and following the first phase ofconstruction. We will be grading adjacent to the structure per the plat and grading plans we have previously provided to you. Grading operations do cause surrounding ground vibration, hopefully that will not disturb the contents of the structure. Likewi,v, we be grading west of your home, which will affect your septic field. US Rome will coordinate any interim sanitary sewer system to keep your home fully functioning between the initial grading and the hoof up to the public sanitary sower system. - Per the intent of our Purchase Agreement and the plat and gra plans I have previously provided to y�)u, the proposed homesit+es and grading to not neatly IZsllow the ownership lines of the parcel you have retained. T o create a good community plan and meet the requirements of the city, ,grading and platting cross the ownership liners. I believe the Purchase Agreement talked about cooperation darMg the development ofthe community. We will need you to sign a `consent t o pl agreement to be able to record the first Plat. Page I of I RESOLUTION NO. 05 -093 RESOLUTION APPROVING THE FINAL PLAT NAMED PINECLIFF 2ND ADDITION WHEREAS, U.S. Home Corporation has applied for final plat approval of a residential subdivision named "Pinecliff 2nd Addition." This plat consists of 57 lots for detached single - family homes and three outlots, all of which are located on property legally described as: East Half of the of the Northeast Quarter except the south 500 feet of the east 440 feet thereof, Section 5, Township 27, Range 21, Washington County, Minnesota. WHEREAS, the Planning Commission held a public hearing on March 28, 2005, to review the preliminary plat application filed by U.S. Home Corporation. The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Res. No. 05-065) on April 20, 2005; and WHEREAS, City staff reviewed the final plat and found it substantially consistent with the preliminary plat approved by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by U.S. Home Corporation for development of a residential subdivision named Pinecliff 2nd Addition consisting of 57 lots for detached single- family homes and three outlots, subject to the following conditions: The developer must abide by the 15 conditions stipulated in Resolution No. 05 -065, approving the preliminary plat. 2. The developer must enter into a development agreement with the City of Cottage Grove for the installation of and payment for all public improvements in the subdivi- sion, pursuant to Title 10 -3 -3 of the City's Subdivision Ordinance. 3. The City's consulting engineer is authorized to prepare a preliminary feasibility re- port and to prepare the plans and specifications for all the public improvements necessary for this project. Resolution No. 05 -093 Page 2 4. City staff is authorized to prepare a development agreement for approval by the City Council. 5. All other drainage and utility easements as recommended by the City's consulting engineer must be shown on the final plat. 6. All public right -of -ways and easements must be dedicated to the City for public purposes. 7. The dimensions of each lot must be verified on the final plat and a list containing the square footage for each lot must be provided to the City. 8. The developer must disclose to homebuyers the land uses of the surrounding va- cant property. 9. The final plat must be recorded with the Washington County Recorder's Office prior to the City awarding bids to construct public streets and utilities. 10. The development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 11. All emergency overflow swales must be identified on the Grading and Erosion Control Plan, 12. The subdivider must furnish the City with a reproducible copy and four (4) prints of the recorded plat. 13, Erosion control must be performed in accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's Subdivision Ordinance, 14. Upon completing site grading, four copies of an "As- Built" survey for the site grade elevations must be submitted to the City. Passed this 15th day of June 2005. U-Mw Ira S h iely Mayo r Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2010-122 RESOLUTION APPROVING THE FINAL PLAT NAMED PINECLIFF 3RD ADDI T ION WHEREAS, U.S. Home Corporation has applied for final plat approval of a residential subdivision named "Pinecliff 3rd Addition." This plat consists of 22 lots for detached single - family homes and two outlots, all of which are located on property legally described as: Outlot A, PINECL.IFF 2nd ADDITION, according to the recorded plat thereof, Washington County, Minnesota. m That part of the East Half of the of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Mnnesota, lying North of the South 1,761.72 feet thereof, except the East 507.30 feet of the North 214.64 feet of the South 1,976.36 feet of said East Half of the Northeast Quarter. WHEREAS, the Planning Commission held a public hearing on March 28, 2005, to review the preliminary plat application filed by U.S. Home Corporation. The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Res. No. 05 -065) on April 20, 2005; and WHEREAS, City staff found the final plat substantially consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by U.S. Home Corporation for development of a residential subdivision named Pinecliff 3rd Addition consisting of 22 lots for detached single - family homes and two outlots, subject to the following conditions: 1. The developer must abide by the 15 conditions stipulated in Resolution No. 05 -065, approving the preliminary plat. 2. The developer must enter into a development agreement with the City of Cottage Grove, pursuant to Title 10 -3 -3 of the City's Subdivision Ordinance. 3.. All utility, drainage, and development plans with specifications must conform to the intent of the plans prepared by games R. Hill, Inc. and dated March 18, 2010. These plans shall be approved by the City Engineer prior to issuance of any building permit. The Developer may start rough grading of the lots before the plat is filed if all Page 2 fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required securities. 4. The development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 5. All emergency overflow swales must be identified on the Grading and Erosion Control Plan. 6. Erosion control must be performed in accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10-5-8, Erosion Control During Construction, of the City's Subdivision Ordinance. 7. Upon completing site grading, four copies and one pdf format of the "As-Built" survey for the site grade elevations must be submitted to the City, 8. It is the developer's responsibility to keep active and up to date.the developer's contract and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 9. The developer must furnish an irrevocable letter of credit in the amount of $679,214.00 (for off -site improvements) to ensure that the developer will construct or install and pay for the following: a. Pave streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f, Water system (trunk and lateral) and water house service stubs g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs h. Storm sewer system i. Street and traffic control signs/signals j. Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer k. Adjust and repair new and existing utilities 1. Sidewalks and trails m. .Erosion Erosion control, site grading and ponding n. Surveying and staking o. Park and storm water basin boundary markers These Improvements are all in conformance with City approved plans and specifications and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said Page 3 improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expiration date as the Developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City at least forty -five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw down the letter of credit. The City may draw down the security without prior notice for any default of the Development Agreement. 10. A Developer's cash escrow in the amount of $35,748.00 posted with the City's Finance Director in a non - interest bearing account to cover engineering, legal and administrative costs incurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 11. An engineering cash escrow in the amount of $50,047.00 posted with the City's Finance Director in a non - interest bearing account to cover costs of City services, expenses, and materials provided in reviewing and processing of the final plat, including but not limited to. staff time, legal expenses, office and field inspections, general inspections, and all other city staff services performed. 12. Payment of park dedication fees in the amount of $44,906.40 is based on 22 lots and 48.6 percent of the $4,200 per lot park fee because park land dedication was only partially satisfied. The park fee is due and payable at the time of executing this agreement. Park fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 13. Outlot A of Pinecliff 3rd Addition shall be deeded to the City without any credit to park land dedication. 14. The Homeowner's Association for this phase of development is responsible for the maintenance of all vegetation and landscaping lying within Outlot A of Pinecliff 3rd Addition. The City will rough cut the vegetation within Outlot A, Pinecliff 3rd Addition twice per year if the Homeower's Association does not maintain this area. 15. The Developer shall pay a storm water area charge of $74,039.12. This fee is due and payable at the time of executing this Development Agreement. Storm water area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. Page 4 16. The Developer shall pay a waterworks area charge of $30,210'.96. This fee is due and payable at the time of executing this Development Agreement. Waterworks area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. A 12- diameter inch water main will be constructed along Hinton Avenue. The oversizing of this water main is estimated to cost $7,680.00. This amount was subtracted from the waterworks area charge and will be paid from the City's waterworks trunk fund. 17. The Developer shall pay a sanitary sewer area charge of $19,939.30. This fee is due and payable at the time of executing this Development Agreement. Sanitary sewer area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. 18. The City will supply the street light poles and luminaries. The Developer will pay the City $2,890.00 for street light poles and $3,475.00 for street light luminaries. This fee is due and payable at the time of executing this Development Agreement. 19. The Developer will pay the City $1,150.00 for ten boundary markers. The developer must install the boundary markers upon completing the construction of public improvements and final site grading. This fee is due and payable at the time of executing this Development Agreement. 20. The Developer shall pay the City $1,742.40 for street light utility and surcharge fee. This fee is due and payable at the time of executing this Development Agreement. 21. The Developer agrees to pay a fee of $5,412.80 for initial sealcoating of streets and trail in the subdivision. This fee shall be deposited in the City's street sealcoating fund upon execution of the Development Agreement. The City agrees to sealcoat the streets in the subdivision no later than two years after 19 houses within the subdivision have been constructed. 22. The Developer is responsible for establishing the final grades, topsoil, and seeding of all the residential lots and Outiot A within Pinecliff 3rd Addition and the trail corridor located north of Block 1, Pinecliff 2nd Addition. The City is responsible for planting 67 deciduous trees, 22 conifer trees, and 11 landscaping beds within the Pinecliff 3rd Addition and a portion of the trail corridor north of Block 1, Pinecliff 2nd Addition. The City will plant these trees and shrubs as shown in Exhibit A of the July 2, 2008 Settlement Agreement between the City and U-S. Home Corporation. The developer is responsible for site restoration and seeding after the City completes the landscaping. 23. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control .plan shall be implemented by the Developer and. inspected and approved by the City. The City may impose additional Page 5 erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 24. All areas disturbed by the excavation and back - filling operations shall be fertilized,, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 25. The Developer is responsible for Erosion Control inspection fees at the current rates. If the Developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 26. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 27. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 28. During construction, streets must be passable at all times, free of debris, materials, soils, snow, and other obstructions. 29. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. 30. Approval of Title by the City Attorney. 31. No building permit will be issued until such time as adequate public utilities, including street lights, and streets have been installed and determined to be available to use. The City will require that the utilities, lighting, and street system have been constructed and considered operational prior to issuance of any building permits in the development. Also, the City must have all the necessary right-of-way and/or easements needed for the property to be serviced. 32. The applicant shall agree to perform a comprehensive search to locate any existing wells on the property. All. located and unused wells are to be properly abandoned and sealed, in accordance with applicable County and State law. 33. A final plat showing the correct square footage for each lot area must be submitted prior to recording the final plat with the Washington County Recorder's office. Page 6 34. All drainage and utility easements as recommended by the City Engineer must be . shown on the final plat and dedicated to the City for public purposes. 35. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. 36. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. 37. Adequate dumpsters must be on site during construction of streets, utilities, and houses: When the dumpsters are full, they must be emptied immediately or replaced with an empty dumpster. The developer is responsible to require each builder to provide an on -site dumpster to contain all construction debris, thereby preventing it from being blown off site. 38. Adequate portable toilets must be on -site at all times during construction of utilities, roadways, and houses. At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 39. The Developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 40. Irrigation systems installed within City right of way are solely the developers, homeowners association or individual homeowner's responsibility and risk. The City is not responsible or liable for any damage or relocation as a result of City use of or future changes in the right of way. 41. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three -foot wall with a back slope greater than four -to- one shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. f=ollowing construction, a certification signed by the design engineer shall be filed with the City Engineer as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. 42. Upon completion of the work, the Developer shall provide the City with a full set of as -built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must.also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as- builts, the City will produce them at the Developer's expense. Page 7 43. The City will not have any responsibility with respect to any street or other public improvement unless the street or other public improvement has been formally accepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written request for acceptance from the developer, the City Engineer will conduct a final inspection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in. the State of Minnesota, and receipt of reproducible record drawings and satisfactory test results, the City Engineer will notify the developer in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. 44. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 45. The plat shall be developed in one phase. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. 46. All trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. If a sidewalk or trail exists on or next to a parcel that is to be built upon and if any part of that trail or sidewalk is damaged; the builder must repair the damaged walkway before a Certificate of Occupancy is issued for that particular parcel. 47. The Developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform all necessary work and/or inspections during the installation of public improvements by the City. 48. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off - site. Burning of trees and structures is prohibited, except for fire training only. 49. The Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday Saturday Sunday 7:00 A.M. to 7:00 P.M. 8:00 A.M. to 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result- in a $500 fine per occurrence. 50. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ERO-7 for construction requirements. The water service line and shut-off valve shall not be located in the driveway. 51. ' The Developer is responsible for the control of grass and weeds in excess of eight inches on vacant 'lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer's default and the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 52. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the. work by this Development Agreement. 53. Developer will provide to the City copies of bids, change orders, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. 54. Developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer must maintain a smooth driving surface and adequate drainage on all streets until they are completed and accepted by the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obligations imposed upon Developer by this paragraph. Page 9 55. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 56. The Developer agrees to grant to the City and without cost to the City a temporary drainage and utility easement .and public access easement for the construction of a temporary cul-de -sac at the east end of 60th Street South and 61st Street South. These temporary easements' will expire at the time the future Pin ecliff phases are platted and developed. The Developer shall post a "Future Street Extension" sign at the east end of each temporary cukde� sac. 57. The Developer agrees to grant to the City and.without cost to the City a temporary public trail easement over the proposed trail located between Homestead Avenue South and 61 st Street South. 58, Lots 9, 10, and 11, Block 3 are prohibited from accessing Hinton Avenue South (CSAH 13). 59. The Developer must place iron monuments at all lot and' block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right -of -way grading has been completed in order to preserve the lot markers for future property owners. 60.. The Developer must dedicate and survey all storm water holding ponds as required by the City for the Subdivision. The - Developer is responsible for storm sewer cleaning and holding pond dredging, as required by the City prior to completion 'of the development and acceptance by the City. An as -built survey must be submitted prior to City acceptance. 61. The Developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). 62. The Homeowner's Association(s) or the homeowner that has a sidewalk on their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. 63. The Developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance of a building permit. 64. If a monument entrance sign is proposed, the Developer must prepare detailed plans of its construction and landscaping around the monument and submit the design to the Community Development Department for approval. The Developer is Page 10 responsible for the construction and landscaping around the monument. The landscaping and monument sign must not be within any public right-of-way and the Homeowner's Association is responsible for the maintenance of the monument and landscaping around the monument. A building permit is required for monument signs, 65. The City will provide to the Developer the street name plates and poles. The Developer must pay the City for the costs of labor and materials for these street name signs before any building permit is issued, 66. The City's curb replacement policy must be complied with. 67. The Special Provisions — Divisions 1, 2, and 16 of Pinecliff 2nd Addition will have precedence when specifying applicable products or materials for the Pinecliff 3rd project to ensure that the Approved Plans meet City expectations when conflicts exist with the CEAM specifications, plan sheets, etc. Passed this 18th day of August, 2010. N My ors Bailey, Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2011-046 RESOLUTION APPROVING THE FINAL PLAT NAMED PINECLIFF 4TH ADDITION WHEREAS, U.S. Home Corporation has applied for final plat approval of a residential subdivision named "Pinecliff 4th Addition." This plat consists of 14 lots for detached single- family homes and two outlots, all of which are located on property legally described as: Outlot B, PINECLIFF 3RD ADDITION, according to the recorded plat thereof, Washington County, Minnesota. .WHEREAS, the Planning Commission held a public hearing on March 28, 2005, to re- view the preliminary plat application filed by U.S. Home Corporation, The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Res. No. 05 -065) on April 20, 2005; and WHEREAS, City staff found the final plat substantially consistent with the approved prelimi- nary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by U.S. Home Corporation for development of a residential subdivision named Pinecliff 4th Addition consisting of 14 lots for detached single - family homes and two outlots, subject to the following conditions: 1. The developer" must abide by the 15 conditions stipulated in Resolution No. 05 -065, approving the preliminary plat. 2. The developer must enter into a development agreement with the City of Cottage Grove, pursuant to Title 10 -3 -3 of the City's Subdivision Ordinance. 3. All utility, drainage, and development plans with specifications must conform to the intent of the plans prepared by James R. Hill, Inc. and dated March 18, 2010. These plans shall be approved by the City Engineer prior to issuance of any building per- mit. The Developer may start rough grading of the lots before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required securities. 4. The development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 5. All emergency overflow swales must be identified on the Grading and Erosion Control Plan. Kesolution No. LU1I -U4b Page 2 6. Erosion control must be performed in accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5-8, Erosion Control During Construction, of the City's Subdivision Ordinance. 7. Upon completing site grading, four copies and one pdf format of the "As- Built survey for the site grade elevations must be submitted to the City. 8. It is the developer's responsibility to keep active and up to date the developer's con- tract and financial surety (e.g. Letter.of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 9. The developer must furnish an irrevocable letter of credit in the amount of $328,995.00 (for off -site improvements) to ensure that the developer will construct or install and pay for the following: a. Pave streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f. Water system (trunk and lateral) and water house service stubs g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs h. Storm sewer system i. Street and traffic control signs /signals j. Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer k, Adjust and repair new and existing utilities 1. Sidewalks and trails m. Erosion control, site grading and ponding n. Surveying and staking o. Park and storm water basin boundary markers These Improvements are all in conformance with City approved plans and specifi- cations and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may re- duce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expi- ration date as the Developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be ex- tended from time to time if the extension is furnished to the City at least forty -five (45) days prior to the stated expiration date of the security. If the required public im- Kesofution IVo. zu "i "i-u4u Page 3 provements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw down the letter of credit. The City may draw down the security without prior notice for any default of the Development Agreement. 10. A Developer's cash escrow in the amount of $17,311.00 posted with the City's Finance Director in a non - interest bearing account to cover engineering, legal and administrative co.sts..i:ncurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 11. An engineering cash escrow in the amount of $24,235.00 posted with the City's Finance Director in a non - interest bearing account to cover costs of City services, expenses, and materials provided in reviewing and processing of the final plat, in- cluding but not limited to staff time, legal expenses, office and field inspections, general inspections, and all other city staff services performed. 12. Payment of park dedication fees in the amount of $28,576.80 is based on 14 lots and 48.0 percent of the $4,200 per lot park fee because park land dedication was only partially satisfied. The park fee is due and payable at the time of executing this agreement. Park fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 13. The Homeowner's Association for this phase of development must be part of the Homeowner's Association for the entire Pinecliff neighborhood. The Homeowner's Association is responsible for the maintenance of all vegetation and landscaping lying within the stormwater basins within the Pinecliff neighborhood. The City will rough cut the vegetation within the stormwater basins twice per year if the Home- owner's Association does not maintain these areas. 14. The Developer shall pay a storm water area charge of $33,553.261. This fee is due and payable at the time of executing this Development Agreement. Storm water area charge for subsequent phases shall be calculated and paid based upon re- quirements in effect at the time the development agreements for those phases are entered into. 15. The Developer shall pay a waterworks area charge of $8,173.89. This fee is due and payable at the time of executing this Development Agreement. Waterworks area charge for subsequent phases shall be calculated and paid based upon re- quirements in effect at the time the development agreements for those phases are entered into. AA 12- diameter inch water main was be constructed along Hinton Ave- nue within the Pinecliff 3rd Addition. The oversizing of this water main is estimated to cost $7,080.00 and was not credited in the Pinecliff 3rd Addition phase. This amount was subtracted from the waterworks area charge calculation for the Pinecliff 4th Addition and the $7,680.00 will be paid from the City's waterworks trunk fund. Kesoiution r4o. zu "i'3 -vqu Page 4 16. The Developer shall pay a sanitary sewer area charge of $8,340.15. This fee is due and payable at the time of executing this Development Agreement_ Sanitary sewer area charge for subsequent phases shall be calculated and paid based upon re- quirements in effect at the time the development agreements for those phases are entered into. 17. The City will supply the street light poles and luminaries. The Developer will pay the City $2,496,00 for street light poles and $2,788.00 for street light luminaries. This fee is due and payable at the time of executing this Development Agreement. 18. The Developer shall pay the City $1,108.80 for street light utility and surcharge fee. This fee is due and payable at the time of executing this Development Agreement. 19. The Developer agrees to pay a fee of $2,600.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City's street sealcoating fund upon execution of the Development Agreement. The City agrees to sealcoat the streets in the subdivision no later than two years after 13 houses within the subdivi- sion have been constructed. 20. The Developer is responsible for establishing the final grades, topsoil, and seed- ing of all the residential lots within Pinecliff 4th Addition. The City is responsible for planting 15 deciduous trees within the Pinecliff 4th Addition. The City will plant these trees as a yard tree shown in Exhibit A of the July 2, 2008 Settlement Agreement between the City and U.S. Home Corporation. The developer is re- sponsible for site restoration and seeding after the City completes the landscaping. 21. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 22. All areas disturbed by the excavation and back- filling operations shall be fertilized, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emer- gency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the Devel- oper in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations. If the Developer does not reim- burse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 23. The Developer is responsible for Erosion Control inspection fees at the current rates. If the Developer does not reimburse the City for the costs the City incurred for Kesoiution iVo. Lu "i "i -u4Ej Page 5 such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 24. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 25. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 26. During construction, streets must be passable at all times, free of debris, materials, soils, snow, and other obstructions. 27. The Developer shall. comply with the 1991 Wetlands Conservation Act, as amended. 28. Approval of Title by the City Attorney. 29. No building permit will be issued until such time as adequate public utilities, in- cluding street lights, and streets have been installed and determined to be available to use. The City will require that the utilities, lighting, and street system have been constructed and considered operational prior to issuance of any building permits in the development. Also, the City must have all the necessary right -of -way and /or easements needed for the property to be serviced. 30. The applicant shall agree to perform a comprehensive search to locate any existing wells on the property. All located and unused wells are to be properly abandoned and sealed, in accordance with applicable County and State law. 31. A final plat showing the correct square footage for each lot area must be submitted prior to recording the final plat with the Washington County Recorder's office. 32. All drainage and utility easements as recommended by the City Engineer must be shown on the final plat and dedicated to the City for public purposes. 33. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. 34. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. 35. Adequate dumpsters must be on site during construction of streets, utilities, and houses. When the dumpsters are full, they must be emptied immediately or re- placed with an empty dumpster. The developer is responsible to require each Kesowtion ['40. ZVI - 1 -V40 Page 6 builder to provide an on -site dumpster to contain all construction debris, thereby preventing it from being blown off -site. 36. Adequate portable toilets must be on -site at all times during construction of utilities, roadways, and houses. At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 37. The Developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 38. irrigation systems installed within City right of way are solely the developers, home- owners association or individual homeowner's responsibility and risk. The City is not responsible or liable for any damage or relocation as a result of City use of or future changes in the right of way. 39. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three -foot wall with a back slope greater than four -to- one shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. 40. Upon completion of the work, the Developer shall provide the City with a full set of as -built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. if the Developer does not provide as- builts, the City will produce them at the Developer's expense. 41. The City will not have any responsibility with respect to any street or other public im- provement unless the street or other public improvement has been formally ac- cepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written re- quest for acceptance from the developer, the City Engineer will conduct a final in- spection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test re- sults, the City Engineer will notify the developer in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. v - esoiution loo. ZU` I -U40 Page 7 42. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 43. The plat shall be developed in one phase. No. earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Re- corder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. 44. All sidewalks to be constructed as part of the development must be completed be- fore building permits will be issued. If a sidewalk exists on or next to a parcel that is to be built upon and if any part of that sidewalk is damaged; the builder must repair the damaged walkway before a Certificate of Occupancy is issued for that particular parcel. 45. The Developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform all necessary work and /or inspections during the installation of public improvements by the City. 46. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from con- struction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off - site. Burning of trees and structures is prohibited, except for fire training only. 47. The Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday Saturday Sunday 7:00 A.M. to 7:00 P.M. 8 :00 A.M. to 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 -hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence. 48. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ERO -7 for con- Kesomion ivo. zui i-u4tj Page 8 struction requirements. The water service fine and shut -off valve shall not be located in the driveway. 49. The Developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer's default and the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 50. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work by this Develop- ment Agreement. 51. Developer will provide to the City copies of bids, change orders, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. 52. Developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. if and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer must maintain a smooth driving surface and adequate drainage on all streets until they are completed and accepted by the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obliga- tions imposed upon Developer by this paragraph. 53. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 54. Lots 1, dock 1 is prohibited from accessing ideal Avenue. 55, The Developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right -of -way grading has been completed in order to preserve the lot markers for future property owners. 56. The Developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). Resolution No. 2011-040 Page 9 57. The Homeowner's Association(s) or the homeowner that has a sidewalk on their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. 58. The Developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance of a building permit. 59. The City will provide to the Developer the street name plates and poles. The De- veloper must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 60. The City's curb replacement policy must be complied with. 61. The Special Provisions — Divisions 1, 2, and 16 of Pinecliff 2nd Addition will have precedence when specifying applicable products or materials for the Pinecliff 4th project to ensure that the Approved Plans meet City expectations when conflicts exist with the CEAM specifications, plan sheets, etc. Passed this 20th day of April, 2011. My)& Bailley, l� or Attest: Caron M. Stransky, City Clerk Receipt:# 194471 RES $46.00 Return to: G - CITY OF COTTAGE GROVE 7516 80TH ST S COTTAGE GROVE MH 55016 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF COTTAGE GROVE 3894814 Certified Fifed and /or recorded on: 6/281201212:47 PM 3894814 Off of the County Recorder Washington County, Minnesota JennirerWagenius, county Recorder I, the undersigned, being the duly qualified and acting City Clerk of the City of Cottage Grove, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copies of Resolution No. 2092 -048 of the City of Cottage Grove with the original on file in my office and the same is a full, true and complete transcript therefrom. WITNESS, my hand as such City Clerk and the corporate seal of the City this 26th day of June, 2012. Caron M. Stransky City Clerk G:ICITYFILES112 CITYFILESI004FP Pinecliff 5th Add itionTlanning1FP12 -004 Pinecliff 5th Res, Ito. 2012 -048 Recording Cover.doc } - (3 11 � r � ' ' � : I�f�a �S:J� � J v 1� r 4� r ee , ��` s ., G:ICITYFILES112 CITYFILESI004FP Pinecliff 5th Add itionTlanning1FP12 -004 Pinecliff 5th Res, Ito. 2012 -048 Recording Cover.doc RESOLUTION NO. 2012-048 RESOLUTION APPROVING THE FINAL PLAT NAMED PINECLIFF 5TH ADDITION WHEREAS, U.S. Home Corporation has applied for final plat approval of a residential subdivision named "Pinecliff 6th Addition." This plat consists of 27 lots for detached single- family homes and three outlots, all of which are located on property legally described as: Outlot D, PINECLIFF 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota And Outlot A, PINECLIFF 4TH ADDITION, according to the recorded plat thereof, Washington County, Minnesota .2 1 The East 507.30 feet of the North 214.64 feet of the South 1,976.36 feet of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota And The East 494.94 feet of the South 220.00 feet of the North 660.51 feet of the South 1,761.72 feet of the East half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota me That part of the west half of vacated Ideal Avenue lying southerly of the easterly extension of the northerly line of Outlot A, PINECLIFF 4TH ADDITION, according to the recorded plat thereof, Washington County, Minnesota and lying northerly of the easterly extension of the northerly line of Outlot D, PINECLIFF 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota. WHEREAS, the Planning Commission held a public hearing on March 28, 2005, to re- view the preliminary plat application filed by U.S. Home Corporation. The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Res. No. 05 -065) on April 20, 2005; and WHEREAS, City staff found the final plat substantially consistent with the approved prelimi- nary plat. Resolution No. 2012 -048 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by U.S. Home Corporation for development of a residential subdivision named Pinecliff 5th Addition consisting of 27 lots for detached single - family homes and three outlots, subject to the following conditions: 1: The developer must abide by the 15 conditions stipulated in Resolution No. 05 -065, approving the preliminary plat. 2. The developer must enter into a development agreement with the City of Cottage Grove, pursuant to Title 103 -3 of the City's Subdivision Ordinance. 3. All utility, drainage, and development plans with specifications must conform to the plans that are approved by the City Engineer. The developer may start rough grading of the lots before the plat is filed, if a MPCA Construction Storm Water Permit has been issued and the City has been furnished with a $30,000 cash escrow or Letter of Credit. 4. The development of this project must comply with the grading and erosion control plans as,approved by the City Engineer. 5. All emergency overflow swales must be identified on the Grading and Erosion Control Plan, 6. Erosion control must be performed in' accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and 'the conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's Subdivision Ordinance. 7. Upon completing site grading, four copies and one pdf format of the "As- Built" survey for the site grade elevations must be submitted to the City. 8. It is the developer's responsibility to keep active and up to date the developer's con- tract and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 9. The developer must furnish an irrevocable letter of credit for the on -site improvements to ensure that the developer will construct or install and pay for the following: a. Pave streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f. Water system (trunk and lateral) and water house service stubs .Rdsolution No. 2012 -048 Page 3 g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs h. Storm sewer system 1. Street and traffic control signs /signals j. Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer k. Adjust and repair new and existing utilities 1. Sidewalks and trails M. Erosion control, site grading and ponding n. Surveying and staking o. Park and storm water basin boundary markers These Improvements must be in conformance with City approved plans and specifi- cations and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may re- duce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expi- ration date as the developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be ex- tended from time to time if the extension is furnished to the City at least forty -five (45) days prior to the stated expiration date of the security. If the required public im- provements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw dawn the letter of credit. The City may draw down the security without prior notice for'any default of the Development Agreement. 10. The developer must deposit a cash escrow with the City that will be specified in the development agreement. This escrow must be posted with the City's Finance Director in a non - interest bearing account to cover engineering, . legal and administrative costs incurred by the City. If this account becomes deficient if shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 11. An engineering cash escrow that will be specified in the development agreement must be posted with the City's Finance Director in a non - interest bearing account to cover • costs of City services, expenses, and materials provided in reviewing and processing of the final plat, including but not limited to staff time, legal expenses, office and field inspections, general inspections, and all other . city staff services performed. 12. Payment of park dedication fees in the amount of $41,990.40 is based on 27 lots and 48.6. percent - of the $3,200 per lot park fee because park land dedication was only partially satisfied. The park fee is due and payable at the time of executing the development agreement. Resolution No. 2012 -048. Page 4 13. The Homeowner's Association for this phase of development must be part of the Homeowner's Association for the entire Pinecliff neighborhood. The Homeowner's Association is responsible for the maintenance of all vegetation and landscaping lying within the stormwater basins within the Pinecliff neighborhood. The City will rough out the vegetation within the stormwater basins twice per year if the Home- owner's Association does not maintain these areas. =14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part of the Homeowners Association for the entire Pinecliff neighborhood. 15. The Developer pays a storm water area charge. This fee is due and payable at the time of executing the development agreement, 16. The Developer pays a waterworks area charge. This fee is due and payable at the time of executing the development agreement. 17. The Developer pays a sanitary sewer area charge. This fee is due and payable at the time of executing the development agreement. 18. The City will supply the street light poles and luminaries, The Developer will pay the City for street light poles and street light luminaries. This fee is due and payable at the time of executing the development agreement. 19.. The developer shall pay the City $2,138,40 for street light utility and surcharge fee. This fee is due and payable at the time of executing the, development agreement. 20. The developer agrees to pay a fee for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City's street sealcoating fund upon execution of the development agreement. The City agrees to sealcoat the streets in the subdivision no later than two years after 24 houses within the subdivision have been constructed. 21. The Developer is responsible for establishing the final grades, topsoil, and seed- ing of all the residential lots within Pinecliff 5th Addition. The City is responsible for planting 35 deciduous trees within the Pinecliff 5th Addition. The City will plant these trees as a yard tree shown in Exhibit "A" of the July 2, 2008 Settlement Agreement between the City and U.S. Home Corporation. The developer is re- sponsible for site restoration and seeding after the City completes the landscaping within Outlots A and B. 22. After the site is rough graded, but before any utility construction commences. or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. Resblution No. 2012048 Page 5 23. All areas disturbed by the excavation and back- filling operations shall be fertilized, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emer- gency determined at the sole discretion of the City, the .City may take such action as it deems appropriate to control erosion immediately. The City will notify the Devel- oper in advance of any proposed action, but failure of the City to do so will not affect .the Developer's and the City's rights or obligations. if the Developer does not reim- burse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 24. The Developer is responsible for Erosion Control inspection fees at the current rates. If the Developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 25. Burying construction debris, frees, shrubs, and other vegetation is prohibited on the site. 26. Dust control measures must be in. place to prevent dust and erosion, including, but not limited to daily wafering, silt fences, and seeding. The City Engineer may impose . reasonable measures to reduce dust at the site. 27. - During construction, streets must be passable at all times, free of debris,, materials, soils, snow, and other obstructions. 28. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. 29. Approval of Title by the City Attorney. 30. No building permit will be issued until such time as adequate public utilities, In- cluding street lights, and streets have been installed *and determined to be available to use. Also, the City must have all the necessary right-of-way and(o.r easements needed for the property to be serviced. A building permit may be issued for Lots 1 and 2, Block 5 and Lots 1 and 2, Block 3 if that portion of temporary roadway and utilities are available to the frontage of these parcels. 31. A final plat showing the correct square footage for each lot area must be submitted prior to recording the final plat with the Washington County Recorder's office. 32. All drainage and utility easements as recommended by the City Engineer must be shown on the final plat and dedicated to the City for public purposes. 33. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. Resolution No. 2012 -048 Page 6 34. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. 35. ' Adequate dumpsters must be on site during construction of streets, utilities, and houses. When the dumpsters are full, they must be emptied immediately or re- placed with an empty dumpster. The developer is responsible to require each builder to provide an on -site dumpster to contain all construction debris, thereby preventing it from being blown off -site. 36. Adequate portable toilets must be on -site at all times during construction of utilities, roadways, and houses, At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 37. The Developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners, 38. Irrigation systems installed within City right of way are solely the developers, home- owners association or individual. homeowner's responsibility and risk. The City is not responsible or liable for any damage or relocation as a result of City use of or future changes in the right of way. 39. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three -foot wall with a back slope greater than four -to- one shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. 40. Upon. completion of the work, the Developer shall provide the City with a full set of as -built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as- builts, the City will produce them at the Developer's expense. 41. The City will not have any-responsibility with respect to any street or other public im- provement unless the street or other public improvement has been formally ac- cepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written re- quest for acceptance from the developer, the City Engineer will conduct a final in- Rersolution No. 2012 -048 Page 7 spection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base 'the inspection on compiiance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test re- suits, the City Engineer will notify the developer in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. 42. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 43. The plat shall be developed in one phase. 44. All sidewalks to be constructed as part of the development must'be dompleted be- fore building permits will be issued. If a sidewalk exists on or next to a parcel that is to be built upon and if any part of that sidewalk is damaged; the builder must repair the damaged walkway before a Certificate of Occupancy is issued for' that particular parcel. 45. The Developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform. all necessary work and/or inspections during the installation of public improvements by the City. 46. The Developer shall weekly, or more often if required by the City Engineer, clear from the public, streets and property any soil, earth 'or debris resulting from con- struction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off- site. Burning of trees and structures is prohibited, except for fire training only. 47. The Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday 7:00 A.M. to 7:00 P.M. Saturday 8:00 A.M. to 5:00 P.M. Sunday Not Allowed This does not apply to activities that are required on a 24 -hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence. 48. The Developer is responsible to require each builder within the development to provide a Class 6 aggregate entrance for every house that is to be constructed in Resolution No. 2012 -048 Page 8 the development. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ER4 -7 for con- struction requirements: The water service line and shutoff valve shall not be located in the driveway. 49. The' Developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer's default and the City may, at Its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 50. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work by this Develop- ment Agreement. 51. Developer will provide to the City copies of bids, change orders, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. 52. Developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. if and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer must maintain a smooth driving surface and adequate drainage on all streets until they are completed and accepted by the City. Developer hereby agrees to indemnify. acid hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obliga- tions imposed upon Developer by this paragraph. 53. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 54. The Developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right-of-way grading has been completed in order to preserve the lot markers for future property owners. 55. The Developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). rResolution No. 2012 -048 Page 9 56. The Homeowner's Association(s) or the homeowner that has a sidewalk on their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. 57. The Developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance -of a building permit. 58. The City will provide to the Developer the street name plates and poles. The De- veloper must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 59. The City's curb replacement policy must be complied with. .60. The Special Provisions — Divisions 1, 2, and 16 of Pinecliff 2nd Addition will have precedence when specifying applicable products or materials for the Pinecliff.4th project to ensure that the Approved Plans meet City expectations when conflicts exist with the CEAM specifications, plan sheets, etc. 61. The developer must deed to the City Outlots A, B and C. The City will accept ownership of these outlots once all the improvements. are installed, slit fence barriers are removed and ground vegetation exists on these parcels. 62. The developer must install 17 park and open space boundary markers as shown in Exhibit C. The Developer' must pay the City $1,955.00 for the park and open space boundary markers and install these markers before the City will issue a building permit for a house within the Pinecliff 5th Addition. 63. The' City must complete the landscaping within the Pinecliff 5th Addition as stipulated in the Settlement Agreement dated July 2, 2008. A copy of the landscaping improvements required to be installed by the City. is shown in Exhibit "C" of the Development Agreement for Pinecliff 5 th Addition. The City shall complete the landscaping improvements within Outlots A and B before November 1,. 2013. 64. The developer is responsible for the costs and removal of the roadway materials, sub -base materials, relocate all existing utilities and grading the former 'public roadway and placing a minimum of six inches of topsoil within that segment of Ideal Avenue between 60 Street and 63 Street. The City agrees to vacate and discontinue the public use of this segment of Ideal Avenue once the new Ideal Avenue roadway is constructed. The City agrees to contribute $112,101.00 toward the costs. associated with the reconstruction of Ideal Avenue for the west one -half of the roadway between 60 Street and 63 Street as stipulated in the Settlement Agreement dated July 2, 2008. Resolution No. 2012 -048 Page 10 65. The developer agrees to remove all existing septic and drainfield systems and private wells in accordance with applicable County and State laws. A copy of the documents certifying that the private wells and septic /drainfield systems have been removed must be filed with the City before any building permit is issued on Lots 3, 4 and 5, Block 3. and Lots 3, 4 and 5, Block 5. 66. The accessory structure at 6120 Ideal Avenue must be removed from its current location. It may be relocated to Lot 4, Block 3 of Pinecliff 5th Addition, but a building permit application must be filed with the Cottage Grove Building Inspections Division and a building permit issued by the City. The minimum setback requirements for accessory structures must be met. 67. The accessory structure at 6240 Ideal Avenue is permitted to remain on Lot 4, Block 5 of Pinecliff 5 th Addition as along as the land ownership for Lots 4 and 5, Block 5 is the same. Once a new home is proposed to be constructed on Lot 4, Block 5 or if the current land owners Thomas V. and Sharon L. Shannon sell Lot 4, Block 5, then the existing accessory structure on Lot 4, Block 5 must be removed from the property. Replacement of the existing accessory structure must comply with the City ordinance regulations. A demolition permit application must be filed with the Cottage Building Inspection Division. 68. Developer responsible for the replacement of the private access drives for the two existing residential properties. The developer is responsible for paving all, residential driveways within Pinecliff 5 th Addition. The developer must also provide reasonable vehicular access to the homeowners at 6120 and 6240 Ideal Avenue and for public safety emergency vehicles and equipment during site grading and construction process. 69. The temporary bituminous trail segments located between Lots 1 and 2, Block 3 and along the west side of Lot 1, Block 4 shall be removed by the developer. 70. The proposed city sanitary sewer service to Lot 5, Block 5 must be provided to Ideal Avenue and the existing temporary sanitary sewer line extending from Lot 5, Block 5 to the northwest and between Lots 1 and 2, Block 5 must be removed by the developer. 71. The developer must comply with all the recommendations provided in Stantec's letter to the City Engineer dated May 10, 2012. 72. The City Engineer must approve the developer's grading and construction plans before site grading for the Pinecliff 5th Addition can begin. 73. The existing gravel private driveway located on Lot 4, Block 5 can remain on the property until such time the existing accessory structure on Lot 4, Block 5 is removed. During the interim, a portion of the gravel private driveway must be paved a minimum of 40 feet west from the west curb of the new Ideal Avenue. This driveway must not be closer than six feet to the north property line of Lot 4, Y ' Rdsolution No. 2012 -048 Page 11 Block 5 of Pinecliff 5th Addition. The developer must stake the location of the future private driveway for Lot 4, Block 5 of Pinecliff 5 th Addition so that a driveway apron can be constructed. 74. 'City approval of the Pinecliff 5th Addition final plat is contingent to City conducting a public hearing for the vacation and discontinuance of that part of existing Ideal Avenue South lying between 60 Street and 63 Street. The City will not release the final plat mylars until the vacation and discontinuance of this section of right- of-way is completed. , 75. City approval of the Pinecliff Stn Addition final plat is subject to the relocation and/or removal. of private utilities within that segment of existing Ideal Avenue lying between 60 Street and 63 Street and executing certain agreements with abutting property owners and utility companies. 76. City approval of the Pinecliff 5 th Addition final plat is subject to the dedication of certain temporary and permanent easements dedicated for public purposes from landownership east of existing Ideal Avenue. Passed this 16th day of May, 2012. Attest: Myr Ballet', M or Caron M. Stransky, City Clerk Receipt:# 204542 DAG $46.00 Return to: NORTH AMERICAN TITLE CO 5001 AMERICAN BLVD #255 BLOOMINGTON MN 55437 3914993 III III IIII VIII III II (IIII IIII IIII I IIII IIII I Certified Filed and/or recorded on: 11/2/2012 4:55 PM 3914993 Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder DEVELOPMENT AGREEMENT DEVELOPMENT AGREEMENT PINECLIFF 5` ADDITION THIS DEVELOPMENT AGREEMENT ( "Agreement ") is entered into on the 20th day of June, 2012 by and between U. S. Home Corporation, a Delaware corporation, referred to as "Developer" and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of Minnesota, hereinafter referred to as the "City." RECITALS A. Developer is the fee owner and developer of parcels of land described in Exhibit "A ", which is to be developed as a subdivision in the City bearing the name "Pinecliff 5th Addition" and may sometimes hereinafter be referred to as the "Subject Property". B. City has approved the preliminary plat (Resolution No.05 -065) and final plat named Pinecliff 5th Addition, a single - family development on 17.7 acres that is subdivided into 27 single - family lots and three outlots; contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein. C. City requires that certain public improvements, which are herein referred to as the "Public Improvements" including, but not limited to storm dra systems,_ sanitary sewer, water, grading, driveway aprons, street lighting, trails, sidewalks, curb and gutters, and streets, be installed to serve the Subject Property and other properties affected by the development of the Subject Property, all at the expense of the Developer. D. Developer will perform other work and install certain improvements within the Subject Property, which work and improvements typically consist of boulevard sod, yard sod, landscaping, drainage swales, erosion control, street cleaning, and abandonment of existing roadway, private drive replacement and the likes thereof and'which improvements to the Subject Property shall be referred to herein as "On -Site Improvements ". Public Improvements and On -Site Improvements are collectively referred to as the "Improvements." E. Developer shall develop the Subject Property and install the Improvements in conformance with the plans and specifications previously reviewed and approved by the City, which are set forth on Exhibit "B" attached hereto (the "Approved Plans "). NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Request for Plat Approval. The City approved the final plat for Pinecliff 5 th Addition on May 16, 2012. This residential subdivision is located in the City of Cottage, Grove, County of Washington, State of Minnesota, and is legally described in Exhibit A. NOWM AMSRICAN TTfL.E COMPANY SOUTHGATE OFFICE PLAZA 1 5W1 AMERICAN BLVD. W., STE. 255 BLOOMINGTON, MN 7 2. Conditions of Approval. The City hereby approves the Plat and this Agreement on the conditions that: a. The Developer enter into this Agreement and abides by the 21 conditions stipulated in Resolution No. 07 -129, approving the preliminary plat and the 76 conditions stipulated in Resolution No. 2012 -048 the resolution approving the final plat, and the terms of this Agreement. That U.S. Home Corporation has entered into an agreement with Thomas V. and Sharon L. Shannon and Donald L. and Bonnie M. Bialucha for purposes of indemnifying and reimbursing the Shannons and Bialuchas all liabilities and costs asserted against or incurred by them for developing Pinecliff 5 Addition. A copy of these agreements are attached as Exhibits "E" and "F" ; and b. The Developer provide to the City upon execution of this Agreement: i. An irrevocable letter of credit in the amount of $752,846.00 for all Public Improvements; and ii. Proof of public liability and property damage insurance covering personal injury, including death and claims for property damage which may be caused by reason of the operation of the Developer's equipment and laborers, or caused by Developer's completion of the Public Improvements. Limits for bodily injury or death shall not be less than $1,000,000 for one person and a $2,000,000 for each occurrence; limits for property damage shall not be less than $500,000 for each occurrence. The Developer - must - keep - the - insurance - in - force at times that construction the development is -- — progress. The City must be named as an additional insured on the policy and must provide that the insurer must give the City ten days' written notice prior to cancellation or termination of the insurance policy; and iii. Cash payment to the City totaling $264,361.36 for the following: Sanitary sewer area charge $28,894.31 Water trunk area charge $54,925.54 Stormwater assessment area charge $116,244.71 Street sealcoating $7,990.00 Park Fee in lieu of land dedication $41,990.40 Trail Sealcoating $2,675.00 Street light u ' ' $4,992.00 Street light uminaires $5,576.00 Park and Open Space Markers $1,955.00 Curb Box Inspections $8,100.00 Street Light Utility Charge $1,587.60 Street Light Utility Surcharge $550.80 Future Sidewalk alon g Ideal Avenue $5,890.00 5% Total Project Cost $36,972.00 7% Engineering $51,761.00 Sub -total $370,104.36 _z. I C - ity Contribution Toward Ideal Ave. (Credit) $105,743.00 Total $264,361.36 The Developer record the Plat with the County Recorder within six months after City Council approval of the final Plat. d. The Developer agrees to furnish all labor, materials and equipment per Resolutions No. 05- 065 (Preliminary Plat) and the city resolution approving the final plat for Pinecliff Stn Addition and perform street and utility repair and adjustment in conformance with the approved drainage /development plans prepared by James R. Hill, Inc. and with a May 21, 2012 revision date. A copy of the approved plans must be filed with the City Engineer prior to commencement of construction of the Improvements by the Developer. The Developer must install 17 park and open space boundary markers at the locations shown in Exhibit "C ". The Developer must pay the City $1,955.00 for the park and open space boundary markers and install these markers before the City will issue a building permit for a house within the Pinecliff 5 Addition. f. The terms of the Settlement Agreement between the City of Cottage Grove and U.S. Home Corporation dated July 2, 2008 are incorporated into and made a part of this Development Agreement. That the City will install yard trees and park and buffer plantings as shown in _ Exhibit A of the Settlement Agreement at a cost not to exceed $71,738.00 for all the phases in the P1iiR1 ff subdivis'ibii and'the contribute '$�105,743.00 - fof the rerouting and - reconstructing that part of Ideal Avenue located between 60 Street and 63 Street. A copy of the landscaping plan referenced in the July 2, 2008 Settlement Agreement is attached as Exhibit "D ". g. The City will remit payment to the Developer for the actual costs to construct water and sanitary sewer stubs that will serve the public park. The Developer has estimated these costs to be approximately $13,264.00. The Developer requesting payment must submit a certified copy of their contractor's payment form showing the quantities, unit prices, and actual cost amount. In no instance will payment exceed 110 percent of the Developer's original estimate. h. The City is requiring the construction of a 12 -inch watermain to accommodate future development east of Ideal Avenue. The Developer has estimated the cost difference between the typical 8 -inch to 12 -inch diameter. piping is approximately $21,000.00. The City will reimburse the Developer for the actual cost for this watermain oversizing. The Developer requesting payment must submit a certified copy of their contractor's payment form showing the quantities, unit prices, and actual cost amount. In no instance will payment exceed 110 percent of the Developer's original estimate. 3. The City is requiring the extension of the trunk sanitary sewer to the east right -of -way line of Ideal Avenue at 63 Street South for future development east of Ideal Avenue. The Developer has estimated the additional cost to construct this trunk sanitary sewer to be approximately $59,958.00. The Developer requesting payment must submit a certified copy of their contractor's payment form IF9Z showing the quantities, unit prices, and actual cost amount. In no instance will payment exceed 110 percent of the Developer's original estimate. Development Plans and Right to Proceed. The Developer may not construct any Improvements until all the following conditions have been satisfied: a. This Agreement has been fully executed by both parties and filed with the City Clerk. b. The necessary securities, warranties, and escrows as required by this Agreement have been received by the City.' c, The Plat has been submitted for recording with the Washington County Recorder's Office, and d. The City has issued a letter stating that all conditions of this Agreement have been satisfied and that the Developer may proceed. The Developer agrees that the Improvement work shall be done and performed in a workmanlike manner and all materials and labor shall be in strict conformity with the approved plans and specifications and City ordinances. Any material or labor supplied rejected by the City or City Engineer as defective or unsuitable per the Approved Plans shall be removed and replaced with approved material to the reasonable satisfaction or approval of the City or the City Engineer at the cost and expense of Developer. The Developer shall submit a written schedule indicating the progress schedule and order of completion of the Improvements. It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the Improvements, the City Council, in its discretion, may extend the date herein for complatiori and'thff any bozid - - be co cover thThuprovement workduring - this extension of time. It is distinctly understood and agreed that all Improvement work covered by this Agreement shall be done at no expense to the City. The Developer agrees to commence the Public Improvement work required by this Agreement on or before July 1, 2012, and will have all Improvements done and fully completed to the reasonable satisfaction and approval of the City Engineer on or before November 15, 2012, except all concrete work must be completed by October 15, 2012 and the wear course/final lift of all streets in the subdivision and the abandonment of old Ideal Avenue South, which must be completed within three years from the date all other Improvements are accepted by the City or when 24 of the 27 houses have been constructed, whichever is sooner. 4. The Developer shall not do any work or furnish any materials not covered by the Approved Plans or this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City as provided in the Approved Plans. Any such work or materials which may be done or furnished by the Developer's contractor without such written order first being given shall be at the Developer's own risk, cost and expense and the Developer hereby agrees that without such written order the Developer will make no claim for compensation for work or materials so done or furnished. It is further agreed, anything to the contrary herein notwithstanding, that the City, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractors, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or cause of any action of any kind -4- or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvement work and the Improvements and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, except for any such claims, demands, damages, actions or causes of action caused by the misconduct or negligence of the City or someone acting on its behalf. S. Staking, Surveying and Inspections Developer must provide all staking and surveying for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for construction inspections at the Developer's expense. Developer must notify the City Engineer at least 48 hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. The following scope of services shall be allowed for site observations by the City Inspector /City Soil Engineer and City Engineer Consultant. Observations will be limited to one City employee or one City Engineer Consultant, but not both simultaneously to observe work scope for conformance to City standards and project documents. However, if a need for consultation on site together with each person from the City and the Consultant or technical expert is required due to nonconformance by the contractor or an unusual site condition, the Developer will compensate for this service. This does not include daily site inspections for crosion control, pre - construction meeting, or weekly site meetings for multiple personnel if required. 6. Final Inspection/Acceptance Upon completion of the Improvements, the City Engineer and representatives of the Developer's contractor and/or engineer will promptly make a final inspection of thelmproveineiits:' Before final payment"is fnEide to the contrractor liythe Developer, the City - Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and all City inspections for the work were performed, and the Developer's engineer shall submit a written statement attesting to the same. The Developer's contractor performing the Public Improvements for the Developer must submit to the City a 100% Warranty Maintenance Bond that shall run for a minimum of one year. Said bond shall run from date of acceptance by the City of all Public Improvements. At the time of final acceptance of the Public Improvements, if it is determined by the City that the Approved Plans were not adhered to, or that the Public Improvement work was done without City inspections, the Developer agrees to increase the length of the 100% Warranty Maintenance Bond up to a maximum of five (5) years as reasonably determined by the City Engineer. The Warranty period for streets commences after the final placement of the wear course. The City Engineer will notify the developer in writing of the City's approval of the Improvements and schedule the request for acceptance by the City Council. The final approval and acceptance of the Improvements by the City Council shall constitute final approval and acceptance by the City without further action on the part of any party hereto. 7. Default by Developer In the event of default by the Developer as to any of the Improvement work to be performed hereunder by the Developer, its successors or assigns, the City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may draw upon any financial guaranty(ies) posted in conformance with this Agreement. In the event the City .5- draws from any financial guaranty(ies) sums that exceed the costs or damages to the City, the City will promptly return such excess amounts to the Developer. Notwithstanding anything to the contrary contained in this Agreement, if the City determines that the Developer is in default of any of the terms of this Agreement, the City shall promptly notify Developer of the default and /or non - compliance ( "Cure Period "). The City agrees to provide the Developer a reasonable and appropriate amount of time for the Developer to correct any noted defaults, based on the measures that will need to be taken by the Developer to correct the default. In the. event Developer fails to correct said non - compliance within the designated Cure Period, the City may take any other remedy or action available to the City under the terms of this Agreement. 8. Denial of Permits Breach of any term of this Agreement by the Developer or failure to comply with City ordinances shall be grounds for denial of building or occupancy permits for buildings within the subdivision until such breach is corrected by the Developer. 9. Attorneys' Fees The Developer will pay the City's reasonable attorney's fees to be fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement, or in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 10. Assignment The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld, conditioned or delayed. 11. Agreement to Run with Land The Developer agrees to record this Agreement among the land records of Washington County, Minnesota simultaneously with recording of the plat of "The Waters at Michael's Pointe." The provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 12. Release Upon completion and approval of all Improvements required herein, including completion and acceptance of the Improvements and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument (in form sufficient to remove this Agreement as a further encumbrance against the Property) releasing all Property from the terms of this Agreement. 13. Severability The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 14. Consent The Developer represents and warrants that there are no other persons or entities with interests in the Property. 15. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. -6- 16. Yard Trees and Landscaping. The Settlement Agreement made between the City and U.S. Home Corporation on July 2, 2008 stipulated that the City install front yard trees, park and buffer plantings for the Pinecliff 2 Additions, which included all future phases within the Pinecliff 2nd Addition preliminary plat. According to the Agreement, the City agreed to a $78,096.00 value. As of June 1, 2012, the City has planted trees and landscape buffers totaling $54,528.00. The balance of the City's obligation is $23,568.00. The City will plant additional trees at a cost not to exceed $23,568.00. Once the City has met their tree planting obligation amount, the Developer is responsible in completing the landscaping improvements within all Pinecliff phases, including the park and open space areas. It is estimated that the Developer is responsible for completing the planting of approximately 83 trees and all remaining landscaping beds as shown in Exhibit A of the 2008 Settlement Agreement. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. U. By Its CITY OF COTTAGE GROVE: By: A�- - on aile , a r B &el t.J M Caron M. Stransky, City Clerk ' ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me thi day of , 2012, by Myron Bailey, Mayor and Caron M. Stransky, City Clerk of the City of Co age Grove, a Minnesota municipal corporation, on behalf of the corporation. Notary Public (Notary Seal) CORRINE A. HEINE NOTARY PUBLIC ° t �'- MINNESOTA 'ii My Commission Expires Jan. 91, 2015 .y. ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF On this 2&4,ay of 2012, before me, a notary public within and for said County, personally appeared Youkhan Aune, Vice - President of U.S. Home Corporation, a Delaware corporation, on behalf of said corporation, did say that he is respectively the Vice - President of U.S. Home Corporation, and he did acknowledge and execute act and deed on behalf of said Corporation. (Notary Seal) �txear CAROL E100HEY Notary Public State of Minnesota My Commission Expires January 31.'20178 1, 2017 THIS DOCUMENT DRAFTED BY: Community Development Department City of Cottage Grove 7516 — UP Street South Cottage Grove, MN 55016 -s- EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY Outlot D, PINECLIFF 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota And Outlot A, PINECLIFF 4 TH ADDITION, according to the recorded plat thereof, Washington County, Minnesota And The East 507.30 feet of the North 214.64 feet of the South 1,976.36 feet of the East Half of the Northeast Quarter of Section 5, Township 27, Range 24Washington County, Minnesota Um The East 494.94 feet of the South 220.00 feet of the North 660.51 feet of the South 1,761.72 feet of the East half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota And That part of the west half of vacated Ideal Avenue lying southerly of the easterly extension of the northerly line of Outlot A, PINECLIFF e ADDITION, according to the recorded plat thereof, Washington County, Minnesota and lying northerly of the easterly extension of the northerly line of Outlot D, PINECLIFF 2 N° ADDITION, according to the recorded plat thereof, Washington County, Minnesota. .9. It SCHEDULE OF APPROVED PLANS -to- EXHIBIT "C" Yard Trees and Park Boundary Markers I 60TH STREET SOUTH Vl 4• 4 L11, 10N aaX I _ I ---.� ,� 4- 17 1, Aw all, .. I I v i Y j\ , I !N ro 00 L W.5 ra A- Rcslj 'VID WWI Q oil X. j i lffgjeET �a �� �R � �� � � � s I I ~- j J I I EXHIBIT "D" Landscaping Plan According to the July 2, 2008 Settlement Agreement's Exhibit "A" �[ v[ ��� SM1141ir A -12- EXHIBIT "E" June 7, 2012 Re: Letter Agreement between U.S. Home Corporation and Thomas Shannon and Sharon Shannon regarding Pinecliff 5th Addition property in Washington County, Minnesota (the "Development "). Dear Tom and Sharon: We appreciate your cooperation in the process we have been going through to obtain municipal approvals for our proposed Development. Tn consideration for your signatures needed on various applications and agreements with the City and for your continued cooperation with all such items, we agree to indemnify and reimburse you with respect to any liabilities and costs asserted against or incurred by you by reason of or arising out of our work on the Development. This includes all assessments and costs relating to the "Public Improvements" and "On -Site Improvements" required to be completed by the "Developer" under the terms of the Development Agreement (Pineeliff 5th Addition) entered into with the City of Cottage Grove on or about the date of this letter. In addition, we agree to complete at no cost to you: Running a sewer and water service to within 5 feet of the current foundation of your existing; home. You will be responsible for the actual cost and completion of the hook ups U.S. Home Corporation, .a DelaWre corporation By: Name: Jona A. e Its: Vice lAsidell, MN Land Division 8945610x1 Consent and Acknowledgement EXHIBIT ` June 7, 2012 Re: Letter Agreement between U.S. Home Corporation and Donald Bialucha and Bonnie Bialucha regarding Pinecliff 5th Addition property in Washington County, Minnesota (the "Development") Dear Don and Bonnie, We appreciate your cooperation in the process we have been going through to obtain municipal approvals for our proposed Development. In consideration for your signatures needed on various applications and agreements with the City and for your continued cooperation with all such items, we agree to indemnify and reimburse you with respect to any liabilities and costs asserted against or incurred by you by reason of or arising out_of our work on the Development. This includes all assessments and costs relating to the "Public Improvements" and "On-Site Improvements" required to be completed by the "Developer" under the terms of the Development Agreement (Pinecliff 5th Addition) entered into with the City of Cottage Grove on or about the date of this letter. In addition, we agree to complete, the Developer Items identified on the attached Schedule A at no cost to you. U.S. Home Corporation, corporation By: Name: n A. A e Its: ice esident, MN Land Division Consent and Acknowledgement �� ��l'��,Q%►� -tom Bonnie Bialucha 8945401v1 Developer Financed Constructed Improvements h Addition SITE INFORMATION 201 Ess Area I 17.716 acres lvl;�4 Outiots A (gross acreag 3.646 acres Outlot B (gross acrea a 1.493 acres Outlot C area above HWL) 0.095 sq. ft. Ri ht-o ay 3.124 acres Lot Areas 9.207 acres Net Acreage of Develop Area 17.565 acres No. of Residential Lots 27 lots Largest residential lot area = 23,738 sq, ft. Smallest residential lot area = 11,590 sq. ft. Average residential lot area = 14,854 s . ft. 10721 sq, ft. gross 6,566 sq. ft. below HWL 0.0953857 ac. Above HWL CASH PAYMENT TO CITY $275 '1 tree @ 275 RATE $4,400 16 trees Yard Trees for PC4 UNITS COST Sanitary Sewer Area Charge $1,645.00 per acre West Draw Area 1 17.565 $28,894.31 Water Area Charge $3,127.00 per acre West Draw Areal 17,565 $54,925.54 Stormwater Area Charge $6,618,00 per acre West Draw Area 1 17.565 $116,244,71 AUAR -Fee $416;00 per aGFe $0:00 $44 PeF We 0 $0.-00 Street Light Poles $624.06 per pole 8 $4,992.00 Street Light Luminaires $697.00 per luminaire 8 $5,576.00 Street - Sealcoating " - $1,00 per sq; yard - - - — 7;990 - - - $7;990:00 Trail Sealcoating $2.50 per sq. yard 1,070 $2,675.00 Boundary Markers $115.00 per marker 17 $1,955.00 Curb Stop Inspections $300.00 per lot 27 $8,100.00 Park Fee (Park land dedication credited ) $3,200 per lot 148.6 % of $3,200 27 $41,990.40 Street Light Utility Charge $2.45 per mo, per lot X 2 yrs. 27 $1,587.60 Sidewalk along Ideal (Future Const.) $5,890.00 Street Light Utility Surcharge $0.85 per mo. per lot X 2 yrs. 27 $550.80 5% Cash Payment $36,972.00 7% Engineering $51,761.00 CASH Payment to City $370,1047 Credit for Sanitary Sewer and Watermaln... Note; City plants 35 yard trees and completes landscaping in Outiots A and B. July 2, 2008 Settlement Agreement stipulates at an agreed on present value of $78,096. Yard Trees and Landscaping for PC2 $275 '1 tree @ 275 Yard Trees'for PC3 $4,400 16 trees Yard Trees for PC4 $3,850 14 trees Yard Trees for PC5 $3,850 35 trees Sunnyhill Park $8,050 22 trees and 2 landscaping beds @ $1,000 per bed Linear Open Space $14,975 29 trees and 7 landscaping beds @ $1,000 per bed Total Amount Spent to Date $54,528 Credits 'ark Stubs $13,264.00 $59,958.00 $21,000.00 Developer Financed Constructed Improvements City Agreed Cost $,B,oP inecliff 5th *f Addition Balance Remaining $23,568 May 3, 201 Z a O J° 0 c U g u� M o m W JJ A 4 o bS E d �a x � �z N v'o rn� L 0. A m Ri & SO 9 0 .� R v 7� oa fd ,S c Q .q RS •� Oi O C F Jg p s ig: Y o v+s .� . T`" � lu aR EL2 o � � E T � O v E $ � w 2 E fi Q B ,s Q @ L 43 g � c o g dg5�o R o rn �i M. rn q d BAR s s§ 2 u 1 Q E 0 4 A V XkSi C O W 1 V . E S � � o m '� � •� 9 �43 ds o .,p o EBE Qo�g�g � s S13 N. , •H v r � H W.� O a O r N c O g. " :jg of o°,� cJ d o ° r M aV� vi w ui O p R ? W CL ae ae ae ae ae ae ae x ae ° -& EE � U g u� M o m W JJ A 4 o bS E d �a x � �z N v'o rn� L 0. A m Ri & SO 9 0 .� R v 7� oa fd ,S c Q .q RS •� Oi O C F Jg p s ig: Y o v+s .� . T`" � lu aR EL2 o � � E T � O v E $ � w 2 E fi Q B ,s Q @ L 43 g � c o g dg5�o R o rn �i M. rn q d BAR s s§ 2 u 1 Q E 0 4 A V XkSi C O W 1 V . E S � � o m '� � •� 9 �43 ds o .,p o EBE Qo�g�g � s S13 ENTERED IN TRANSFER RECORD W HINGTO COUN , MI A h 6'OiY1 J n- MOLLY . O'ROURKE, AU IT R -T EASURER BY PUT F- qp DECLARATION OI COVENANTS, CONDITIONS AND RESTRICTIONS VVVViVu/ I II III 111111 VIII I II II VIII VI II VIII VIII II II Ill/ • Office of the County Recorder Washington County, MN Certified flied and/or recorded on: 2005112/66 4:10:00 PV 3556269 Cindy Nooemenn s* County Recorder 1 t ; THIS DECLARATION, made on this V S 7 - day of Qc a bet 2005, by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as "Declarant "); WITNESSETH: WHEREAS, Declarant is the owner of the real property described on Exhibit A attached hereto and by this reference incorporated herein for all purposes, and desires to create thereon a residential community for the pleasure, recreation and genexal benefit of the residents of said community; and WMIZEAS, Declarant is desirous of, establishing certain minimum standards for the development of a residential development or developments located in the City of Cottage Grove, County of Washington, State of Minnesota,- described on Exhibit A attached hereto and ,made a part hereof, to ensure proper use and appropriate development and improvement of each residential site therein contained as to: (a) protect the Owners of Lots against such improper use of such surrounding buildings and Lots as will depreciate the value of their property; (b) guard against the erection thereon of structures constructed of improper or unsuitable materials; (c) ensure adequate and reasonable development of said Property; (d) encourage the erection of attractive improvements appropriately located to prevent inharmonious appearance and function; (e) provide adequate setbacks, offstreet parking; and (f) in general, to benefit and burden the Lots for the purpose of facilitating the development and maintaining the desired tone of the community, and AERECAH BL W. .... . BL row, MR say thereby securing to the Owner of each Lot the full benefit and enjoyment thereof, with no greater restriction on the free and undisturbed use of the Lots than is necessary to ensure the same advantages to the other Lots which are subject to the terms of this Declaration. (Letters (a), (b), (c), (d), (e) and (f) above are sometimes hereinafter collectively called the "Criteria for Standards ".) WHEREAS, Declarant has deemed it desirable for the pleasure and recreation of said community, and for the efficient preservation of the values and amenities in said community, to create an agency to receive the power to attend to and effectuate policies and programs that will enhance the pleasure and value of said community, and maintain, administer and enforce the covenants and restrictions, and collect and disburse the assessments and charges hereinafter created; and WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota, Pinecliff Homeowners' Association, Inc. for the purpose of exercising the functions as aforesaid; and WHEREAS, the Lots subject to this Declaration consist solely of separate parcels of real estate designed or utilized for detached single - family Living Units; and WHEREAS, Pinecliff Homeowners' Association, Inc., a Minnesota non -profit corporation, has no obligation to maintain any building containing a Living Unit. NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that the real property described on Exhibit A and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed and occupied subject to the conditions, restrictions, easements, charges and liens hereinafter set forth, which covenants, restrictions and easements shall ran with the real property described on Exhibit A and any additional property annexed thereto pursuant to the provisions set forth in Article II, and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE X. Definitions 1.1 Definitions. The following words, when used in this Declaratiori, shall have the following meanings: (a) "Association" shall mean and refer to Pinecliff Homeowners' Association, Inc., a non - profit corporation organized and existing under the laws of the State of Minnnesota, and its successors and assigns. 2 (b) "Declarant" shall mean and refer to U.S. Home Corporation, a Delaware corporation, its successors and assigns, if such successor or assign shall acquire more than one undeveloped Lot from the Declarant for the purpose of development. Notwithstanding the foregoing, no individual or entity acquiring an undeveloped Lot from the named Developer shall become a "Developer" or "Declarant" solely by reason of such acquisition, but only as a result of a specific assignment of Developer and /or Declarant rights, which assignment shall not be effective unless incorporated in the instrument of conveyance. (c) "Developer" shall mean and refer to the Declarant. (d) "Living Unit" shall mean and refer to a residential housing unit consisting of a group of rooms and hallways and attached garage which are designed and intended for use as living quarters for one family and located or to be located upon one Lot. (e) "Lot" shall mean and refer to any tract or parcel of land designated as a Lot shown upon any recorded plat or subdivision map of the Property, with the exception of any tracts or parcels designated as outlots. (f) "Member" shall mean and refer to every person or entity who is a record Owner of a fee or undivided fee simple interest in any Lot which is or shall be subject by covenants of record to assessment by the Association pursuant to Article IV of this Declaration (excluding contract sellers and including in place thereof their contract purchasers, except as to any Lot where Declarant is the contract seller, in which case Declarant shall continue to be deemed the Owner of such Lot or Lots). (g) "Mortgage" shall mean and refer to any mortgage or other security instrument by which a Lot, or any part thereof, or any structure thereon, is encumbered. (h) "Mortgagee" shall mean any person or entity named as the Mortgagee under any Mortgage, or any successors or assigns to the interest of such person or entity under a Mortgage. (i) "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot (excluding contract sellers and including in place thereof their contract purchasers, except as to any Lot where Declarant is the contract seller, in which case Declarant shall continue to be deemed the Owner of such Lot or Lots) and excluding any person except Declarant having such interest merely as security for the performance of an obligation. (j) "Permit" shall mean any Conditional Use Permit and/or other permit or agreement or ordinance approved by the City Council of the City of Cottage Grove authorizing and imposing restrictions and requirements for the development of the Property and/or all real property, as applicable, as the same maybe amended or modified by the City of Cottage Grove. (k) "Private Driveway" shall mean that part of a Lot paved to connect and provide access to the Living Unit located on such Lot to a main thoroughfare /public street. (1) "Private Yard Area" shall mean and refer to that portion of a Lot not covered by a Living Unit or by a Private Driveway. (m) "Property" shall mean and refer to all the real property subject to this Declaration, all of which is more fully described on Exhibit A attached hereto and by this reference incorporated herein for all purposes and such additions thereto as may hereafter be made pursuant to Article 11 hereof (n) "Common Elements" shall mean all parts of the Property, except the Lots and improvements on the Lots, including the improvements thereon, owned by the Association. The initial Common Elements are legally described on Exhibit C. (o) "Entrance Monument" shall mean a structure identifying the Property that is constructed and maintained on a portion of the Property (or properties lying contiguous to the Property) over which an easement has been granted to the Association for maintenance, repair and replacement purposes in this Declaration or another recorded document. The initial Entrance Monument is contemplated being located on Lot 1, Block 5, Pinecliff, Washington County, Minnesota, but additional Entrance Monuments may be constructed. ARTICLE II. Additional Property Subject to this Declaration 2.1 Additions to Existing Property. Additional real property may become subject to this Declaration in the following manner: (a) Additions in Accordance with General Plan of Development. The Developer shall have the right, without the consent of the Members, to bring within the scheme of this Declaration the additional real property described on Exhibit B attached hereto and by this reference incorporated herein for all purpose, in future stages of development by December 31, 2013. (b) Additions Authorized by Members. Additional residential property may also become subject to this Declaration upon approval of 2 /3rds of the Members. 2.2 Manner of Annexation. Additions authorized under this article shall be made by filing a Supplementary Declaration of Covenants, Conditions and Restrictions with respect to the additional property, and after such filing, such additional property shall be subject to the E covenants and restrictions of this Declaration. Such Supplementary Declaration shall contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and shall not be inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the existing Property. ARTICLE 111. Membership and Voting Rights in the Association 3.1 Membership. Every person or entity who is an Owner of a fee or undivided fee simple interest in any Lot which is or shall be subject by covenants of record to assessment by the Association pursuant to Article N of the Declaration (excluding contract sellers and including in place thereof their contract purchasers, except as to any Lot where Declarant is the contract seller, in which case Declarant shall continue to be deemed the Owner of such Lot or Lots) shall be a Member of the Association. The foregoing is intended to exclude persons or entities except Declarant who hold an interest merely as a security for the performance of an obligation until such time such person acquires a fee simple interest in such Lot by foreclosure or by any proceeding in lieu thereof. Membership shall be appurtenant to and may not be separated from the ownership of any Lot which is or shall be subject to assessment by the Association pursuant to Article IV of the Declaration. Ownership of such Lot shall be the sole qualification for membership. 3.2 Voting Rights. The Association shall not have nor shall it issue any capital stock, and may only have 2 classes of voting membership. (a) Class A. Class A members shall be all those Owners as defined in Section 1.1, with the exception of the Declarant. Each Class A member shall be entitled to 1 vote for each Lot in which he or she holds the interest required for membership by Section 3.1. When more than 1 person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they, among themselves, shall determine, but in no event shall more than I vote be cast with respect to any Lot. (b) Class B. The Declarant shall be the sole Class B member and shall be entitled to 3 votes for each Lot owned, including any Lot in which Declarant has an interest as the contract seller. Class B membership shall cease and be converted to Class A membership upon the occurrence of the first of the following events: (i) when the total number of votes outstanding in the Class A membership equals or exceeds the total number of votes outstanding in the Class B membership; or (ii) on December 31, 2013. 5 3.3 Suspension of Voting Rights. The right of any Member to vote shall be suspended during any period in which such Member shall be delinquent 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 60 days for any infraction of any rules or regulations published by the Association, ARTICLE IV. Covenants for Assessments 4.1 Creation of Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a conveyance therefore, whether or not it shall be so expressed in the deed or other conveyance, shall be and hereby is deemed to covenant and agree to pay the Association: (a) general assessments or charges; and (b) special assessments for capital improvements, such assessments to be established and collected from time to time as hereinafter provided. The general and special assessments, together with such interest thereon and costs of I ollection thereof as hereinafter provided, shall be a charge on each such Lot and shall be a continuing lien on each such Lot against which each such assessment is made. Each such assessment, together with interest thereon and all costs of collection thereof as hereinafter provided, shall also be the personal obligation of each person who was the Owner of each such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them. All such assessments shall be fixed, established and collected from time to time in the manner provided in this article. 4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively for expenditures made or liabilities incurred by or on behalf of the Association that are incident to its operation and that promote the health, safety and welfare of the Owners and residents of the Property, including those necessary for fulfillment of the Association's maintenance, repair and replacement responsibilities (which includes the Common Elements). Assessments may include contributions to a separate reserve fund as determined in the discretion of the Board of Directors of the Association. 4.3 Maximum General Assessments. The amount of the maximum general assessments shall be determined by the Board of Directors as hereinafter provided, but subject, however, to the following restrictions: (a) Until January 1 of the year immediately following the conveyance of fee title to the first Lot by the Developer to an Owner, the maximum general assessment shall be at the monthly rate of $20.84 per Lot. (b) From and after January 1 of the year immediately following the year of the conveyance of the first Lot by the Developer to an Owner, the general assessment may not be increased each year more than 10% above the general assessment for the previous year without a vote of the membership. (c) The general assessment may be increased above such 10% amount by a vote of 2 /3rds of each class of Members who are voting in person or by proxy at a meeting. called for such purpose (d) The Board of Directors of the Association may, after consideration of the current assessment costs and future needs of the Association, fix the actual assessment for any year at any lesser amount. 4.4 Special Assessments for Capital Improvements. In addition to the general assessments authorized by Section 4.3, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction or reconstruction or unexpected repair or replacement of a capital improvement; provided, however, that any such assessment shall require the assent of 2 /3rds of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. 4.5 Notice. of Meetings. Written notice of any meeting called for the purpose of taking any action authorized under Section 4.3 or 4.4 shall be sent to all Members, and to any Mortgagee who shall request such notice in writing, no less than 30 days nor more than 60 days in advance of such meeting. At the first such meeting called, the presence of Members or , of proxies entitled to cast 60% of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be 1/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held later than 60 days following the preceding meeting. 4.6 Uniform Rate of Assessment. General and special assessments must be fixed at a uniform rate for all Lots owned by persons, firms or corporations, except as provided in Section 43. 4.7 Date of Commencement of Assessments; Due Dates. Subject to the following sentence, the assessments provided for herein shall commence on the first day of the month following the conveyance by Declarant of a Lot to a third party and shall thereafter be payable upon demand. Notwithstanding anything herein the contrary, if those portions of the real property described on Exhibit B owned by Thomas V. Shannon and Cheri L. Shannon (collectively, "Shannon ") or Donald L. Bialucha and Bonnie M. Bialucha (collectively, "Bialucha ") as of the date of this Declaration are annexed pursuant to Article 11 subsequent to the date hereof, then the assessments as to those parcels shall commence as follows: (a) as to those lots actually occupied by Shannon or Bialucha for single family 7 residential purposes as of the date of this Declaration, (i) if such lots are owned and occupied for residential purposes by Shannon or Bialucha at the time of annexation, the assessments shall not commence until said lots are conveyed to a third party, or (ii) if such lots are not owned and occupied for residential purposes by Shannon or Bialucha at the time of annexation, the assessments shall commence upon the date said lots are annexed; and (b) as to those lots not actually occupied by Shannon or Bialucha for single family residential purposes as of the date of this Declaration, the assessments shall commence upon the later of issuance of a Certificate of Occupancy for the applicable parcels or the date said parcels are annexed. Additionally, assessments shall be allocated among the Lots in accordance with Section 4.6, subject to the following qualifications: (a) Any expense incurred by the Association benefiting fewer than all of the Lots may be assessed exclusively against the Lots benefited on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Lot; (b) Reasonable attorneys' fees and costs incurred by the Association in connection with (i) the collection of assessments and, (ii) the enforcement of this Declaration, the Articles of Incorporation, Bylaws and/or Rules and Regulations of the Association against an Owner may be assessed against that Owner's lot. 4.8 Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period at least 30 days in advance of such date of commencement of such period, and shall at that time prepare a roll of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall thereafter be sent to each Owner subject to such assessments. The Association shall, upon demand and upon the payment of a reasonable charge, furnish a written certificate signed by an officer of the Association setting forth whether or not assessments upon particular Lots have been paid. Such certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. The failure of the Board to prepare a proposed budget or to adopt an annual budget or levy annual assessments as provided herein shall not constitute a wavier or release in any manner of an Owner's obligation to pay the amounts assessed against the Owner's Lot and in the absence of any proposed or annual budget, the Owners shall continue to pay the monthly assessment established for the previous period until a new annual budget is mailed or delivered to the Owner and a new assessment is levied 4.9 Effect of Nonpayment of Assessment; the Personal Obligation of the Owner; the Lieu; Remedies of Association. (a) If any assessment is not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection thereof as hereinafter provided, thereupon become a continuing lien on such Lot or Lots, which shall bind such Lot or Lots in the hands of the then Owner, his heirs, devisees, personal representatives, successors and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. Such lien shall run in favor of the Association and shall be superior to all other liens and encumbrances on such Lot except for the following: (i) liens for general real estate taxes and special assessments levied by any governmental authority; and (ii) the lien of any first Mortgage as provided in Section 4.10 hereof, (b) All other lienors acquiring liens on any Lot after this Declaration shall have been recorded, and whose liens shall also have been recorded, shall be deemed to consent that their liens shall be and remain inferior to future liens provided fox herein, whether or not such consent has been expressed in the instruments creating their liens. (c) . To evidence a lien for sums assessed pursuant to this article, the Association may prepare a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot and a description of the Lot, and shall file or record the same, but such notice of lien shall not be recorded until such assessment has been wholly or partially unpaid for at least 30 days from the due date. Such lien may be enforced and foreclosed by the Association, either by action or advertisement, in the same manner in which mortgages on real property may be foreclosed in Minnesota or, alternatively, in the manner prescribed by Minnesota Statutes for the foreclosure of a mechanic's lien. Each Owner, by acceptance of a deed for any Lot, does further hereby give full and complete power of sale to the Association and does consent to a foreclosure of the assessment lien by advertisement. In the event that the Association shall prevail in any such foreclosure, the person personally obligated to pay the same shall be required to pay all costs of foreclosure, including but not limited to reasonable attorneys' fees. All such costs and expenses and any assessments against the Lot which shall become due during the period of foreclosure and redemption shall be added to and become a part of the amount secured by said lien. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, enclunber, use and otherwise deal with the Lot as the Owner thereof A release of the notice of lien shall be executed by an officer of the Association and recorded upon payment of all sums secured by such lien. (d) Any encumbrancer holding a lien on any Lot may pay, but shall not be required to pay, any amounts secured by the lien created and authorized by this section, and upon payment of such sums, such encumbrancer shall be subrogated to and shall 9 be entitled to an assignment of all rights of the Association with respect to such lien, including but not limited to priority as to any other lien or interest in such Lot, except the right of first mortgagees as provided in Section 4.10. (e) The Association shall, upon written request, report to any first Mortgagee or other encumbrancer of a Lot the amount of the assessments remaining unpaid for a period longer than 30 days after the same shall become due. (f) Any assessments not paid within 30 days after the due date shall bear interest from the due date until paid at the rate of 8% per annuin or the maximum rate allowed by law in the discretion of the Board of Directors of the Association. No Owner may waive or otherwise escape personal liability for the assessments provided for herein by abandonment of his/her Lot or use of the Common Elements. A suit to recover a money judgment for such expenses, with costs of collection and interest as provided for herein, shall be maintainable by the Association without foreclosing or waiving the lien securing the same. 4.10 Subordination of Lien to First Mortgages. The lien of assessments provided for herein shall be subordinate to the lien of any first Mortgage, and the sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to the foreclosure of a first Mortgage, or pursuant to any other proceeding or arrangement in lieu of such foreclosure, shall extinguish the lien of such assessments as to installments which became due prior to the effective date of such sale, transfer or acquisition by the Mortgagee to the end that no assessment liability shall accrue to an acquiring Mortgagee except with respect to installments of assessments becoming due after possession has passed to such acquiring Mortgagee, whether such possession has passed at the termination of any period of redemption or otherwise, and in the event of the extinguishment of such assessment lien as aforesaid, the entire amount of such unpaid assessment shall be reallocated and assessed against and payable by the Owners of all other Lots exclusive of such mortgaged Lot. No such sale, transfer or acquisition of possession shall relieve an Owner of a Lot from liability for any assessments thereafter becoming due or from the lien thereof, or shall relieve the person personally obligated to pay the assessments which were levied prior to the transfer of such property from the personal obligation to pay the same. ARTICLE V. Easements 5.1 Easements. In addition to the easements, covenants, restrictions and conditions concerning 'architectural and exterior controls, all Living Units and Lots shall be subject to easements and covenants hereinafter specifically described for the benefit of the Property or for the limited benefit of specified adjoining Lots, all as more fully set forth hereinafter in this article. 5.2 Easements for Utilities and Drainage. Utility and drainage easements are reserved as dedicated and shown on the recorded plat of the Property. Within said easements, no building, structure, planting, fill or other material shall be placed or permitted to remain which IN may damage or interfere with the installation and maintenance of utilities or which may change the direction or impede the flow of water over said easements. 5.3 Public Underground Utility Easements. Each Lot and Common Element over which a public utility easement has been dedicated, as shown on the recorded plat of the Property, shall be subject to aright and easement for underground general utility purposes over that portion of such Lot which is burdened with such dedicated public utility easements. Such utility purposes shall include but not be limited to sewer, water, electrical, cable television and telephone purposes, including the right to build, construct, reconstruct, rebuild, repair, maintain and operate underground sewer, water, electrical mains and telephone cables, and any surface connections to such underground mains, along with the right to enter upon and open the ground for such purposes, providing that all such openings shall be filled and the surface restored to its former condition. All such utility easements shall jointly run in favor of and inure to the benefit of the Owners of the Lots and the Association (as the case may be) and any and all public authorities or utility companies maintaining or operating any utility facility upon such easement area. 5.4 Easement for Maintenance, Repair and Replacement. Each Lot and the rights of the Owners and occupants thereof shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Lots for the purposes of the maintenance, repair and replacement of those items and areas for which the Association is responsible, including Entrance Monuments, to the extent necessary to fulfill the Association's maintenance, repair and replacement obligations. 5.5 Appurtenant Easements. Each Lot shall be the beneficiary of any appurtenant of record easement(s) noted on the plat of the Property, subject to any restrictions noted within the recorded easement(s) or within this Declaration. 5.6 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner be denied reasonable access to his or her Lot or the right to utility services thereto. The easements set forth in this Article shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Lots for purposes of maintenance, repair, replacement and reconstruction. 5.7 Common Elements. Each Lot 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 or rules and regulations promulgated by the Board of Directors of the Association. 5.8 Declarant's Easements. Declarant declares and reserves a non - exclusive easement for the benefit of Declarant, its employees, contractors and agents, for ingress and egress over and upon the Common Elements described herein or created out of such additions thereto as may hereafter be made pursuant to Article II hereof for the purposes of laying foundations for and otherwise constructing Living Units in the Lots subject to this Declaration or on such additions thereto as may hereafter be made pursuant to Article II hereof and for II completing construction and landscaping of the Lots and the Common Elements; provided, however, that the easements herein described shall terminate no later than sixty (60) days after completion by the Declarant of the construction of all Living Units on Lots subject to the Declaration and on such additions thereto as may hereafter be made,pursuant to Article II hereof and all construction and landscaping of the Lots and Common Elements now or hereafter constructed pursuant to this Declaration. Additionally, for so long as Declarant owns a Lot, Declarant hereby reserves an easement, for itself, its employees, contractors, representatives, prospective purchasers and agents, through and over the Common Elements for the purpose of construction of all improvements contemplated in its development plan or allowed in the Declaration. ARTICLE VI. Approval by Architectural Control Committee Prior to Construction 6.1 Purpose and Authority. In order to maintain the Criteria for Standards, to prevent the impairment of the attractiveness of the individual Lots and to maintain the desired tone of the residential community, and thereby secure to each Owner the full benefit and enjoyment of its Lot with no greater restriction on the free and undisturbed use of a Lot than is necessary to ensure the same advantages for the other Owners, an Architectural Control Committee is hereby established. 6.2 Membership. The Architectural Control Committee (hereinafter referred to as "Committee ") shall be established and composed as follows: (a) Until a Certificate of Occupancy has been issued for Living Units constructed upon all of the Lots .described on Exhibit A and Exhibit B, the Declarant shall name 3 individuals to serve as the Committee. (b) following the issuance of Certificates of Occupancy as provided in Section 6.2(a) above, the Architectural Control Committee shall be composed of the Board of Directors of the Association or 3 or more representatives appointed by the Board of Directors. (c) In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. (d) The members of the Committee or its designated representatives shall be entitled to reasonable compensation for services performed pursuant to Article VI. 6.3 Procedure. Except for improvements made by Declarant in connection with its initial sale of a Lot, before commencing any permanent improvement or material topographical change on or to any of the described Lots, including landscaping, color change, the construction or external alteration of any building, enclosure, fence, addition, deck, patio, wall window, exterior door, sign, display, decoration, shrubbery, or any other structure, the Owner shall first 12 submit a site plan and plans and specifications in conformance with the requirements of the Permit and, including as applicable, in the sole discretion of the Committee, architectural, engineering and landscape plans, for the written approval of the Architectural Control Committee. The Committee shall be entitled to charge, and the person or persons submitting the plans shall pay, a fee of $100.00 for each set of plans submitted for approval which will not be refunded whether or not the plans are ultimately approved. Fees collected shall be payable to the Association. . . The Committee's approval or disapproval shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within 30 days after plans and specifications have been received by it, or within said 30 -day period submit the issue to .arbitration as hereinafter provided, approval will not be required. The Committee shall take into consideration the planned location of the proposed improvement or alteration, its conformity and harmony � of external design with existing or planned improvements in the development and the location of the improvement with respect to topography and finished ground elevation. Conformity by the Owner with such requirements as may be imposed by the City of Cottage Grove in connection with the issuance of a building permit for the Lot shall not create a presumption that such planned improvement is compatible and in harmony with the existing or planned development of other Lots. Conformity by the Owner with such requirements as may be imposed by the Committee in connection with the issuance of Committee approval shall not create a presumption that such planned improvement is in accordance with such requirements as may be imposed by the City of Cottage Grove in connection with issuance of a permit upon the Lot. All Owners are responsible for ensuring their proposed improvement is in conformance with requirements of the City of Cottage Grove. In the event the approval of the Committee is not obtained within the 30 -day period and a dispute exists between the Owner and the Committee in regard to a proposed improvement requiring Committee approval, the matter shall be determined by arbitration in the following manner: (a) Either party may, .by written notice to the other within the 30 -day period required for approval or disapproval of plans and specifications, appoint an arbitrator, which appointment shall be noted in writing to the other party. The other party shall, by written notice within 10 days after receipt of such notice by the first party, appoint a second arbitrator and in default of such second appointment, the first arbitrator appointed shall be the sole arbitrator. (b) If 2 arbitrators hereinabove provided have been appointed, they shall, if possible, agree on a third arbitrator and shall appoint him or her by written notice, signed by both of them, with a copy mailed to each party therein within 5 days after such appointment. (c) In the event 5 days shall elapse after the appointment of the second arbitrator without notice of appointment of a third arbitrator as hereinabove provided, then either party or both may, in writing, within 10 days after the original appointments, request the City Planner (or an individual within a similar position) of the City of Cottage Grove, State of Minnesota to appoint the third arbitrator. 13 (d) On appointment of arbitrators as hereinabove provided, such arbitrators shall hold an arbitration hearing at such place as they may designate within 30 days after such appointments. At the hearing, the rules of evidence of the State of Minnesota shall apply and the arbitrators shall allow each party to present its case, evidence and witnesses, if any, in the presence of the other party, and shall render their decision, including a provision for payment of costs and expenses of arbitration to be paid by one or both of the parties hereto as the arbitrators deem just. Any costs and expenses charged to the Committee shall be paid by the Association. (e) The decision of the majority of the arbitrators shall be binding on the parties hereto. Nothing contained in the foregoing provisions of this Article VI or in this Declaration shall be construed to limit the rights of Declarant to alter the Property or to construct or modify improvements thereon, or to limit the manner in which such improvements, alterations or modifications may be made as to Lots owned by Declarant. ARTICLE VII. Restrictions Applicable to Lots 7.1 Residential Use. No Lot shall be used except for residential purposes. No Living Unit shall be erected, altered, placed or permitted to remain on any Lot other than one single - family dwelling not to exceed 2 stories in height and an attached garage for at least 2 cars. No garages shall be erected on any site except attached garages and no attached garage for more than 3 cars shall be permitted without the express written approval of the Architectural Control Committee. 7.2 Subdivision Prohibited, No Lot shall be used except for residential purposes and no Lot shall be subdivided or split by any means whatsoever into any greater number of residential Lots, not into any residential plot of smaller size, without the express written consent of the Developer and the City of Cottage Grove. 73 Compliance with Laws. All uses of the Lots shall, as a minimum, comply with the Permit and with the zoning and other applicable ordinances and regulations of the City of Cottage Grove. The standards herein contained shall be considered as requirements in addition to said Permit and zoning and other applicable ordinances and regulations. No use shall be made of the Property which would violate any then existing municipal .codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or another Owner. 7.4 Minimum Square Footage and Setback Provisions. No Living Unit shall be erected, altered, placed or permitted to remain on any Lot tmless such dwelling contains at least the minimum residential square footage for said Lot as defined in the Permit or other applicable 14 government land use control. Setbacks from Lot lines shall be in accordance with the specific requirements set forth in the Permit or other applicable government land use control (including, but not limited to, the municipal 10 -foot side yard setback [house and garage], 20 -foot side yard setback [street], 30 -foot front yard setback and 35 -foot rear yard setback requirements, as of the date of this Declaration) as the same may be amended from time to time. Notwithstanding any setbacks established by the Permit or other applicable government land use control, the Committee shall have the right to further restrict setbacks taking into consideration its obligations to maintain the Criteria for Standards. 7.5 Landscaping. In order to preserve the uniform and high- standard appearance of the Property, each Owner undertakes responsibility for landscape, irrigation and other maintenance on the Lot and for maintenance and repair of the exterior of his or her Living Unit and maintenance and repair of the Private Driveway located on the Lot. The responsibility for maintaining the Lot and improvements thereon shall include, but not be limited to, the maintenance and repair of exterior surfaces of all buildings on the Lot, including without limitation the painting of the same as often as necessary, the replacement of trim and caulking, and maintenance and repair of roofs, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, necessary painting, staining and repair of patio structures. 7.6 Signs. No "For Sale" signs larger than 432 square inches (standard 18" x 24 11 ) will be permitted on any Lot (except those of Developer or third parties designated by Developer prior to the conveyance of the last Lot by Developer) . No other signs (including, without limitation, garage sale, identification, advertising or directional signs) shall be permitted without the prior approval of the Committee. 7.7 Animals. No birds, animals or insects shall be kept on any Lot except a cumulative total of four (4) dogs, cats or other common household pets, provided that they are not kept; bred or maintained for any commercial purposes. The person in charge of the pet must clean up after it and the owner of the pet causing any damage to the landscaping upon any Lot shall be responsible for its repair. 7.8 Home Occupation. No profession or home industry shall be conducted in any Living Unit or on any Lot without the specific written approval of the Developer (as long as it has Class "B" votes as hereinbefore defined) or by the Committee thereafter. The Developer or the Committee, whichever has authority at the time in question, in its discretion, upon consideration of the circumstances in each case and particularly the effect on surrounding property, may permit a Lot to be used in whole or in part for the conduct of a profession or home industry. No such profession or home industry shall be permitted, however, unless it is considered by the Developer or by the Committee, whichever then has authority, to be compatible with the residential neighborhood. 7.9 Nuisances. No clotheslines or drying yards shall be permitted on any Lot. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon a Lot. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain on a Lot. No firewood shall be stored on a Lot unless concealed by screening acceptable to the Committee. In the event that an Owner of any Lot shall fail or refuse to keep such premises free from weeds, 15 underbrush or refuse piles or other unsightly growths or objects, then the Developer or the Committee may enter upon such lands and remove the same at the expense of the Owner and such entry shall not be deemed as trespass, and in the event of such a removal, a lien shall arise and be created in favor of the Association and against such Lot for 125% of the fall amount chargeable to such Lot, and such amount shall be due and payable within 30 days after the Owner is billed therefore. No Lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean,or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. The outside storage of an unlicensed motor vehicle upon a Lot shall be considered a nuisance. 7.10 Storage. Outside storage of any items including, but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment, yard and garden tools and equipment, and trash and garbage containers, shall not be allowed unless effectively screened from view outside the Lot. The design of any screening enclosures must be approved by the Committee. Household trash and garbage shall be regularly collected and may be kept outside only if in tightly - covered containers. Garbage service collection shall be independently contracted for by each Owner. Without the express written approval of the Committee, which approval may be withheld without stated reason, the following restrictions apply: (a) Motorhomes, boats, snowmobiles, trailers, camping vehicles, tractors /trailers or vehicles rated in excess of 7,000 pounds gross weight shall not be stored or parked upon any Lot outside of a garage. (b) Except as may be incidental to delivery or providing service, no commercial vehicle shall be stored or parked on any Lot outside of a garage. 7.11 Leasing. Any lease between an Owner and a non -owner occupant shall be in writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration, the Articles of Incorporation and By -Laws of the Association, and shall provide that any failure by the non -owner occupant to comply with the terms of such documents shall be default under the lease. Other than the foregoing and as otherwise contained in this Declaration, there shall be no restrictions on the use of a Living Unit by a non -owner occupant. 7.12 Fences, Walls and Hedges. Boundary walls, fences and hedges are inconsistent with the intended plan of development for the Property. No wall or fence shall be constructed or hedge planted on any Lot unless and until the height, type, design and location have been previously approved in writing by the Committee. The height or elevation of any wall, fence or hedge shall be measured from the existing elevations on the property at or along the applicable point or lines. Any question as to such heights may be completely determined by the Committee. A refusal by the Committee to allow or permit a fence, wall or hedge (including tennis .court enclosures and swimming pool fences) on any particular Lot or in any particular 16 location shall not be construed to be an abuse of discretion. In addition to the provisions of Article VI and the foregoing, all fences approved by the Committee shall be black chain link and shall not exceed four feet in height. Further, if a fence approved by the Committee is installed along the rear of a Lot abutting a public roadway, the fence must be installed inside the landscaped area or, if the fencing parallels Hinton Avenue and/or O b Avenue, it must be placed at the toe of the slope abutting these roadways. 7.13 Private Water Supply Systems. No private potable water supply system shall be permitted on any Lot. Any private water supply system installed and used in connection with the maintenance of a landscaping scheme upon a Lot shall be subject to approval by the Committee. 7.14 Storage Tanks. No permanent storage tanks of any kind shall be erected, placed or permitted on any Lot. 7.15 Temporary Structures. No structure of temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on any Lot at any time as a residence, either temporarily or permanently. 7.16 Driveways. Driveways must be constructed of concrete, bituminous or other hard surface material. Material and installation shall be subject to approval of the Architectural Control Committee. Driveways must be installed within 1 year of the date a Certificate of Occupancy is issued for any dwelling constructed upon a Lot. 7.17 Exterior Lighting. All exterior lighting fixtures and standards shall be shown on submitted plans and shall comply with any applicable provisions of the Permit and the overall lighting plan of the Declarant. All forms of exterior lighting shall be subject to approval by the Committee. 7.18 Exterior Ornaments. Exterior ornaments, including but not limited to precast concrete, plastic or wood figurines, wishing wells and windmills, shall be prohibited unless approved by the Committee prior to installation or construction. 7.19 Gardens. Vegetable and /or flower gardens shall not exceed 300 square feet on any Lot, shall be located to the side or rear of the Living Unit, shall contain no plantings over 4 feet in height as measured from surrounding area and shall conform to the Permit. No garden shall be located closer than 10 feet to any Lot line. The Committee may, in its discretion, vary the strict limitations imposed by this section based upon an application for approval pursuant to Article VI of this Declaration. Further, the limitations imposed by this paragraph shall not be applicable to the integration of flower beds in conjunction with an overall landscape site plan approved by the Committee. 7.20 Antennas. No television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for reception or transmission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on any Lot or upon any improvements thereon unless it is approved in 17 advance in writing by the Committee, except that this prohibition shall not apply to the extent it is inconsistent with 47 C.F.R. Part 1, Subpart S Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. To the extent that reception of an acceptable signal would not be impaired, an antenna permissible hereunder may only be installed in a side or rear yard location, not visible from the street or neighboring property, and integrated with the dwelling and surrounding landscape. Antennae shall be installed in compliance with all federal, state and local laws and regulations, including zoning, land -use, and building regulations. 7.21 Completion of Construction of Improvements. All construction work shall, upon approval of plans by the Committee, be completed within one year of the date of approval; all improvements shall be constructed in conformity with the then existing codes of the City of Cottage Grove, Minnesota; and all building plans shall be prepared by or under the supervision of a registered architect, a builder or a qualified design professional. If any structure is begun after approval of the plans as provided in Article VI and is not completed within one year after the date of approval of said construction and, in the judgment of the Developer or the Committee, is offensive or unsightly in appearance, the Developer or the Committee may take such steps as may be necessary to make the Property harmonious with other properties, such steps including completion of the exterior of the structure, screening or covering the structure, or any combination thereof, or similar operations. The amount of any expenditure made in so doing shall be the personal, joint and several obligation of the Owner or Owners and shall be a lien on the Lot and may be foreclosed in the same manner as provided in Section 4.9(c). The lien herein shall not be valid as against a subsequent bona fide purchaser of the Lot in question, unless a statement setting forth the claim shall have been filed for record in the office of the County Recorder and/or Registrar of Titles of Washington County, whichever is appropriate, or unless a suit and appropriate Lis Pendens to foreclose the lien shall have been filed of record in the office of the County Recorder and /or Registrar of Titles of Washington County prior to the recordation of the deed conveying the Lot in question to said purchaser. 7.22 Trees. No live trees shall be removed, damaged or altered in appearance except in connection with the initial construction by Declarant or except as approved ' by the Committee; provided, however, carefiil removal of dead trees or diseased /damaged limbs of live trees shall be allowed. ARTICLE VIII. )Enforcement of Easements, Restrictions and Covenants Each Owner, and any other person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of this Declaration, the governing documents of the Association, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by this Declaration and the governing documents of the Association. 8.1 Entitlement to Relief The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien, owned by it, or any 18 combination thereof, or an action for any other relief authorized by this Declaration or the governing documents of the Association 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 this Declaration or the governing documents of the Association or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of this Declaration or the governing documents of the Association, as a measure to enforce such Owner's position, or for any other reason. 8.2 Consensus for Association Action a. Notwithstanding anything contained herein to the contrary and except as provided in this Section, the Association may not commence a legal proceeding or action under this Section without the approval of at least two- thirds of each class of the Members. A Member representing Lots owned by persons other than the Member shall not vote in favor of bringing or prosecuting any such proceeding unless authorized to do so by a vote of Owners of two- thirds of the total number of Lots represented by the Member. This Section shall not apply, however, to (i) actions brought by the Association to enforce this Declaration or governing documents of the Association (including, without limitation, the foreclosure of liens); (ii) the imposition and collection of assessments; (iii) proceedings involving challenges to ad valorem taxation; or (iv) counterclaims brought by the Association in proceedings instituted against it. b. Notwithstanding anything contained herein to the contrary and prior to the Association or any Member commencing any proceeding to which Declarant is a party, including, but not limited to an alleged defect of any improvement, Declarant shall have the right to be heard by the Members, or the particular Member, and to access, inspect, correct the condition of, or redesign any portion of any improvement as to which a defect is alleged, or otherwise correct the alleged dispute. 8.3 Sanctions and Remedies In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and occupants and/or their guests, who violate the provisions of this Declaration or the governing documents of the Association: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges of up to 15% of each late payment of an assessment or installment thereof. C. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of 19 assessments assessed against the Lot owned by the defaulting Owner may be accelerated and shall then be payable in fall 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. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Foreclose any lien arising under the provisions of this Declaration or the governing documents of the Association or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale. . 8.4 Alternative Method for Resolving Disputes Declarant, its officers, directors, employees and agents; the Association, its officers, directors and committee members; all persons /Owners subject to this Declaration; any builder, its officers, directors, employees and agents; and any person not otherwise subject to this Declaration who agrees to submit to this Section (each such entity being referred to as a "Bound Party ") agree to encourage the amicable resolution of disputes, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit those claims, grievances or disputes described in Section 8.5 (collectively, "Claims ") to the procedures set forth in Section 8.6. 8.5 Claims Unless specifically exempted below, all Claims between any of the Bound Parties regardless of how the same might have arisen or on what it might be based including, but not limited to Claims (a) arising out of or relating to the interpretation, application or enforcement of this Declaration or the governing documents of the Association or the rights, obligations and duties of any Bound Party under this Declaration or the governing documents of the Association; (b) relating to the design or construction of improvements; (c) based upon any statements, representations, promises, warranties, or other communications made by or on behalf of any Bound Party shall be subject to the provisions of Section 8.6. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 8.6: a. any suit by the Association against any Bound Party to enforce the provisions of Article 4 (Covenants for Assessments); b. any suit by the Association or Declarant to obtain a temporary restraining order or injunction (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order -to maintain the status quo and preserve the Association's ability to act under and enforce the provisions of Article 7 (Restrictions Applicable to Lots) or Article 6 (Architectural Control); C. any suit between or among Owners, which does not include Declarant, a builder or the Association as a party, if such suit asserts a claim which would constitute a cause of action independent of the governing documents of the Association; and 20 d. any suit in which any indispensable party is not a Bound Party. With the consent of all parties hereto, any of the above may be submitted to the alternative dispute resolution procedures set forth in Section 8.6. 8.6. Mandatory Procedures a. Notice Any Bound Party having a Claim ( "Claimant ") against any other Bound Party ( "Respondent ") (the Claimant and the Respondent referred to herein being individually as a "Party," or collectively as the "Parties ") shall notify each Respondent in writing (the "Notice "), stating plainly and concisely: (i) the nature of the Claim, including the persons involved and Respondent's role in the Claim; (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (iii) the proposed remedy; and (iv) the fact that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. b. Negotiation and Mediation (i) The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in negotiation. (ii) If the Parties do not resolve the Claim within 30 days after the date of the notice (or within such other period as may be agreed upon by the Parties) ( "Termination of Negotiations "), Claimant shall have 30 days to submit the Claim to mediation under the auspices of the American Arbitration Association ( "AAA ") in accordance with the AAA's Commercial or Construction Industry Mediation Rules, as appropriate. (iii) If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided; nothing herein shall release or 21 discharge Respondent from any liability to any Person other than the Claimant. (iv) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceeding ( "Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. Each Party shall bear its own costs of the mediation, including attorneys' fees, and each Party shall share equally all charges rendered by the mediator. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 8.6 and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate arbitration proceedings to enforce such agreement without the need to again comply with the procedures set forth in Section 8.6. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non - complying Party (or if more than one non - complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement, including without limitation, attorneys' fees and court costs. C. Binding Arbitration (i) Upon Termination of Mediation, Claimant shall thereafter be entitled to initiate final, binding arbitration of the Claim under the auspices of the AAA in accordance with the AAA's Commercial or Construction Industry Arbitration Rules, as appropriate. Such Claim shall not be decided by or in a court of law. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such Claim. If the Claim amount exceeds $250,000.00, the dispute shall be heard and determined by three arbitrators. Otherwise, unless mutually agreed to by the parties, there shall be one arbitrator. Arbitrators shall have expertise in the area(s) of dispute, which may include legal expertise if legal issues are involved. (ii) Each Party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration. Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of arbitration in a court of law, the non- contesting party shall be awarded reasonable attorneys' fees and expenses incurred in defending such contest. All decisions 22 respecting the arbitrability of any Claim shall be decided by the arbitrator(s). (iii) The award of the arbitrator(s) shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the other Parties. 8.7 Costs of Proceeding; and Attorneys' Fees With respect to any collection measures which the Association takes, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his, hers, or its Lot 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 owed to the Association. 8.8 Amendment of Article Without the express prior written consent of Declarant, this Article may not be revoked and /or amended for a period of twenty (20) years from. the effective date of this Declaration. ARTICLE IX. Insurance 9.1 Liability Insurance; Fidelity Bonds. The Board of Directors of the Association or its duly authorized agent shall obtain a broad form of public liability insurance insuring the Association, with such limits of liability as the Association shall determine to be necessary, against all acts, omissions to act and negligence of the Association, its officers, directors and its employees and agents, and for the members of the Architectural Control Committee. The Association's Board of Directors shall also provide fidelity bonds providing protection to the Association against loss by reason of acts of fraud or dishonesty on the part of the Association's directors, managers, officers, employees or volunteers who are responsible for the handling of funds of the Association, in an amount sufficient to provide no less protection than one and one -half times the estimated annual operating expenses and reserves . of the Association. The Board of Directors of the Association may obtain any other insurance it determines in its discretion to be in the best interests of the Association and the Owners. Insurance shall be assessed under Article IV. 9.2 Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient. ARTICLE X. Notice of First Mortgagees 10.1 Mortgagee's Rights. Notwithstanding any other provisions of this 23 Declaration, the Articles of Incorporation or the By -Laws of the Association, the provisions of this Article X shall control, and in the event of a conflict between the provisions of this article and the provisions of such Declaration, Articles or By -Laws, the provisions of this article shall control. 10.2 Notice of Default. Any Mortgagee holding a first Mortgage on a Lot, who shall have previously filed a written request with the Association, shall be entitled to written notification of any default by the mortgagor or Owner of such Lot or his or her heirs, successors or assigns in the payment of any. assessment or the performance of any other duties or obligations herein set forth which shall have remained in default for a period of 30 days or more. The neglect or failure of the Association to tender such notice to the Mortgagee shall toll the running of any time limits applicable to the procedure for the collection of such assessment or remedies available to the Association on account of such default. 10.3 Consent Required. Without the prior written approval of 66 -2/3% of the holders of .first mortgage liens against all Lots, the Association shall not be entitled to: (a) change the method of determining the. obligations, assessments, dues or other charges which may be Ievied against a Lot; (b) abandon the scheme of exterior and architectural controls, as hereinabove set forth. ARTICLE XI. Characteristics of Common Elements and Maintenance 11.1 Characteristics of Common Elements. The Common Elements and their characteristics are as follows: (a) All of the Property not included within the Lots and owned by the Association constitutes Common Elements. The initial Common Elements include those parts of the Property described in Exhibit C. (b) The Common Elements shall be subject to appurtenant easements for services, public and private utilities, access, use and enjoyment in favor of each Lot and its Owners; subject to the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. (c) All maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. 24 11.2 Maintenance. The Association shall be responsible for all maintenance, repair and replacement of the Common Elements and the Entrance Monuments. Additionally, pursuant to that certain Development Agreement dated April 6, 2005, by and between U.S. Home Corporation and the City of Cottage Grove, recorded on in the office of the County Recorder/Registrar of Titles for Washington County, as Document No. "recording information not yet available], the Owners shall be responsible for maintaining that portion of the grass area adjacent to their Lots and located within the public right-of-way up to the curbing; provided, however, that the grass area along 65 Avenue and Hinton Avenue adjacent to the Lots and located within the public right- of-way shall be maintained by the Association up to the curbing (this shall not include any center islands within Hinton Avenue or 65 Avenue). Solely for purposes of determining the individual Owners' maintenance responsibilities in the preceding sentence, their respective Lot lines shall be extended into the public right-of-way consistent with the Lot lines depicted in the recorded plat applicable to the Property. In the event the real property described on Exhibit B is annexed pursuant to Article II of this Declaration, the maintenance obligations of the Association and the Owners, respectively, shall be applicable to such annexed real property consistent with this Declaration. Except for the maintenance to be provided by the Association under this Section, all maintenance of the Lots, including the Living Units, shall be the sole responsibility, and at the expense, of the Owners thereof. The Association may require that any exterior maintenance to be performed by an Owner be accomplished pursuant to specific uniform criteria established by the Association. ARTICLE W. Declarant's Landscaping Requirements 12.1 Each Private Yard Area shall have a minimum of four (4) trees and ten (10) shrubs planted, not including the one (1) yard tree planted by the City of Cottage Grove. One (1) of the four (4) trees required to be in each Private Yard Area shall be a conifer tree and shall be planted in the front yard. ARTICLE XIII. Existing Structures and Improvements 13.1 There are existing single family residences (with attached garages) and outbuildings (i.e. buildings not attached to the single family residences) located on certain areas of real property contemplated being subjected to this Declaration by Declarant pursuant to Article II hereof. In the event such areas containing the foregoing existing improvements are subjected to.the Declaration in the future, the existing single family residences (with attached garages) and those outbuildings tinder 150 square feet shall be permitted for so long as they remain in place, despite any provisions to the contrary in this Declaration. However, if said permitted improvements shall be replaced or expanded, the replacement or the expansion (as the case may be) shall comply with all of the provisions of this Declaration. In no event, however, shall an outbuilding 150 square feet or greater be permitted. The pertinent Supplementary Declaration shall legally describe the lot and block upon which these existing improvements are 25 located if /when said real property is subjected to this Declaration. ARTICLE XIV Additional Developer Right 14.1 The Developer shall have the right to prohibit, stop or remedy any action to be, being or taken by the Association, as the case may be, if such action is or may be in violation, or has or may have a detrimental effect on Developer, because of Developer's covenants and/or other person's /entities' covenants and agreements under Development Agreements and /or Subdivision Agreements with the City of Cottage Grove or Conditional Use Permits and /or other permits issued by the City of Cottage Grove, or as the same may be amended or modified by the City of Cottage Grove. The jurisdiction of the Association shall be subject to any and all agreements between the Developer and/or other person/entity and the City of Cottage Grove covering the property subject to the Declaration or any part thereof, whether such agreement or agreements are entered into before or after the date of filing Articles of Incorporation for the Association. It is provided, however, that the Developer shall exercise the rights provided for above only if the Association shall fail to remedy an action which is or may be a violation of such agreements after notice from the Developer to do so. The Association shall comply with the terms of the above - described agreements. These rights shall be exercised by the Developer to the extent consistent with the aforementioned agreements and as long as Developer holds Class A or Class B membership in the Association. ARTICLE XV. General Provisions 15.1 Severability and Headings. The invalidation of any one of these covenants or restrictions by legislation, judgment or court order shall in no way affect any other provision which shall remain in full force and effect. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Declaration. 15.2 Amendments. The provisions of this Declaration may be amended during the first 20 years by an instrument signed by Members entitled to cast no less than 90% of the votes of each class of membership, and thereafter by an instrument signed by Members entitled to cast no less than 75% of such votes. No amendment shall be effective until it shall have been properly recorded. Amendments or modifications of the Permit by the City of Cottage Grove shall not be construed as an amendment to this Declaration. 15.3 Limitation on Declaration. The covenants, restrictions, easements, conditions and reservations imposed or established by or created under this Declaration, or any amendment hereto, shall run with and bind the Property for a period of 20 years from the date of the recordation of this Declaration and may be enforced as provided herein. After the expiration of said 20 -year period, all of such covenants, restrictions, easements, conditions and reservations shall continue to run with and bind the Property for successive periods of 10 years each unless removed, changed or amended in whole or in part by Members entitled to cast 75% 26 of each class of votes and evidenced by a recorded instrument executed by duly authorized officers of the Association. 15.4 Construction and Conflict. In the event of any apparent conflict between the Articles of Incorporation and the By- Laws'of the Association and terms of this Declaration, this Declaration shall control. In the event of any apparent conflict between the Articles of Incorporation and the By-Laws of the Association, the terms of the Articles shall control. 15.5 Rules and Regulations. The Board of Directors of the Association may from time to time adopt such rules and regulations as the Board, in -its sole discretion, deems appropriate or necessary in operating and administering the affairs if the Association and regulating the use of the Property, including, without limiting the generality of the foregoing, rules and regulations concerning the use of parking areas and concerning the appearance of each Lot. Such rules and regulations shall not be inconsistent with the provisions of this Declaration. 15.6 Rights of Declarant. Notwithstanding any provision to the contrary, until the last Lot is sold and conveyed to an Owner other than the Declarant, the following activities by Declarant, or with the written consent of Declarant, will not be deemed violations of restrictions contained in this Declaration: (a) the use of a Lot or Lots for model and sales office purposes; (b) the storage of a construction trailer, equipment, materials and earth during the construction of new Living Units; (c) the display of signs advertising the Property or new Living Units and the maintenance of temporary fencing, walkways, landscaping and berming in the vicinity of model and sales units. 15.7 'Variances. The restrictions applicable to Lots as specified in Article VII of this Declaration are intended for the benefit of all property Owners. The Declarant, however, acknowledges that exceptional conditions of a particular Lot may create peculiar and practical difficulties mitigating against the strict enforcement of a provision contained in Article VII. In the event an Owner believes that such exceptional conditions on a Lot create a hardship or special situation, an application for a variance may be made by an Owner to the committee in accordance with Section 6.3 of this Declaration. An application for. variance shall state on the application the reasons for allowing the variance, including: (a) that there are special circumstances or conditions affecting the Lot such that the strict application of a provision of Article VII would deprive the Owner of the reasonable use of the Lot; (b) the variance is necessary for the preservation and enjoyment of a substantial property right of the Owner; 27 (c) the granting of the variance will not be detrimental to the public welfare or injurious to other Owners or Lots subject to the Declaration; (d) that the issuance of the variance will not have an adverse effect upon the health, welfare and safety of the Owners benefited by this Declaration. In considering a request for a variance from the strict application of Article VII of this Declaration, the Committee shall make a finding showing that all of the foregoing conditions exist and the Committee may impose any reasonable condition in the granting of such variance in order to protect other Lots and Owners. Absent such a finding, such request for variance shall be deemed denied. The decision of the Committee shall be final in regard to any application for variance and such decision shall not be subject to appeal either by arbitration or litigation. The granting of a variance by the Committee shall not be binding upon the City of Cottage Grove, nor shall the granting of the variance by the City of Cottage Grove be binding on the Committee. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. U.S. HOME CORPORATION, a Delaware corporation 1 By: ohn Libe acki Its: Vice President STATE OF MINNESOTA ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , , 21 day of �J , 2005, by John J. Liberacki, the Vice President, of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. Notary (Pub THIS INSTRUMENT DRAFTED BY MESSERLI & KRAMER P.A, (MAIL) 1800 Fifth Street Towers 150 South Fifth Street MARGARET D, DOLAN NOTARY PUBLIC MINNESOTA My Commission Expites Jan. 31, 2010 Minneapolis, MN 55402 (612) 672 -3647 29 EXHIBIT A Lots 1 through 20, inclusive, Block 1; Lot 1, Block 2; Lots 1 through 15, inclusive, Block 3; Lots 1 through 10, inclusive, Mock 4; Lots 1 through 15, inclusive, Block 5; All in Pinecliff, Washington County, Minnesota X63 �3 all The East half of the Northeast Quarter except the South 500 feet of the East 440 feet thereof, Section 5, Township 27, Range 21, Washington County, Minnesota. 31 EXHIBIT C Outlot C; Pinecliff, Washington County, Minnesota. 620232.4 MA 1, ^I II 3561117 � Off Ice of the County Recorder Washington County, MN �IX��X�I� ENTERED IN TRANSFER RECORD Certified filed and /or recorded on: ASHING ) COU_f�TY, �INNESOTA 2005/12/28 11 :05:00 AM MOLLY /J F. O'ROURKE,'AU�ITO - TR 1 �b� 3561117 clndyNaoamann DEPUTY . 1. County Recordar l 5 i By, FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ( "First Amendment ") is made this 9 t ,, day of December , 20 05 , by U.S. HOME CORPORATION, a Delaware corporation ( "Declarant "), and PINECLIFF HOMEOWNERS' ASSOCIATION, INC., a Minnesota nonprofit corporation ( "Association "), WITNESSETH: WHEREAS, Declarant has heretofore executed a Declaration dated October 21, 2005, and filed in the Office of the Washington County Recorder on V'L — (,r-> , 2005, as Document No. 3656UA (the "Declaration ") covering property described on Exhibit A; and WHEREAS, the second "Whereas" recital in the Declaration, located on page 1 of the Declaration, provides the following: WHEREAS, Declarant is desirous of establishing certain minimum standards for the development of a residential development or developments located in the City of Cottage Grove, County of Washington, State of Minnesota, described on Exhibit A attached hereto and made a part hereof, to ensure proper use and appropriate development and improvement of each residential site therein contained as to: (a) protect the Owners of Lots against such improper use of such surrounding buildings and Lots as will depreciate the value of their property; (b) guard against the erection thereon of structures constructed of improper or unsuitable materials; (c) ensure adequate and reasonable development of said Property, TRL� �RORECTION MIC, r,/ 5M AN MM BLVD W BLOOMINGTON, MN 55437 M L % 4�j V (d) encourage the erection of attractive improvements appropriately located to prevent inharmonious appearance and function; (e) provide adequate setbacks, offstreet parking; and (f) in general, to benefit and burden the Lots for the purpose of facilitating the development and maintaining the desired tone of the community, and thereby securing to the Owner of each Lot the full benefit and enjoyment thereof, with no greater restriction on the free and undisturbed use of the Lots than is necessary to ensure the same advantages to the other Lots which are subject to the terms of this Declaration. (Letters (a), (b), (c), (d), (e) and (f) above are sometimes hereinafter collectively called the "Criteria for Standards ".); and WHEREAS, the Declarant and the Association desire to amend the Declaration for clarification purposes so that the second "Whereas" recital in the Declaration provides the following: WHEREAS, Declarant is desirous of establishing certain minimum standards for the development of a residential development or developments located in the City of Cottage Grove, County of Washington, State of Minnesota, described on Exhibit A and Exhibit C attached hereto and made a part hereof, to ensure proper use and appropriate development and improvement of each residential site therein contained as to: (e) protect the Owners of Lots against such improper use of such surrounding buildings and Lots as will depreciate the value of their property; (f) guard against the erection thereon of structures constructed of improper or unsuitable materials; (g) ensure adequate and reasonable development of said Property; (h) encourage the erection of attractive improvements appropriately located to prevent inharmonious appearance and function; (e) provide adequate setbacks, offstreet parking; and (f) in general, to benefit and burden the Lots for the purpose of facilitating the development and maintaining the desired tone of the community, and thereby securing to the Owner of each Lot the full benefit and enjoyment thereof, with no greater restriction on the free and undisturbed use of the Lots than is necessary to ensure the same advantages to the other Lots which are subject to the terms of this Declaration. 2 Q (Letters (a), (b), (c), (d), (e) and (f) above are sometimes hereinafter collectively called the "Criteria for Standards ".); and WHEREAS, the "Now therefore" recital in the Declaration, located on page 2 of the Declaration, provides the following: NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that the real property described on Exhibit A and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed and occupied subject to the conditions, restrictions, easements, charges and liens hereinafter set forth, which covenants, restrictions and easements shall run with the real property described on Exhibit A and any additional property annexed thereto pursuant to the provisions set forth in Article II, and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof; and WHEREAS, the Declarant and the Association desire to amend the Declaration for clarification purposes so that the "Now therefore" recital in the Declaration provides the following: NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that the real property described on Exhibit A and Exhibit C and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed and occupied subject to the conditions, restrictions, easements, charges and liens hereinafter set forth, which covenants, restrictions and easements shall run with the real property described on Exhibit A and Exhibit C and any additional property annexed thereto pursuant to the provisions set forth in Article II, and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof; and WHEREAS, Section 1.1(m) of the Declaration defines "Property" as follows: "Property" shall mean and refer to all the real property subject to this Declaration, all of which is more fully described on Exhibit A attached .hereto and by this reference incorporated herein for all purposes and such additions thereto as may hereafter be made pursuant to Article II hereof; and WHEREAS, the Declarant and the Association desire to amend Section 1.1(m) of the Declaration to clarify the definition of "Property" as follows: 3 UM "Property" shall mean and refer to all the real property subject to this Declaration, all of which is more fully described on Exhibit A and Exhibit C attached hereto and by this reference incorporated herein for all purposes and such additions thereto as may hereafter be made pursuant to Article II hereof; and WHEREAS, Section 7.12 of the Declaration, entitled "Fences, Walls and Hedges," provides as follows: Boundary walls, fences and hedges are inconsistent with the intended plan of development for the Property. No wall or fence shall be constructed or hedge planted on any Lot unless and until the height, type, design and location have been previously approved in writing by the Committee. The height or elevation of any wall, fence or hedge shall be measured from the existing elevations on the property at or along the applicable point or lines. Any question as to such heights may be completely determined by the Committee. A refusal by the Committee to allow or permit a fence, wall or hedge (including tennis court enclosures and swimming pool fences) on any particular Lot or in any particular location shall not be construed to be an abuse of discretion. In addition to the provisions of Article VI and the foregoing, all fences approved by the Committee shall be black chain link and shall not exceed four feet in height. Further, if a fence approved by the Committee is installed along the rear of a Lot abutting a public roadway, the fence must be installed inside the landscaped area or, if the fencing parallels Hinton Avenue and/or 65 Avenue, it must be placed at the toe of the slope abutting these roadways; and WHEREAS, the Declarant and the Association desire to amend Section 7.12 of the Declaration, entitled "Fences, Walls and Hedges," as follows: Boundary walls, fences and hedges are inconsistent with the intended plan of development for the Property. No wall or fence shall be constructed or hedge planted on any Lot unless and until the height, type, design and location have been previously approved in writing by the Committee. All fences shall be professionally installed. The height or elevation of any wall, fence or hedge shall be measured from the existing elevations on the property at or along the applicable point or lines. Any question as to such heights may be completely determined by the Committee. A refusal by the Committee to allow or permit a fence, wall or hedge (including tennis court enclosures and swimming pool fences) on any particular Lot or in any particular location shall not be construed to be an abuse of discretion. In addition to the provisions of Article VI and the foregoing, all fences approved by the Committee shall be black chain link and shall not exceed four feet in height. Further, if a fence approved by the 4 Committee is installed along the rear of a Lot abutting a public roadway, the fence must be installed inside the landscaped area or, if the fencing parallels Hinton Avenue and/or 65 Avenue, it must be placed at the toe of the slope abutting these roadways; and WHEREAS, Declarant and the Association desire to prohibit above - ground swimming pools on the Property; and WHEREAS, in light of the foregoing, Declarant and the Association desire to amend Article VII of the Declaration (entitled "Restrictions Applicable to Lots ") to add Section 7.23 to provide the following: Above - Ground Pools. There shall be no above - ground pools permitted on the Pro ert ; and WHEREAS, Section 15.2 of the Declaration provides, in pertinent part, that the Declaration may be amended by an instrument signed by Members entitled to cast no less than 90% of the votes of each class of membership; and WHEREAS, as of the date of this First Amendment, Declarant owns all the Lots subject to the Declaration and, thus, is the sole Member; and WHEREAS, Declarant and the Association desire to amend the Declaration in order to effectuate the foregoing. NOW, THEREFORE, the Association and Declarant hereby declare as follows: The second "Whereas" recital in the Declaration, located on page 1 of the Declaration, is hereby amended to provide the following: WHEREAS, Declarant is desirous of establishing certain minimum standards for the development of a residential development or developments located in the City of Cottage Grove, County of Washington, State of Minnesota, described on Exhibit A and Exhibit C attached hereto and made a part hereof, to ensure proper use and appropriate development and improvement of each residential site therein contained as to: (i) protect the Owners of Lots against such improper use of such surrounding buildings and Lots as will depreciate the value of their property; 0) guard against the erection thereon of structures constructed of improper or unsuitable materials; (k) ensure adequate and reasonable development of said Property; (1) encourage the erection of attractive improvements appropriately located to prevent inharmonious appearance and function; (e) provide adequate setbacks, offstreet parking; and w } (f) in general, to benefit and burden the Lots for the purpose of facilitating the development and maintaining the desired tone of the community, and thereby securing to the Owner of each Lot the full benefit and enjoyment thereof, with no greater restriction on the free and undisturbed use of the Lots than is necessary to ensure the same advantages to the other Lots which are subject to the terms of this Declaration. (Letters (a), (b), (c), (d), (e) and (f) above are sometimes hereinafter collectively called the "Criteria for Standards "). 2. The "Now therefore" recital in the Declaration, located on page 2 of the Declaration, is hereby amended to provide the following: NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that the real property described on Exhibit A and Exhibit C and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed and occupied subject to the conditions, restrictions, easements, charges and liens hereinafter set forth, which covenants, restrictions and easements shall run with the real property described on Exhibit A and Exhibit C and any additional property annexed thereto pursuant to the provisions set forth in Article II, and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. 3. Section 1.1(m) of the Declaration is hereby amended to provide the following: "Property" shall mean and refer to all the real property subject to this Declaration, all of which is more fully described on Exhibit A and Exhibit C attached hereto and by this reference incorporated herein for all purposes and such additions thereto as may hereafter be made pursuant to Article II hereof. 4. Section 7.12 of the Declaration, entitled "Fences, Walls and Hedges," is hereby amended as follows: Boundary walls, fences and hedges are inconsistent with the intended plan of development for the Property. No wall or fence shall be constructed or hedge planted on any Lot unless and until the height, type, design and location have been previously approved in writing by the Committee. All fences shall be professionally installed. The height or elevation of any wall, fence or hedge shall be measured from the existing elevations on the property at or along the applicable point or lines. Any question as to such heights may be completely determined by the Committee. A refusal by the Committee to allow or permit a fence, wall or hedge (including tennis court enclosures and swimming pool fences) on any particular Lot or in any particular location shall not be construed to be an abuse of discretion. In addition to the provisions of Article VI and the foregoing, all fences approved by the Committee shall be black chain link and shall not exceed four feet in height. Further, if a fence approved by the on Committee is installed along the rear of a Lot abutting a public roadway, the fence must be installed inside the landscaped area or, if the fencing parallels Hinton Avenue and/or 65 Avenue, it must be placed at the toe of the slope abutting these roadways. 5. The Declaration is hereby amended to add Section 7.23, which shall provide as follows: Above - Ground Pools. There shall be no above - ground pools permitted on the Property. 6. This First Amendment is made pursuant to Section 15.2 of the Declaration. 7. Except as amended herein, the Declaration remains in full force and effect. [Remainder ofpage intentionally left blank] 7 IN WITNESS WHEREOF, the undersigned have executed this First Amendment to Declaration as of the day and year first above written. U.S. HOME CORPORATION, a Delaware corporation By: %nt re acki Its: Vi STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this �� day of 20 0 5 , by John J. Liberacki, the Vice President of U.S. Home Corporation, a Delaware corporation, on behalf of said corporation. y SARA K JENSEN NOTARY PUBLIC - MINNESOTA My commission Expires Jan. 31, 2010 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) L ly, Notary Public The foregoing was acknowledged before me this 9 1 day of , 20 05 by Bob Swanick, the President of Pinecliff Homeowners' Association, Inc., a Minnesota nonprofit corporation, on behalf of said corporation. n�nMntinAnAnw� w ALICE LYNN EATON I NCITARY PN ILIC -MMA OTA C� m ft■ol tbooAL 111, 00 otary Public Wil l - MAN THIS INSTRUMENT WAS DRAFTED BY: Messerli & Kramer P.A. (BAP) 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 PINECLIFF HOMEOWNERS' ASSOCIATION, INC., a Minnesota " ' .-, W I VI I 1 1 13 � DECLARATION LEGAL DESCRIPTION Lots 1 through 20, inclusive, Block 1; Lot 1, Block 2; Lots 1 through 15, inclusive, Block 3; Lots 1 through 10, inclusive, Block 4; Lots 1 through 15, inclusive, Block 5; and Outlot C; All in Pinecliff, Washington County, Minnesota 625938.1 0 THIS INSTRUMENT WAS DRAFTED BY AND WHEN RECORDED MAIL TO: U.S. Home Corporation Minnesota Land Division 16305 36th Ave. N., Suite 600 Plvmouth. MN 55446 -4270 (Space Above for Recorder/Registrar Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINECLIFF [Annexing Blocks 1 & 2, Pinecliff 4 Addition] THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINECLIFF ( "Supplemental Declaration ") is made as of November 3, 2011, by U.S. HOME CORPORATION, a Delaware corporation ( "Declarant "). PREAMBLE A. Declarant has executed that certain Declaration of Covenants, Conditions and Restrictions recorded December 6, 2005, as Document No. 3556269, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions recorded December 28, 2005, as Document No. 3561117, in the office of the County Recorder for Washington County, Minnesota (collectively, the "Declaration "). B. The Declaration encumbers real property in Washington County, Minnesota, comprising the Pinecliff community (the "Community ") as described in the Declaration. C. Section 2.1 of the Declaration provides, in part, that Declarant reserves the right to unilaterally add to the Community some or all of the property described on Exhibit B of the Declaration ( "Future Development Area"), subject to certain conditions specified in the Declaration, all of which have been satisfied. D. Declarant owns and wishes to annex into the Community certain land as set forth below. NOW, THEREFORE, Declarant hereby declares as follows: SUPPLEMENTAL DECLARATION 1. Definitions. Except as otherwise expressly defined herein, words and phrases in this Supplemental Declaration have the same meanings as defined in the Declaration. 2. Annexed Property; Land Classification. Pursuant to Section 2.1 of the Declaration, the Future Development Area described in Exhibit 1 attached hereto ( "Annexed Property ") is 1 8277487v2 NORTH AMERICAN TITLE COMP SOUTHGATE OFFICE PLAZA 5oo1 AMERICAN BLVD. W„ STE. 255 BLOOMINGTON, WIN 55437 3863334 Receipt#: 176291 DCR $46.00 Certified Filed and /or recorded on: 11/2212011 9:51 AM 3863334 Office of the County Recorder Retum to: Property Records & Taxpayer Services NORTH AMERICAN TITLE CO Washington County, MN 5001 AMERICAN BLVD W SUITE 255 Kevin J Corb&1, County Recorder BLOOMINGTON MN 55437 THIS INSTRUMENT WAS DRAFTED BY AND WHEN RECORDED MAIL TO: U.S. Home Corporation Minnesota Land Division 16305 36th Ave. N., Suite 600 Plvmouth. MN 55446 -4270 (Space Above for Recorder/Registrar Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINECLIFF [Annexing Blocks 1 & 2, Pinecliff 4 Addition] THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINECLIFF ( "Supplemental Declaration ") is made as of November 3, 2011, by U.S. HOME CORPORATION, a Delaware corporation ( "Declarant "). PREAMBLE A. Declarant has executed that certain Declaration of Covenants, Conditions and Restrictions recorded December 6, 2005, as Document No. 3556269, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions recorded December 28, 2005, as Document No. 3561117, in the office of the County Recorder for Washington County, Minnesota (collectively, the "Declaration "). B. The Declaration encumbers real property in Washington County, Minnesota, comprising the Pinecliff community (the "Community ") as described in the Declaration. C. Section 2.1 of the Declaration provides, in part, that Declarant reserves the right to unilaterally add to the Community some or all of the property described on Exhibit B of the Declaration ( "Future Development Area"), subject to certain conditions specified in the Declaration, all of which have been satisfied. D. Declarant owns and wishes to annex into the Community certain land as set forth below. NOW, THEREFORE, Declarant hereby declares as follows: SUPPLEMENTAL DECLARATION 1. Definitions. Except as otherwise expressly defined herein, words and phrases in this Supplemental Declaration have the same meanings as defined in the Declaration. 2. Annexed Property; Land Classification. Pursuant to Section 2.1 of the Declaration, the Future Development Area described in Exhibit 1 attached hereto ( "Annexed Property ") is 1 8277487v2 NORTH AMERICAN TITLE COMP SOUTHGATE OFFICE PLAZA 5oo1 AMERICAN BLVD. W„ STE. 255 BLOOMINGTON, WIN 55437 hereby annexed into the Community and made subject to the Declaration. The Lots and the Common Elements, if any, in the Annexed Property are identified on Exhibit 1 hereto. 3. Covenants Binding. The Annexed Properly is hereby subject to the Declaration and is part of the Community. 3.1. The Annexed Property shall be transferred, held, sold, conveyed and developed always subject to all of the easements, covenants, restrictions, conditions and other terms and provisions of the Declaration, to the same extent as though the Annexed Property had been designated as part of the Community in the Declaration as originally executed, but subject to the provisions of this Supplemental Declaration to the extent not inconsistent with the general plan and scheme of the Declaration. 3.2. This Supplemental Declaration does not revoke or modify the covenants, conditions, restrictions, reservation of easements, or equitable servitudes established by the Declaration and other Supplemental Declarations with respect to the remainder of the Community which is not a part of the Annexed Property described in this Supplemental Declaration. 4. Voting and Assessment Allocation. The allocation to each Lot in the Annexed Property of Association voting rights, expenses and assessments is determined pursuant to Sections 3.1, 3.2 and 4.6 of the Declaration. 5. Lot and Outlot Disposition. See Exhibit 2 for the proposed disposition of the Lots and outlots in the plats in which the Annexed Property and nearby Community areas are located. See Paragraph 6 below for further requirements relating to Outlot A, Pinecliff 3 rd Addition ( "City Outlot"). The City Outlot is located westerly of the Annexed Properly adjacent to Hinton Avenue South. 6. City Outlot, The City Outlot is not part of the Community and is to be deeded to the City of Cottage Grove (the "City ") for stormwater and storm pond purposes. The City, as a condition of its approval of the plat of Pinecliff 3 rd Addition, required that the Association maintain all vegetation and landscaping on the City Outlot. If the Association does not maintain such vegetation and landscaping on the City Outlot, the City will rough -cut the vegetation twice per year and may assess the cost thereof against the Lots and/or the Association. Notwithstanding anything to the contrary contained herein or in the Declaration or any other Community Supplemental Declaration, all maintenance obligations associated with the vegetation and landscaping on the City Outlot are the Association's responsibility. 7. Drainage Improvements; Overflow Swales. Declarant may construct emergency overflow swales and pipes, catch basins and other drainage improvements throughout the Annexed Property and the Community as necessary to accommodate proper drainage. No person may obstruct or change the grade of such swales or obstruct or modify such drainage improvements without the approval of the Association and the City of Cottage Grove. 8. Street Circulation. Some streets in or adjacent to the Annexed Property may be closed to through or circulating traffic during periods of construction. However, at the conclusion of Community development activities streets may be extended to provide traffic circulation throughout the Community and to developments outside the Community. Until streets are extended, they may terminate in temporary cul -de -sacs for which Declarant reserves easements over the affected Lots and /or Common Elements for such purposes. Temporary 2 8277487v2 cul -de -sacs, if any, will be removed when the streets are extended. There is no assurance whether or when such street extensions and temporary cul -de -sac removals will occur. 9. Easements. Declarant hereby reserves easements for itself and grants easements to the Association over the Annexed Property for access, ingress, egress, maintenance, repair, replacement and other purposes all in accordance with the Declaration and this Supplemental Declaration. 10. Future Development Area. Subject to the terms and conditions hereof, having been added to the Community pursuant to this Supplemental Declaration, the Annexed Property is no longer part of the Future Development Area described in Section 2.1 and Exhibit B of the Declaration. Declarant's right to annex any remaining Future Development Area continues unchanged. Until Future Development Area is annexed and added to the Community, it is not subject to the Declaration. 11. Amendment or Revocation. This Supplemental Declaration may be revoked by an instrument executed by Declarant and the record owner(s) of a majority of the Lots in the Annexed Property. For so long as Declarant owns a Lot in the Annexed Property, Declarant may amend this Supplemental Declaration by recording an amendment signed by Declarant. Any other amendment of this Supplemental Declaration must satisfy the requirements for amending the Declaration. 12. Declaration Continues. Except as specifically supplemented herein with respect to the Annexed Property, the Declaration continues unmodified, in full force and effect. IN 'WITNESS WHEREOF, Declarant has executed this Supplemental Declaration effective as of the date first set forth above. DECLARANT: U.S. HOME CORPORATION, a Delaware corporatio . By: .,,e' Its: VTresident — Minnesota Land Division LIST OF EXHIBITS Exhibit 1 Annexed Property Added to the Community Exhibit 2 Proposed Classifications and Dispositions of Lots and Outlots STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on A. Aune, as Vice President - Minnesota Land corporation, on behalf of the corporation. -' day of November, 2011, by Jonathan of U:S. Home Corporation, a Delaware CAROLE L. TOOHEY F NOTARY PUBLIC - MINNESOTA ~ Notary �`�- MY COMMISSION EXPIRES 01-31 -2012 i Exhibit 1 Annexed Property Added to the Community The following real property located in the City of Cottage Grove, Washington County, Minnesota, is added to the Pinecliff Community as follows: Lots Lots 1 -9, Block 1; and Lots 1 -5, Block 2; all in PINECLIFF 4 TH ADDITION, according to the recorded Plat thereof. Common Elements None in PMECLIFF 4 th ADDITION. 8277487v2 Exhibit 2 Proposed Classifications and Dispositions of Lots and Outlots The following classifications and dispositions of Lots and Outlots in the plats in which the Annexed Property and nearby Community areas are located are based on information as of the recordation of this Supplemental Declaration. Classifications and dispositions of lots and outlots are subject to change. This Supplemental Declaration does not encumber or affect title to, or annex into the land subject to the Declaration, any real property other than the Lots in the Annexed Property described in Exhibit 1 attached hereto. Proposed dispositions of land which is not part of the Community and future uses and development plans (including product types and densities) can change 8277487x2 `T Lots 1 -9, Block 1 These are Lots in the Community, which are being developed with Lots 1 -5, Block 2 detached single family residences and related residential amenities This outlot is Future Development Area which may but need not be annexed into the Community. Currently this outlot is expected to be Outlot A developed with detached single family residences and related residential amenities, although product types and development plans can change. ti RD P UAT PINECI 3 „; s �•! t� t t� s "�� < v d 5 � ! � tiS = < t Y-��a, t �i ADAITIgN £ Y OE IFF z J > �1 f> Hh4 X 4 1 + a s 5 t g tr f 7 t. •a t kr s .,c b a'C y 1. . q. 1 aE 1 7 ?;. .u.) ". ,.m._ . ..r <.'x�+ ._ s s 5+ [ rS.0 Is . ; .. 1_ -ii •no,,.Rikdo i. 1 .. .. �: '�,� t:::l,l.9s,. Lots 1 -5, Block 1 'These are Lots in the Community, which are being developed with Lots 1- 6, Block 2 detached single family residences and related residential amenities. Lots 1 -11, Block 3 Not part of the Community and is planned to be deeded to the City of Cottage Grove for stormwater and storm pond purposes, although the Outlot A City of Cottage Grove, at its discretion, may use the City Outlot for ( "City Outlot") any purpose. The Association is required to maintain the vegetation and landscaping on the City Outlot. Outlot B Replatted as Pinecliff 4 Addition (see above). Proposed dispositions of land which is not part of the Community and future uses and development plans (including product types and densities) can change 8277487x2 Receipt: #204542 DCR $46.00 Return to: NORTH AMERICAN TITLE CO 50D1 AMERICAN BLVD' #255 BLOOMINGTON MN 55437 3914995 flIIIII�IIIIIIIIWIItlVllll��ll Certified Filed andfor recorded on: 11/2/2012 4:55 PM 3914995 THIS INSTRUMENT WAS DRAFTED BY AND WHEN RECORDED MAIL TO: Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder U.S. Home Corporation Minnesota Land Division 16305 36th Ave. N., Suite 600 Plymouth, MN 55446 -4270 (Space Above for Recorder/Registrar Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINECLIFF [Annexing Blocks 1, 2, 4 & 6 and portions of Blocks 3 & 5, Pinecliff 5 Addition] THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PINECLIFF ( "Supplemental Declaration ") is made by U.S. HOME CORPORATION, a Delaware corporation ( "Declarant'). PREAMBLE A. Declarant has executed that certain Declaration of Covenants, Conditions and Restrictions recorded December 6, 2005, as Document No. 3556269, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions recorded December 28, 2005, as Document No. 3561117, in the office of the County Recorder for Washington County, Minnesota (collectively, the "Declaration "). B. The Declaration encumbers real property in Washington County, Minnesota, comprising the Pinecliff community (the "Community ") as described in the Declaration. C. Section 2.1 of the Declaration provides, in part, that Declarant reserves the right to unilaterally add to the Community some or all of the property described on Exhibit B of the Declaration ( "Future Development Area "), subject to certain conditions specified in the Declaration, all of which have been satisfied. D. Declarant owns and wishes to annex into the Community certain land as set forth below. NOW, THEREFORE, Declarant hereby declares as follows: SUPPLEMENTAL DECLARATION 1. Definitions. Except as otherwise expressly defined herein, words and phrases in this Supplemental Declaration have the same meanings as defined in the Declaration, 2. Annexed Property; Land Classification. Pursuant to Section 2.1 of the Declaration, the Future Development Area described in Exhibit 1 attached hereto ( "Annexed Property ") is 90479990 NORTH AMERICAN TffLE COMPANY SOUTHGATk ()FRCE PLAZA 5001 AMERICAN 9I -4'D. W., STE. 255 BLOOMINGTON, MN 55437 hereby annexed into the Community and made subject to the Declaration. The Lots and the Common Elements, if any, in the Annexed Property are identified on Exhibit 1 hereto. 3. Covenants Binding. The Annexed Property is hereby subject to the Declaration and is part of the Community. 3.1. The Annexed Property shall be transferred, held, sold, conveyed and developed always subject to all of the easements, covenants,. restrictions, conditions and other terms and provisions of the Declaration, to the same extent as though the Annexed Property had been designated as part of the Community in the Declaration as originally executed, but subject to the provisions of this Supplemental Declaration to the extent not inconsistent with the general plan and scheme of the Declaration. 3.2. This Supplemental Declaration does not revoke or modify the covenants, conditions, restrictions, 'reservation of easements, or equitable servitudes established by the Declaration and other Supplemental Declarations with respect to the remainder of the Community which is not a part of the Annexed Property described in this Supplemental Declaration. 4. Voting and Assessment Allocation. The allocation to each Lot in the Annexed Property of Association voting rights, expenses and assessments is determined pursuant to Sections 3. 1, 3.2 and 4.6 of the Declaration. 5. Lot and Outlot Disposition. See Exhibit 2 for the proposed disposition of the Lots and outlots in the plats in which the Annexed Property and nearby Community areas are located. 6. Drainage Improvements; Overflow Swales. Declarant may construct emergency overflow swales and pipes, catch basins and other drainage improvements throughout the Annexed Property and the Community as necessary to accommodate proper drainage. No person may obstruct or change the grade of such swales or obstruct or modify such drainage improvements without the approval of the Association and the City of Cottage Grove. 7. Street Circulation. Some streets in or adjacent to the Annexed Property may be closed to through or circulating traffic during periods of construction. However, at the conclusion of Community development activities streets may be extended to provide traffic circulation throughout the Community and to developments outside the Community. Until streets are extended, they may terminate in temporary cul -de -sacs for which Declarant reserves easements over the affected Lots and/or Common Elements for such purposes. Temporary cul -de -sacs, if any, will be removed when the streets are extended. There is no assurance whether or when such street extensions and temporary cul -de -sac removals will occur. 8. Easements. Declarant hereby reserves easements for itself and grants easements to the Association over the Annexed Property for access, ingress, egress, maintenance, repair, replacement and other purposes all in accordance with the Declaration and this Supplemental Declaration. 9. Future Development Area. Subject to the terms and conditions hereof, having been added to the Community pursuant to this Supplemental Declaration, the Annexed Property is no longer part of the Future Development Area described in Section 2.1 and Exhibit B of the Declaration. Declarant's right to annex any remaining Future Development Area continues unchanged. Until Future Development Area is annexed and added to the Community, it is not subject to the Declaration. 2 90479990 Exhibit 2 Proposed Classifications and Dispositions of Lots and Outlots The following classifications and dispositions of Lots and Outlots in the plats in which the Annexed Property and nearby Community areas are located are based on information as of the recordation of this Supplemental Declaration. Classifications and dispositions of lots and outlots are subject to change. This Supplemental Declaration does not encumber or affect title to, or annex into the land subject to the Declaration, any real property other than the Lots in the Annexed Property described in Exhibit 1 attached hereto. PLAT.OF 5 TH ADDITION Lots 1 -5, Block 1 Lots 1 -4, Block 2 Lots 1 and 2, Block 3 These are Lots in the Community that are being developed with Lot 1, Block 4 detached single family residences and related residential amenities Lots 1, 2, 3 and 7 through 10, Block 5 Lots 1 and 2, Block 6 These six Lots are not part of the Community; are owned by private individuals; and contain pre- existing dwellings and related Lots 3 -5, Block 3 improvements. For a limited period of time and with Declarant's Lots 4 -6, Block 5 consent, the owners of these Lots may annex them into the Community. It is unknown if this will ever occur. Not part of the Community and planned to be deeded to the City of Outlots A, B & C Cottage Grove for public parks and trails, although the City of Cottage Grove, at its discretion, may use these Outlots for any purpose. PLAT OF PINECLIFF 4 TH ADDITION Lots 1 -9, Block 1 These are Lots in the Community that are being developed with Lots 1 -5, Block 2 detached single family residences and related residential amenities Outlot A Replatted as part of Pinecliff 5 Addition (see above). PLAT OF PINECLIFF 3RD ADDITION Lots 1 -5, Block 1 These are Lots in the Community that are being developed with Lots 1 - 6, Block 2 detached single family residences and related residential amenities. Lots 1 -11, Block 3 90479990 Proposed dispositions of land which is notpart of the Community and future uses and development plans (including product types and densities) can change 90479990 Not part of the Community and planned to be deeded to the City of Cottage Grove for stormwater and storm pond purposes, although the Outlot A City of Cottage Grove, at its discretion, may use this Outlot for any purpose. The Association is required to maintain the vegetation and landscaping on this Outlot. Outlot B Replatted as Pinecliff 4" Addition (see above). PLAT OF PINECLIFF 2 " ADDITION Lots 1 -6, Block 1 Lots 1 -6, Block 2 Lots 1 -4, Block 3 Lots in the Community that are being developed with detached single Lots 1 -6, Block 4 family residences and related residential amenities. Lots 1 -14, Block 5 Lots 1 -19, Block 6 Outlot A Replatted as part of Pinecliff 3` Addition (see above) Not part of the Community and to be deeded to the City of Cottage Grove for storm water detention pond and public open space, although Outlots B & C the City of Cottage Grove, at its discretion, may use these Outlots for any purpose. Outlot D Replatted as part of Pinecliff 5th Addition (see above) PLAT OF PINECLIFF Lots 1 -20, Block 1 Lot 1, Block 2 Lots in the Community that are being developed with detached single Lots 1 -15, Block 3 family residences and related residential amenities. Lots 1 -10, Block 4 Lots 1 -15, Block 5 Not part of the Community and deeded to the City of Cottage Grove for storm water detention pond and wetlands, public open space, and Outlot A & B trails, although the City of Cottage Grove, at its discretion, may use these Outlots for any purpose Has been deeded to the Association as a Common Element and Outlot C contains a landscaped street median island. Proposed dispositions of land which is notpart of the Community and future uses and development plans (including product types and densities) can change 90479990 Exhibit 1 Annexed Property Added to the Community The following real property located in the City of Cottage Grove, Washington County, Minnesota, is added to the Pinecliff Community as follows; Lots Lots 1 -5, Block 1; Lots 1 -4, Block 2; Lots 1 and 2, Block 3; Lot 1, Block 4; Lots 1, 2, 3 and 7 through 10, Block 5; and Lots 1 and 2, Block 6; all in PINECLIFF 5 TH ADDITION, according to the recorded Plat thereof. Common Elements None in PINECLIFF 5" ADDITION. 90479990 10. Amendment or Revocation. This Supplemental Declaration may be revoked by an instrument executed by Declarant and the record owner(s) of a majority of the Lots in the Annexed Property. For so long as Declarant owns a Lot in the Annexed Property, Declarant may amend this Supplemental Declaration by recording an amendment signed by Declarant. Any other amendment of this Supplemental Declaration must satisfy the requirements for amending the Declaration. 11. Declaration Continues. Except as specifically supplemented herein with respect to the Annexed Property, the Declaration continues unmodified, in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Supplemental Declaration effective as of the date recorded in the office of the Recorder, Washington County, Minnesota. LIST OF EXHIBITS DECLARANT: U.S. HOME CORPORATI a Delaware corporation. J ONAT INA�. A Its: Vic resi Minnesota Land Division Exhibit 1 Annexed Property Added to the Community Exhibit 2 Proposed Classifications and Dispositions of Lots and Outlots STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2012, by Jonathan A. Anne, as Vice President - Minnesota avist of S. H e Corporation, a Delaware corporation, on behalf of the corporate Notary Public r CAROLE TOOHEY Notary Public State of Minnesota My Commission Expires t. •' January 31, 2017 3 9047999x3 Receipt: 204542 3914996 QCD SS NV $55.65 I IIIIII VIII VIII VIII VIII IIII� �III� III III Transferred Entered Certified Filed and/or recorded on: No Delinquent Taxes 11/2/2012 4:55 PM CRV Not Required 3914996 Return to: Office of the County Recorder NORTH AMERICAN TITLE CO Washington County, Minnesota 5001 AMERICAN BLVD #255 Jenn/ferWagenius, County Recorder BLOOMINGTON MN 55437 Kevin Ccrbid, Auditor Treasurer OJ D2T ZI.1 /. DLOT �Ilrouy� Of, 027 2 1. 11.X0073 Dr1' oZ7- 21- I, DOF'r n o06J•" toC'13"� rl'r^'eii, p,1`.02.7 2(, r 19r 027 • ` , 14, � Crop 3 Inches Reserved for Recording Data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Business Entity Form 10.3.2 (2011) DEED TAX DUE: $ 1.65 DATE: 2012 FOR VALUABLE CONSIDERATION Thomas U. Shannon and Cheri Louise Shannon, Okla Sharon L. Shannon, as husband and wife ( "Grantor "), hereby conveys and quitclaims to U.S. Home Corporation, a corporation under the laws of Delaware, ( "Grantee ") real property in Washington County, Minnesota, legally described as follows: All of PINECLIFF 5TH ADDITION, according to the recorded Plat thereof, excepting Lots 4, 5 and 6, Block 5 of said PINECLIFF 5TH ADDITION, Check here lfpart or all of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances thereto. This Deed is being recorded to conform the legal descriptions of the land owned by Grantor and Grantee with the legal descriptions created by the recorded Plat of Pinecliff 5th Addition. THIS DEED TRANSFERS REAL PROPERTY IN EXCHANGE FOR $500 OR LESS OF CONSIDERATION. Check applicable box. Gr r ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has T U. Shannon been electronically filed. (If electronically filed, insert WDC ` number: Cheri Louise Sha non, f/k/a Sharon L. Shannon [I I am familiar with the property described in this instrument and d I certify that the status and number of wells on the described real property have not changed since the last previously filed NORTH AMEPJC .4 T9TLE COMPANY well disclosure certificate. SOUTHGATE OFFICE PLAZA 5001 AMERICAN BLVD. W., STE. 255 BLOOMINGTON, MN 55437 4(n52.- 1'z- l MA Page 1 of 2 9074059x1 Page 2 of Minnesota Uniform Conveyancing Blanks Form 10.3.2 State of Minnesota, County of A� — 45 . This instrument was acknowledged before me o r4� 2012, by Thomas V. Shannon and Cheri Louise Shannon, flk/a Sharon L. Shannon, as husband and wife. (stamp) 4 STEVEN B ACH Notary Public State of Minnesota My Commission Expires January 31, 2014 (si naid7eofnoradalofficed Titie (and Rank): Notary Public My commission expires: f . 31 Z16 / (monWday6wr) / THIS INSTRUMENTWAS DRAFTED BY: Insert name and address) Leonard, Street and Deinard P.A. (RLG /JDP) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENTTO: Cnsertname and residential orbus(ness address orGrantee) US. Home Corporation 16305 36th Ave. North Suite 600 Plymouth, MN 55446 9074059vl f _3914997 Receipt: #2o4s42 I $ CON IIIIIII1111I1 IIII VIII VIII VIII VIII IIII IIII ' $1.65 SOT Transferred Entered Certified Filed andlor recorded on: No Delinquent Taxes 1112(2012 4:55 PM CRV Not Required 3914997 Office ofthe County Recorder Return to: NORTH AMERICANTITLE'CO Washington County, Minnesota 5001 AMERICAN BLVD #255 JenniferWagenius, CounlyR --der BLOOMINGTON MN 55437 Kevin Corbid. Auditor7reasurer• 0�- o27. V, 4 00sd' ,9r. 027. 21, 14. oar? 6,r.rj27.21•% Gord (Top 3 Inches Reserved for Recording Data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Bu siness Entity to Individuals) Form, 10.3.4 (2011) DEED TAX DUE: $ 1165 DATE: q ` �R 1 2012 FOR VALUABLE CONSIDERATION, U.S. Home Corporation, a corporation under the laws of Delaware, ("Grantor'), hereby conveys and quitclaims to Thomas V. Shannon and Cheri Louise Shannon, flkla Sharon L. Shannon, as joint tenants, ('Grantee') real property in Washington County, Minnesota, legally described as follows: Lots 4, 5 and 6, Block 5 of PINECLIFF 5TH ADDITION, according to the recorded Plat thereof, Check here lfpart or all of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed is being recorded to conform the legal descriptions of the land owned by Grantor and Grantee with the legal descriptions created by the recorded Plat of Pinecliff 5+h Addition. THIS DEED TRANSFERS REAL PROPERTY IN EXCHANGE FOR $500 OR LESS OF CONSIDERATION. Check applicable box. ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number. ) ❑ I am familiar with the property described in-this instrument and I certify that the status and number of wells on the described real propertyhave not changed since the last previously filed well disclosure certificate. Grantor U.S HOME CORP a re corporation By: .Iona A. Au ^ Vice President — Minnesota Land Division NORTH AMERICAN TITLE COMPANY SOUTHGATE OFFICE. PLAZA 5W1AMERI AN BLV . 5 � Psgelor2 9074563vl Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.4 State of Minnesota, County of HENNEPIN This instrument was acknowledged before me on �18 —f� 2012, by Jonathan A. Aune, the Vice President Minnesota Land Division of U.S, Home Corporation, a Delaware corporation, on behalf of the corporation. (Stamp) ftVEN B ACH Notary Public State of Minnesota My Commission Ex Tres January 31, 2014 (signature ofnotadal alficar) Title (and Rank): Notary Public My commission expires: '51 • .��- ej (momh/day /year) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Leonard, Street and Deinard P.A. (RLGIJDP) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and residential ar business address of Grantee) Thomas V. Shannon and Cheri Louise Shannon V2t.0 - 1 A�'- i � S� 9074563vl Receipt:# 204542 QCD 546.00 CONV $5.00 SDT $1.65 Transferred Entered No Delinquent Taxes CRV Not Required I Return to: NORTH AMERICAN TITLE CO 5001 AMERICAN BLVD #255 BLOOMINGTON MN 55487 3914999 1 11111 III II IIIII hill Illil IIIII 11111 it ll 1111 Certified Filed and/or recorded on: 11!2/20124:55 PM 3914999 Office of the County Recorder Washington County, Minnesota Jennifer Wagenlus, County Recorder Kevin Corbld, Auditor Treasurer 0J - . X927. 21. 11. 0 0s - r , r trouyk fc C, 027, 21. 11. VeD j ©V 02-7 P-t, 11, 006 -? vW 'ls ar, - 7,.2i. //, ov'3 0j - o27 - 21. 14. m0 J7 #/� ©if 0-g7 2( ../* 00, (fop 3 Inches Reserved for Recording Data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Business Entity Form 10.3.2 (2011) DEED TAX DUE: $ 1.65 DATE: y' W ld 2012 FOR VALUABLE CONSIDERATION, Donald L. Bialucha and Bonnie M. Bialucha, as husband and wife ( "Grantor "), hereby conveys and quitclaims to U.S. Home Corporation, a corporation under the laws of Delaware, ( "Grantee ") real property in Washington County, Minnesota, legally described as follows: All of PINECLIFF 5TH ADDITION, according to the recorded Plat thereof, excepting Lots 3, 4 & 5, Block 3 of said PINECLIFF 5TH ADDITION, Check here ifpart or all of the described real propertyis Registered (Torrens) ❑ together with all hereditaments and appurtenances thereto. This Deed is being recorded to conform the legal descriptions of the land owned by Grantor and Grantee with the legal descriptlons created by the recorded` Plat bf Pinecliff 5 Addition. THIS DEEQ TRANSFERS REAL PROPERTY IN EXCHANGE FOR $500 OR LESS OF CONSIDERATION. Check applicable box.' ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed, (If electronically filed, insert WDC number: ) ❑ l am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed Grantor Donald L Bialucha Bonnie M. Bialucha well disclosure certificate. '>i OW-H AMERICAN T!1TLE COMpANy SOUTHGATE OFFICE PLAZA 6001 AMERICAN BLVD. W., STE. 255 8LOOMIN R eki ru +13-7 9074o09v2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.2 State of Minnesota, County of A�AII This instrument was acknowledged before me on ; `2Vrget" �. 2012, by Donald L. Bialucha and Bonnie M. Bialucha, as husband and Wfe. (Stamp) (signature ofnotadal o cer) - -�++► Tifle (and Rank): _ Nota Public , STEVV EN B ACH My commission expires: 3 Notary Public — / (ono'✓day /year) State of Minnesota My.CommiASIOn Ex 7es Janua% 31, 2014 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Leonard, Street and Deinard P.A. (RLG /JDP) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT T0: (jnsertnameandresidenYal orbushessaddress ofGrantee) U.S. Home Corporation 16305 36 Ave. North, Suite 600 Plymouth, MN 55446 9074009W2 Receipt;# 204542 3915000 0j-, O2y 2% 8, od QCD $ V I ��I�II Illll IIII) III!! VIII llll� IIII III SDT 31.65 l�Ill Transferred Entered Certified Filed and /or recorded on: No Delinquent Taxes 1112(2012 4:55 PM CRV Not Required 3915000 Return to: Office of the County Recorder NORTH AMERICAN TITLE CO Washington County, Minnesota 5001 AMERICAN BLVD#<255 Jennifer Wagenius, County Recorder BLOOMINGTON MN 55437 Kevin Corbid, Auditor Treasurer (Top 3 Inches Reserved for Recording Data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Individual(s) Form 10.3.4 (2011) DEED TAX DUE: $ 1.65 DATE: September, 2012 FOR VALUABLE CONSIDERATION, U.S. Home Corporation, a corporation under the laws of Delaware, ( "Grantor"), hereby conveys and quitclaims to Donald L. Bialucha and Bonnie M. Bialucha, as husband and wife, ( "Grantee') real property in Washington County, Minnesota, legally described as follows: Lot 3, Block 3 of PINECLIFF 5TH ADDITION, according to the recorded Plat thereof, Check here if part or all of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed is being recorded to conform the legal descriptions of the land owned by Grantor and Grantee with the legal descriptions created by the recorded Plat of Pinecliff 5th Addition, THIS DEED TRANSFERS REAL PROPERTY IN EXCHANGE FOR $500 OR LESS OF CONSIDERATION. Check applicable box. ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described - real property have not changed since the last previously filed well disclosure certificate. Grantor U,S HOMration By: an une Its: Vp Vice President — Minnesota Land Division 9074116v2 NORTH AMERICAN TITLE COMPANY SOUTHGATE OFFICE PLAZA 5001 AMERICAN KkID. W., STE. 255 BLOOMINGTON, MN 55437 td%S1 - - Q - Page 1 of \\ON(IO M Page 2of2 Minnesota Uniform Conveyancing Blanks Form 10.3.4 State of Minnesota, County of HENNEPIN This instrument was acknowledged before me on September,, 2012, by Jonathan A. Aune, the Vice President— Minnesota Land Division of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. (Stamp) STEVEN B ACH Notary Public State of Minnesota My Commission Expires January 31, 2014 . THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Leonard, Street and Deinard P.A. (RLGIJDP) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 signature of notarial officer) Title (and Rank): Notary Public My commission expires: :� ( z �j (monti✓day /year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and residential orbusiness address of Grantee) Donald L. Bialucha and Bonnie M. Bialucha GY�L?,-- 9074116v2 Recelpt:# 204542 3915001 QCD $46.00 CON SOT $1.65 Transferred Entered Certified Piled and /or recorded on: No DelinquentTaxes 1112/20124:55 PM CRV Not Required 3915001 Return to: Office of the County Recorder NORTH AMERICAN TITLE CO Washington County, Minnesota i 5001 AMERICAN BLVD #255 Jennifer Wagenius, County Recorder BLOOMINGTON MN 55437 Kevin Corbid, Auditor Treasurer i OJ; X27 Zr. 1(. ,r7D6�' (Top 3 Inches Reserved for Recording Data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Individuals) Form 10.3.4 (2011) DEED TAX DUE: $ 1.65 DATE: September t@ 2012 FOR VALUABLE CONSIDERATION, U.S. Home Corporation, a corporation under the laws of Delaware, ( "Grantor"), hereby conveys and quitclaims to Donald L. Bialucha and Bonnie M. Bialucha, as husband and wife, ( "Grantee') real property in Washington County, Minnesota, legally described as follows; Lot 4, Block 3 of PINECLIFF 5TH ADDITION, according to the recorded Plat thereof, Check here if part or all of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed is being recorded to conform the legal descriptions of the land owned by Grantor and Grantee with the legal descriptions created by the recorded Plat of Pinecliff 5th Addition. THIS DEED TRANSFERS REAL PROPERTY IN EXCHANGE FOR $500 OR LESS OF CONSIDERATION. Check applicable box. ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor U.S HOME CORPORA' El Its: ,� V I Vice President — Minnesota Land Division NOWH Ati 2RiCA,4'1 TI a'L,E COMPANY SOUTHGATE OFFICE PLAZA 5001 AMERICAN BLVD. W., STE. 255 BLOOMINGTON, MN 554837 9074116v2 L 'V ( jD�Z ^�2 ^j�O��p��' Pagelof2 Page of Minnesota Uniform Conveyancing Blanks Form 10.3.4 State of Minnesota, County of HENNEPIN This instrument was acknowledged before me on September, 2012, by Jonathan A. Aune, the Vice President — Minnesota Land Division of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. (Stamp) v , STEVEN B ACH Notary Public State of Minnesota My Commission Expires Jenua 3.112014 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Leonard, Street and Deinard P.A. (RLGIJDP) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (signature of notarial officer) ° Title (and Rank): Notary Public My commission expires: Z —3t Z c � -V (month/day /year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and residential orbusiness address of Grantee) Donald L. Bialucha and Bonnie M. Bialucha (0 17Z 1 J-C-A � S . C-0 �-e. G ' ro cre , M " S S 6 t( 9074116v2 Receipt:# 204542 3915002 Or- 027. Z4. Jt , g.po,6e QCD $ V I Illill VIII VIII VIII VIII VIII VIII illl IIII DT $1.65 Transferred Entered Certified Filed andfor recorded on: No Delinquent Taxes 11/2/2012 4:55 PM CRV Not Required 3915002 Return to: Office ofthe County Recorder NORTH AMERICAN TITLE CO Washington County, Minnesota 5001 AMERICAN BLVD #255 Jennifer Wagenius, County Recorder BLOOMINGTON MN 55437 Kevin Corbid. Auditor Treasurer (Top 3 Inches Reserved for Recording Data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Individual(s) Form 10.3.4 (2011) DEED TAX DUE: $ 1.65 DATE: September � 2012 FOR VALUABLE CONSIDERATION, U.S. Home Corporation, a corporation under the laws of Delaware, ("Grantor"), hereby conveys and quitclaims to Donald L. Bialucha and Bonnie M. Bialucha, as husband and wife, ( "Grantee ") real property in Washington County, Minnesota, legally described as follows: Lot 5, Block 3 of PINECLIFF 5TH ADDITION, according to the recorded Plat thereof, Check here if part or all of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed is being recorded to conform the legal descriptions of the land owned by Grantor and Grantee with the legal descriptions created by the recorded Plat of Pinecliff 5th Addition. THIS DEED TRANSFERS REAL PROPERTY IN EXCHANGE FOR $500 OR LESS OF CONSIDERATION. Check applicable box. ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor U.S HOME By: corporation !k5n A. A —� l V I Vice President — Minnesota Land Division NORTH AMERICAN TITLE COMPANY SOUTHGATE OFFICE PLAZA 5001 AMERICAN EL %A). W., STE. 255 BLOOMINGTON, WiN 55437 Page 1 of 2 9074116v2 l'(ln� r' 6 t Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.4 State of Minnesota, County of HENNEPIN This instrument was acknowledged before me on September Vi 2012, by Jonathan A. Aune, the Vice President— Minnesota Land Division of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. (Stamp) q STEVEN B ACH Notary Public State of Minnesota My Commission Ex Tres J8nua% 31, 2014 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Leonard, Street and Deinard P.A. (RLGIJDP) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (signature ofnoterial officer) Title (and Rank): Notary Public ' My commission expires: 4 3 / '. 7�i l � (monthlday /year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee) Donald L. Bialucha and Bonnie M. Bialucha 9074116v2 From: johnbranderson @aol.com Sent: Wednesday, November 28, 2012 8:15 AM To: John McCool Subject: Pinecliff 5th Addition I am buying two lots from Don and Bonnie Bialucha in Pinecliff 5th Addition and I received the title work yesterday which included a copy of hte developers agreement. In there it references the resolutions for the development and all the conditions. Can I get a copy of the resolutions. They areResolution No. 047 -129 for the preliminary plat adn Resolution No. 2012 -048 for the final plat. Later on it references Resolution No. 05 -065 for the preliminary plat so not sure which number is correct. I am assuming one of those numbers is a typo. PDF copies is fine. I was also curious if the city has installed the trees they are responsible for. Do you know what the status of that is? HIM][ 0 John Anderson 612 - 598 -4987 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.s_ymanteceloud.com From: johnbranderson @aol.com Sent: Thursday, November 29, 2012 1:53 PM To: John McCool Subject: Re: City Resolutions I reviewed the two resolutions and have two questions on two conditions in Resolution No. 2012 -048 for the final plat. These are on numbers 14 and 65. My main concern is that building permits are available for lots 3 and 5 Block 3. thanks. John Anderson 612- 598 -4987 - - - -- Original Message---- - From: John McCool < imccool(a)-cottage- g rove. org To: 'johnbranderson @aol.com' < iohn bra ndersonCa.aol.com Sent: Wed, Nov 28, 2012 1:53 pm Subject: City Resolutions I don't know what the 047 -129 numbers represent. But I am attaching the resolution for the final plat for Pinecliff 5th and the preliminary plat for the Pinecliff Second Addition. The Pinecliff Second addition preliminary platted all the phases east of Hinton Avenue for Lennar Homes. John McCool, AICP Senior Planner 651- 458 -2874 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteceloud.com 1 From: John McCool Sent: Thursday, November 29, 2012 4:13 PM To: Joe Jablonski (Joe.Jablonski @lennar.com) Cc: johnbranderson @aol.com; bialucha @msn.com Subject: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Attachments: 20121129150650715.pdf Attached is an excerpt from Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition. Condition No. 14 of this resolution stipulates that the two existing properties (Shannon and Bialucha) are required to be part of the Homeowner's Association for Pinecliff 5th Addition. Don and Bonnie Bialucha are in the process of selling their two vacant parcels in the Pinecliff 5th Addition. The buyer (John Anderson) said that these two vacant parcels are not required to be part of the Pinecliff 5th Addition Homeowner's Association because of a letter from Jon Aune to Bialuchas stated that these lots will not be participants with the Pinecliff Homeowners Association. The buyer and Bialucha's have called the city about these parcels. I have told them that all the lots (newly platted parcels and the two existing lots) are required to be with the Homeowner's Association as a condition approving the final plat. Resolution No. 2012 -048 was recorded at the Washington County Recorder's office on June 28, 2012. Please share this message with Mr. Aune and call me at your earliest convenience. John McCool, AICP Senior Planner 651 - 458 -2874 Page 4 13, The Homeowner's Association for this phase of development must be part of the Homeowner's Association for the entire Pinecliff neighborhood. The Homeowner's Association is responsible for the maintenance of all vegetation and landscaping lying within the stormwater basins within the Pinecliff neighborhood. The City will rough out the vegetation within the stormwater basins twice per year if the Home- owner's Association does not maintain these areas. 14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part of the Homeowner's Association for the entire Pinecliff neighborhood. 15. The Developer pays a storm water area charge, This fee is due and payable at the time of executing the development agreement. 16. The Developer pays a waterworks area charge. This fee is due and payable at the time of executing the development agreement, 17. The Developer pays a sanitary sewer area charge. This fee is due and payable at the time of executing the development agreement. 18, The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and street light luminaries, This flee is due and payable at the time of executing the development agreement. 19. The developer shall pay the City $2,138.40 for street light utility and surcharge fee. This fee is due and payable at the time of executing the development agreement. 20, The developer agrees to pay a fee for initial sealcoating of streets in the subdivision, This fee shall be deposited In the City's street sealcoating fund upon execution of the development agreement, The City agrees to sealcoat the streets in the subdivision no later than two years after 24 houses within the subdivision have been constructed. 21. The Developer is responsibie for establishing the final grades, topsoil, and seed- ing of all the residential lots within Pinecliff 5th Addition. The City is responsible for planting 35 deciduous trees within the Pinecliff 5th Addition. The City will plant these trees as a yard tree shown in Exhibit "A" of the ,July 2, 2008 Settlement Agreement between the City and U.S, Home Corporation. The developer is re- sponsible for site restoration and seeding after the City completes the landscaping within Outlots A and B. 22, After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements If it is determined that the methods implemented are insufficient to properly control erosion. From: johnbranderson @aol.com Sent: Thursday, November 29, 2012 5:01 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Bialucha Homeowners Association Participation John - you mentioned to me on the phone that it is possible that condition number 14 in resolution No. 2012 -048 could be waived but it would take city council approval. You told me that the next meeting would be December 19. 1 may be wrong but is there not a meeting on Wednesday, December 5? To speed this process up could we not bring the change to the resolution to that meeting instead of December 19? 1 believe the Bialucha's, Lennar and myself are all in agreement that lots 3, 4 and 5, Block 3 should not have to be part of the association since Lennar and the Bialucha's signed an agreement stating this. I do not know for sure but I am assuming the Shannon's may feel the same way. If this is the case is there any reason we cannot simply add this item to the agenda on December 5 and amend the resolution and move forward? To me it seems like a fairly simple process. It is not uncommon to have neighborhoods where certain houses are excluded from the association, but you are right about the covenant requirements and neighbors complaing about things. However condition number 14 does not reference covenants, only the association, so technically the condition does not regulate covenants. Also the houses on lots 3 and 5, block 3 are not going to be built by Lennar but another builder so I am very leary of putting architectural control in the hands of the competitor. Let me know your thoughts on this. Thanks. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: John McCool < imccool(o)-cottage- g rove. org To: Joe Jablonski ( Joe.Jablonski(a�Iennancom ) < Joe.Jablonski(cr).lennar.com > Cc: johnbranderson < johnbranderson cQ- aol.com >; bialucha < bialucha(c-msn.com > Sent: Thu, Nov 29, 2012 4:13 pm Subject: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Attached is an excerpt from Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition. Condition No. 14 of this resolution stipulates that the two existing properties (Shannon and Bialucha) are required to be part of the Homeowner's Association for Pinecliff 5th Addition. Don and Bonnie Bialucha are in the process of selling their two vacant parcels in the Pinecliff 5th Addition. The buyer (John Anderson) said that these two vacant parcels are not required to be part of the Pinecliff 5th Addition Homeowner's Association because of a letter from Jon Aune to Bialuchas stated that these lots will not be participants with the Pinecliff Homeowners Association. The buyer and Bialucha's have called the city about these parcels. I have told them that all the lots (newly platted parcels and the two existing lots) are required to be with the Homeowner's Association as a condition approving the final plat. Resolution No. 2012 -048 was recorded at the Washington County Recorder's office on June 28, 2012. Please share this message with Mr. Aune and call me at your earliest convenience. John McCool, AICP Senior Planner 651- 458 -2874 This email has been scanned by the Symantec Email Security. cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com From: johnbranderson @aol.com Sent: Saturday, December 01, 2012 8:05 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Bialucha Homeowners Association Participation I did speak with Joe Jablonski of Lennar on Friday so hopefully we can all come to some solution. I will be talking more next week with them. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: John McCool <j mccool @cottag e-g rove. org > To: 'john brand erson @ aol.com' < johnbranderson@aol.com> Cc: Jennifer Levitt <jlevitt@cottage-g rove. org> Sent: Sat, Dec 1, 2012 6:46 pm Subject: RE: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Yes, there is a City Council meeting on December 5 but the agenda closed and the Council packets were delivered Friday, November 30 I'm not sure that Council will even support an amendment to exclude the six lots. To complete the packet to the City Council, we will want a written explanation from Lennar why they are not complying with the conditions of the resolution. We will want to discuss with Lennar before we can complete our memorandum to the City Council. They are going to want all the facts in order to take action on this matter. Placing this matter on the agenda without talking to Lennar and receiving their input is premature. This issue would not be placed on the City Council's Consent Agenda. John McCool, AICP Senior Planner 651 - 458 -2874 From: johnbranderson(o).aol.com [mailto:iohnbranderson(cr aol.com Sent: Thursday, November 29, 2012 5:01 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Bialucha Homeowners Association Participation John - you mentioned to me on the phone that it is possible that condition number 14 in resolution No. 2012 -048 could be waived but it would take city council approval. You told me that the next meeting would be December 19. 1 may be wrong but is there not a meeting on Wednesday, December 5? To speed this process up could we not bring the change to the resolution to that meeting instead of December 19? 1 believe the Bialucha's, Lennar and myself are all in agreement that lots 3, 4 and 5, Block 3 should not have to be part of the association since Lennar and the Bialucha's signed an agreement stating this. I do not know for sure but I am assuming the Shannon's may feel the same way. If this is the case is there any reason we cannot simply add this item to the agenda on December 5 and amend the resolution and move forward? To me it seems like a fairly simple process. It is not uncommon to have neighborhoods where certain houses are excluded from the association, but you are right about the covenant requirements and neighbors complaing about things. However condition number 14 does not reference covenants, only the association, so technically the condition does not regulate covenants. Also the houses on lots 3 and 5, block 3 are not going to be built by Lennar but another builder so I am very leary of putting architectural control in the hands of the competitor. Let me know your thoughts on this. Thanks. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: John McCool < jmccoolCab-cotta, grove.orq To: Joe Jablonski ( Joe.JablonskiCcD-lennar.com ) < Joe.Jablonski(c).lennar.com > Cc: johnbranderson < johnbranderson(a - )-aol.com >; bialucha < bialucha(a - )-msn.com > Sent: Thu, Nov 29, 2012 4:13 pm Subject: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Attached is an excerpt from Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition. Condition No. 14 of this resolution stipulates that the two existing properties (Shannon and Bialucha) are required to be part of the Homeowner's Association for Pinecliff 5th Addition. Don and Bonnie Bialucha are in the process of selling their two vacant parcels in the Pinecliff 5th Addition. The buyer (John Anderson) said that these two vacant parcels are not required to be part of the Pinecliff 5th Addition Homeowner's Association because of a letter from Jon Aune to Bialuchas stated that these lots will not be participants with the Pinecliff Homeowners Association. The buyer and Bialucha's have called the city about these parcels. I have told them that all the lots (newly platted parcels and the two existing lots) are required to be with the Homeowner's Association as a condition approving the final plat. Resolution No. 2012 -048 was recorded at the Washington County Recorder's office on June 28, 2012. Please share this message with Mr. Aune and call me at your earliest convenience. John McCool, AICP Senior Planner 651- 458 -2874 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com 6 From: John McCool Sent: Saturday, December 01, 2012 6:46 PM To: johnbranderson @aol.com' Cc: Jennifer Levitt Subject: RE: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Yes, there is a City Council meeting on December 5 but the agenda closed and the Council packets were delivered Friday, November 30 I'm not sure that Council will even support an amendment to exclude the six lots. To complete the packet to the City Council, we will want a written explanation from Lennar why they are not complying with the conditions of the resolution. We will want to discuss with Lennar before we can complete our memorandum to the City Council. They are going to want all the facts in order to take action on this matter. Placing this matter on the agenda without talking to Lennar and receiving their input is premature. This issue would not be placed on the City Council's Consent Agenda. ,jo WcCoof,, UCT Senior Phinner 651 -458 -2874 f�l w From: johnbranderson @aol.com F inailto:johnbranderson @ aol.com Sent: Thursday, November 29, 2012 5:01 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Bialucha Homeowners Association Participation John - you mentioned to me on the phone that it is possible that condition number 14 in resolution No. 2012 -048 could be waived but it would take city council approval. You told me that the next meeting would be December 19. 1 may be wrong but is there not a meeting on Wednesday, December 5? To speed this process up could we not bring the change to the resolution to that meeting instead of December 19? 1 believe the Bialucha's, Lennar and myself are all in agreement that lots 3, 4 and 5, Block 3 should not have to be part of the association since Lennar and the Bialucha's signed an agreement stating this. I do not know for sure but I am assuming the Shannon's may feel the same way. If this is the case is there any reason we cannot simply add this item to the agenda on December 5 and amend the resolution and move forward? To me it seems like a fairly simple process. It is not uncommon to have neighborhoods where certain houses are excluded from the association, but you are right about the covenant requirements and neighbors complaing about things. However condition number 14 does not reference covenants, only the association, so technically the condition does not regulate covenants. Also the houses on lots 3 and 5, block 3 are not going to be built by Lennar but another builder so I am very leary of putting architectural control in the hands of the competitor. Let me know your thoughts on this. Thanks. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: John McCool < imccool(a)-cottage- g rove. org To: Joe Jablonski ( Joe.Jablonski(a)Iennar.com ) < Joe.Jablonski(a)-lennar.com > Cc: johnbranderson < iohnbranderson(cD_aol.com >; bialucha < bialucha(d.)msn.com > Sent: Thu, Nov 29, 2012 4:13 pm Subject: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Attached is an excerpt from Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition. Condition No. 14 of this resolution stipulates that the two existing properties (Shannon and Bialucha) are required to be part of the Homeowner's Association for Pinecliff 5th Addition. Don and Bonnie Bialucha are in the process of selling their two vacant parcels in the Pinecliff 5th Addition. The buyer (John Anderson) said that these two vacant parcels are not required to be part of the Pinecliff 5th Addition Homeowner's Association because of a letter from Jon Aune to Bialuchas stated that these lots will not be participants with the Pinecliff Homeowners Association. The buyer and Bialucha's have called the city about these parcels. I have told them that all the lots (newly platted parcels and the two existing lots) are required to be with the Homeowner's Association as a condition approving the final plat. Resolution No. 2012 -048 was recorded at the Washington County Recorder's office on June 28, 2012. Please share this message with Mr. Aune and call me at your earliest convenience. John McCool, AICP Senior Planner 651- 458 -2874 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteecloud.com 2 From: johnbranderson @aol.com Sent: Tuesday, December 04, 2012 12:07 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Bialucha Homeowners Association Participation I wanted to get in touch with you and see if you have had a chance to talk to anyone at Lennar yet? I have spoke to Joe Jablonski a couple of times and would like to try to get this resolved so we can move foward with building on the two Bialucha lots. Call me. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: John McCool <j mccool@cottage-g rove. org> To: 'johnbranderson @ aol.com' <johnbranderson @ aol.com> Cc: Jennifer Levitt <j levitt@cottage-g rove. org > Sent: Sat, Dec 1, 2012 6:46 pm Subject: RE: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Yes, there is a City Council meeting on December 5 but the agenda closed and the Council packets were delivered Friday, November 30 I'm not sure that Council will even support an amendment to exclude the six lots. To complete the packet to the City Council, we will want a written explanation from Lennar why they are not complying with the conditions of the resolution. We will want to discuss with Lennar before we can complete our memorandum to the City Council. They are going to want all the facts in order to take action on this matter. Placing this matter on the agenda without talking to Lennar and receiving their input is premature. This issue would not be placed on the City Council's Consent Agenda. John McCool, AICP Senior Planner 651 - 458 -2874 Clo tta r6V From: johnbranderson(a)aol.com [mailto :john bra nderson(c,)aol.com Sent: Thursday, November 29, 2012 5:01 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Bialucha Homeowners Association Participation John - you mentioned to me on the phone that it is possible that condition number 14 in resolution No. 2012 -048 could be waived but it would take city council approval. You told me that the next meeting would be December 19. 1 may be wrong but is there not a meeting on Wednesday, December 5? To speed this process up could we not bring the change to the resolution to that meeting instead of December 19? 1 believe the Bialucha's, Lennar and myself are all in agreement that lots 3, 4 and 5, Block 3 should not have to be part of the association since Lennar and the Bialucha's signed an agreement stating this. I do not know for sure but I am assuming the Shannon's may feel the same way. If this is the case is there any reason we cannot simply add this item to the agenda on December 5 and amend the resolution and move forward? To me it seems like a fairly simple process. It is not uncommon to have neighborhoods where certain houses are excluded from the association, but you are right about the covenant requirements and neighbors complaing about things. However condition number 14 does not reference covenants, only the association, so technically the condition does not regulate covenants. Also the houses on lots 3 and 5, block 3 are not going to be built by Lennar but another builder so I am very leary of putting architectural control in the hands of the competitor. Let me know your thoughts on this. Thanks. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: John McCool < jmccoolC� cottage- g rove. org To: Joe Jablonski ( Joe.Jablonski(c)-lennar.com ) < Joe.JablonskiCab-lennar.com > Cc: johnbranderson < iohnbranderson(caol.com >; bialucha < bialucha(c- msn.com Sent: Thu, Nov 29, 2012 4:13 pm Subject: Pinecliff 5th Addition - Bialucha Homeowners Association Participation Attached is an excerpt from Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition. Condition No. 14 of this resolution stipulates that the two existing properties (Shannon and Bialucha) are required to be part of the Homeowner's Association for Pinecliff 5th Addition. Don and Bonnie Bialucha are in the process of selling their two vacant parcels in the Pinecliff 5th Addition. The buyer (John Anderson) said that these two vacant parcels are not required to be part of the Pinecliff 5th Addition Homeowner's Association because of a letter from Jon Aune to Bialuchas stated that these lots will not be participants with the Pinecliff Homeowners Association. The buyer and Bialucha's have called the city about these parcels. I have told them that all the lots (newly platted parcels and the two existing lots) are required to be with the Homeowner's Association as a condition approving the final plat. Resolution No. 2012 -048 was recorded at the Washington County Recorder's office on June 28, 2012. Please share this message with Mr. Aune and call me at your earliest convenience. John McCool, AICP Senior Planner 651- 458 -2874 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: /Iwww.symanteccloud.com 7 From: johnbranderson @aol.com Sent: Wednesday, December 05, 2012 9:16 AM To: John McCool Subject: Pinecliff 5th Addition How do I get a copy of the final plat for Pinecliff 5th Add. All I need is a pdf of the final plat. I assumed the City Engineer would have it but there is no contacts for the city engineer on your website. Can you either forward it to me or direct me to who can get it for me. Our surveyor needs it to get the lot staked for the ceritificate of survey for the building permit. Also if you have the grading plan and construction plans is that possible to be forwarded as well? By the way any word from Lennar on teh association issue? Thanks. John Anderson 612- 598 -4987 This email has been scanned by the Symantec Email Security. cloud service. For more information please visit http: / /www.sManteecloud.com John McCool From: John McCool Sent: Wednesday, December 12, 2012 6:02 PM To: Corrine Heine (cheine @kennedy - graven.com) Subject: Pinecliff 5th Addition Attachments: 20121212172240683.pdf Attached are the following documents: - Pinecliff 5th Addition Final Plat - City Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition (approved on May 16, 2012) - Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff (recorded date 11/2/2012) - Letter from Lennar Homes to Bonnie and Donald Bialucha dated June 7, 2012 Bialucha's were going to sell their two vacant parcels to John Anderson. One day before closing with Bialucha's, Anderson learned that the two vacant parcels are required to be part of the Homeowner's Association for the Pinecliff neighborhood. Anderson did not want to part of the HOA nor did he want to have to pay the Association fees. Bialucha's called me to report that Lennar had provided them with a letter and Schedule A attachment that said their property and the two vacant lots will not be in the Pinecliff HOA. This is inconsistent to Condition No. 14 in Resolution No. 2012 -048. Bialucha's said that nobody has ever told them that the City was requiring their properties to be part of the HOA. Bialucha's want the City to put a STOP work order on all of the houses Lennar is constructing until this issue is resolved. Bialuchas want to be on the December 19 City Council agenda for purposes of removing Condition No. 14 from Resolution No. 2012 -048. Lennar Home has proposed to John Anderson that the two vacant lots be included in the HOA, but Association dues are not required to be paid. I've asked for a copy of the document stating this and a copy of the Supplemental Declaration amendment that also states this arrangement. A problem still exists for the two existing homestead sites ( Bialucha and Shannon) regarding the requirement that their homesteaded properties must be part of the HOA. Neither property owner wants to be part of the HOA or, pay dues. Are there any options you can think of? I assume the City can require that all the properties be part of the HOA. Lennar has not return my phone calls to find out why they included a statement in their June 7, 2012 letter that Bialucha's are not required to be part of the HOA when Resolution NO. 2012 -048 stipulated otherwise. John McCool, AICP Senior Planner 651 - 458 -2874 From: johnbranderson @aol.com Sent: Thursday, December 13, 2012 11:10 AM To: John McCool Subject: Re: Pinecliff 5th Addition - Homeowners Association Attachments: Declaration Pinecliff Recorded 12- 6- 05.pdf You also need to include the original declaration recorded in 2005. This is where the actual association requirements are drafted. This is the most important document of the bunch. I attached a copy for you. John Anderson Miles Realty 612- 598 -4987 - - - -- Original Message---- - From: John McCool < imccool(aD-cottage- g rove. org To: Joe Jablonski ( Joe. Jab lonski (a )Iennar.com < Joe.Jablonski(aD-lennar.com >; 'jon.aune @lennar.com' < ion.aune(a - )Iennar.com >; bialucha < bialucha(a_msn.com >; johnbranderson < johnbranderson(c�aol.com > Sent: Thu, Dec 13, 2012 11:03 am Subject: Pinecliff 5th Addition - Homeowners Association The Cottage Grove City Council has been requested to amend city Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5 Addition for purposes of deleting condition No. 14 from said Resolution. This Resolution was adopted on May 16, 2012. This matter has tentatively been scheduled for the City Council meeting on January 2, 2012. In preparation of this Council meeting, a copy of U.S. Home Corporation's letter dated June 7, 2012 to Don and Bonnie Bialucha, a copy of City Resolution No. 2012 -048, a copy of the final plat for Pinecliff 5 Addition, and the Supplemental Declaration of Covenants, Conditions, and Restrictions for Pinecliff as recorded with Washington County on June 28, 2012 will be distributed to the City Council. The City Council will be informed that the Declaration of Covenant document excludes the three parcels owned by Bialuchas and three lots owned by Shannons; therefore is non - compliant with Condition No. 14 in Resolution No. 2012 -048. Any information or responses to this matter you want distributed to the City Council in advance of their meeting must be submitted to my attention no later than Thursday, December 27, 2012. The City is not concern whether or not an owner of any parcel is required to pay a homeowners association fee, but the Declaration of Covenants must be changed so that all the parcels within the Pinecliff 5 Addition are party to the same Declaration of Covenants. If you want this changed, it is your responsibility to provide a written explanation for the Council's consideration with your attendance at the January 2, 2012 Council meeting to answer questions they might ask. The City wants this matter resolved in a timely manner and do not want the issuance of any building permit delayed for any lot within the Pinecliff neighborhood. Your cooperation in resolving these issues before the end of the 2012 year will greatly be appreciated. If unresolved before the end of this year, then your attendance and explanation to the City Council will be scheduled for January 2. If you have questions, I can be reached at the phone number listed below. John McCool, AICP Senior Planner 651 - 458 -2874 cotulge. Gro v a7Yl'Iec-6 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com From: johnbranderson @aol.com Sent: Thursday, December 13, 2012 2:02 PM To: John McCool; Joe.Jablonski @lennar.com; jon.aune @lennar.com; bialucha @msn.com Subject: Re: Pinecliff 5th Addition - Homeowners Association Attachments: Letter_to_City_12- 13- 12.pdf At this time I have asked the City, in a the letter attached, to bring this item before the City Council on December 19, 2012. It is important to get this issue resolved prior to the end of the year rather than in 2013. In the letter it states that after discussing this with the Bialucha's we are requesting that condition number 14 of Resolution 2012 -048 be amended or deleted to exclude lots 3, 4 & 5 Block 3 Pinecliff 5th Addition from the Pinecliff Association. I am still open to the idea of annexing lots 3 & 5 into the association but due to timing with the end of the year coming up and the slow response I am requesting this go before the City Council at the next meeting. If we can come to agreement with US Homes on this and have the documents signed and recorded prior to the December 19th meeting we can remove lots 3 & 5 from the agenda. I would also provide a letter to the City that can be placed in the file and attached to the building permits for those two lots explaing the situation. I am ok with the declaration documents other than 3 items. The first is that the lots would be exempt from paying the yearly dues. The second would be to have some language stating that the $100 plan review fee would not apply to these lots. The third is the architectural review of the initial home construction would not apply to these lots. I can submit the first house plan we plan on building on lot 5 but we do not know for sure what the second plan would be. The first plan is a 2 -story with 2,344 square feet on the upper two floors and would fit into the neighborhood. I expect the second house to be either a 2 -story or rambler similar to the existing houses. If somebody from US Homes would contact me as soon as possible to discuss that would be great. John Anderson MJ Investment, LLC 612- 598 -4987 - - - -- Original Message---- - From: John McCool < jmccool(c)-cottage- g rove. org To: Joe Jablonski ( Joe.JablonskiQlennar.com ) < Joe.Jablonski(a - ,)lennar.com >; 'jon.aune @lennar.com' < ion.aune(@Iennar.com >; bialucha < bialucha(@r�.msn.com >; johnbranderson < iohnbranderson(@_aol.com > Sent: Thu, Dec 13, 2012 11:03 am Subject: Pinecliff 5th Addition - Homeowners Association The Cottage Grove City Council has been requested to amend city Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5 Addition for purposes of deleting condition No. 14 from said Resolution. This Resolution was adopted on May 16, 2012. This matter has tentatively been scheduled for the City Council meeting on January 2, 2012. In preparation of this Council meeting, a copy of U.S. Home Corporation's letter dated June 7, 2012 to Don and Bonnie Bialucha, a copy of City Resolution No. 2012 -048, a copy of the final plat for Pinecliff 5 Addition, and the Supplemental Declaration of Covenants, Conditions, and Restrictions for Pinecliff as recorded with Washington County on June 28, 2012 will be distributed to the City Council. The City Council will be informed that the Declaration of Covenant document excludes the three parcels owned by Bialuchas and three lots owned by Shannons; therefore is non - compliant with Condition No. 14 in Resolution No. 2012 -048. Any information or responses to this matter you want distributed to the City Council in advance of their meeting must be submitted to my attention no later than Thursday, December 27, 2012. The City is not concern whether or not an owner of any parcel is required to pay a homeowners association fee, but the Declaration of Covenants must be changed so that all the parcels within the Pinecliff 5 Addition are party to the same Declaration of Covenants. If you want this changed, it is your responsibility to provide a written explanation for the Council's consideration with your attendance at the January 2, 2012 Council meeting to answer questions they might ask. The City wants this matter resolved in a timely manner and do not want the issuance of any building permit delayed for any lot within the Pinecliff neighborhood. Your cooperation in resolving these issues before the end of the 2012 year will greatly be appreciated. If unresolved before the end of this year, then your attendance and explanation to the City Council will be scheduled for January 2. If you have questions, I can be reached at the phone number listed below. John McCool, AICP Senior Planner 651- 458 -2874 - comige Grove 0" Pam This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com December 13, 2012 City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 RE: Pinecliff 5th Addition Dear Mayor Bailey and City Council Members: On behalf of Donald and Bonnie Bialucha and myself, I am requesting the requirement that Lots 3, 4 & 5, Block 3, Pinecliff 5th Addition be included in the Pinecliff Homeowners' Association (HOA), be placed on the City Council agenda for December 19, 2012 for discussion so that the requirement can be amended or deleted. As President and Chief Manager of MJ Investment, LLC, I have entered into an agreement to purchase Lots 3 & 5, Block 3, Pinecliff 5th Addition from Donald and Bonnie Bialucha, the owners of the property. Lot 4 is Donald and Bonnie Bialucha's existing residence, which they plan to continue to live in. The original projected closing date for lots 3 & 5 was suppose to be November 30, 2012 and prior to the closing date I had a conversation with Senior Planner, John McCool in regards to building permit availability on the lots. I was told that until condition number 14 of City Resolution No. 2012 -048, approving the final plat of Pinecliff 5th Addition, (approved on May 16, 2012) was satisfied, building permits would not be available on lots 3 & 5. Condition number 14 states the following: 14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part of the Homeowner's Association for the entire lWel ff neighborhood. One point I would like to make is that condition number 14 does not address lots 3 & 5, block 3, but rather the two existing residential properties at 6120 and 6240 Ideal Avenue. These are two existing residences that existed prior to the development of Pinecliff 5th Addition. I could not find anywhere else within Resolution 2012 -048 or within the developers agreement for Pinecliff 5th Addition that lots 3 & 5 were to be part of the HOA. I was told by Mr. McCool that it was expected that all lots in Pinecliff were to be part of the HOA. Secondly, if the Bialucha's existing residence is to be included as part of the HOA, their existing residence would now have to meet the requirements of the Declaration of Covenants, Conditions and Restrictions (Covenants) and anytime they would like to make an improvement to their property, such as landscaping, color change, the construction or external alteration of any building, enclosure, fence, addition, deck, patio, wall window, exterior door, sign, display, decoration, shrubbery, or other structure, they shall first submit a site plan and plans and specifications in conformance with the requirements of the permit and, including as applicable, in the sole discretion of the Architectural Control Committee (Committee), engineering and landscape plans for the written approval of the Committee. The Committee shall also be entitled to charge, and the Bialucha's shall pay, a fee of $100.00 for each set of plans submitted for approval which will not be refunded whether or not the plans are ultimately approved. To me it seems unfair that the Bialucha's, who lived in this house and owned the land prior to the development of Pinecliff, now have to be part of the HOA that was developed for the future residences to be constructed and not necessarily for the two existing residences. As I negotiated the purchase of Lots 3 & 5 with the Bialucha's, I was provided a copy of an agreement between the Bialucha's and U.S. Home Corporation dated June 7, 2012. This agreement was signed by Jonathan A. Aune of U.S. Home Corporation and the Bialucha's. In that agreement it states that the Bialucha's homestead and two retained lots (lots 3 & 5) will not be in the Pinecliff HOA, will not have to abide to the rules and regulations and will not be required to pay HOA dues. When the lots or homestead property is sold they will not be part of the HOA for the new owners. According to this agreement both the Bialucha's and U.S. Home Corporation agreed and went forward with the understanding that Lots 3, 4 & 5, Block 3, Pinecliff 5th Addition would not be included in the HOA. When I entered into the agreement to purchase lots 3 & 5 from the Bialucha's, I was also in agreement that these lots were not to be included in the HOA. To verify this I reviewed a copy of the recorded Supplemental Declaration of Covenants, Conditions and Restriction for Pinecliff annexing certain properties in Pinecliff 5th Addition into the HOA and Lots 3, 4 & 5, Block 3, Pinecliff 5th Addition were not included in the document. It was not until looking at Resolution 2012 -048 and my conversation with Mr. McCool that I realized there was an issue. In order to resolve the situation and allow the City to release building permits on lots 3 & 5, I have been told by Mr. McCool that U.S. Home Corporation would have to send a letter to the .City addressing the situation by explaining why Lots 3, 4 & 5 were not included in the HOA or lots 3 & 5 would need to annexed into the HOA. This was discussed the first week in December and that it would be possible to have this item placed on the City Council agenda on December 19, 2012. As of December 13 the City has not received a letter from U.S. Home Corporation and I have not been able to get in contact with U.S. Home Corporation in regards to finalizing any sort of agreement allowing lots 3 & 5 to be annexed to the HOA. Since there has been no response from U.S. Home Corporation, I was told by Mr. McCool that in order to come before the City Council we would now have to move this item to January 2, 2013 to allow for a response from U.S. Home Corporation.. The reason why I am requesting this be brought before the City Council on December 19, 2012 is to keep the process moving and resolve the issues prior to the end of the year. At this time there are two ways to resolve the issue. The first would be to amend or delete condition number 14 of Resolution 2012 -048 to exclude lots 3, 4 & 5 from the HOA. The second would be to come to an agreement with U.S. Home Corporation to annex lots 3, 4 & 5 into the HOA and send the City a letter explaining the situation. Due to time constraints and a lack of response from U.S. Home Corporation, I can no longer wait for the second option and am asking that condition number 14 in Resolution 2012- 048 be amended or deleted, allowing Lots 3, 4 & 5, Bloch 3, Pinecliff 5th Addition to be excluded from the HOA. At this point there is a willing seller and a willing buyer for lots 3 & 5, but until the City releases building permits for these two lots the transaction cannot happen. I question why the only lots that building permits are being withheld froze are lots 3 & 5, which are owned by the Bialucha's. The Bialucha's have no legal authority to be annexed into the HOA without U.S. Home Corporation's consent and therefore no way to resolve the issue other than coming to the City Council to try to amend the resolution. Thank you for your time. Sincerely, a — /4 �'� ohn Anderson President and Chief Manager MJ Investment, LLC From: johnbranderson @aol.com Sent: Thursday, December 13, 2012 2:43 PM To: Joe.Jablonski @lennar.com Cc: bialucha @msn.com; John McCool; jon.aune @lennar.com Subject: Re: Pinecliff 5th Addition - Homeowners Association Attachments: San_ Francisco _Garage_Right_Elevations.pdf When will the document for including the lots in the association be ready for review and recording? We still need that be finalized. I am assuming it will be a supplement to the Declaration like you have done in the past. It is my understanding this needs to be finalized and recorded prior to the release of building permits. I also have a couple of questions. Who is the Arch review and what guidelines are they using to review the plans. I have submitted the elevations of the first house we will be building on Lot 5 so you can see what we are planning. The rear elevation shows a lookout but it will be a walkout. I do not know what the second house will be at this time. I am a little worried about agreeing to an arch review when there is no specifics in place as to what type of house it needs to be and what architectural criteria are used. I have been involved in arch review battles in the past and they are not fun. If it is in the eye of the beholder that can lead to disagreements and delays. I would also like to know if it is possible to wiave the $100 plan check fee in the Supplemental document. I know you said you do not charge them so I thought we could put that in writing. The concern is that if it is there it can be charged, even if it was said they do not get charged. John Anderson MJ Investment, LLC 612 - 598 -4987 - - - -- Original Message---- - From: Joe Jablonski <Joe.Jablonski @lennar.com> To: johnbranderson < johnbranderson @aol.com> Cc: bialucha <bialucha @msn.com >; jmccool <j mccool@cottage-g rove. org >; jon.aune <jon.aune @lennar.com> Sent: Thu, Dec 13, 2012 2:23 pm Subject: Re: Pinecliff 5th Addition - Homeowners Association Attached is a letter relating to the request to exclude the homestead properties (Lot 4; Blk 3 and Lot 5: Blk 5) from the HOA. The remaining (adjacent parcels L3 and 1-5; Blk 3 and L4 and 1-6; Blk 5) will be included into the HOA but will not be subject to dues. Those parcels will not be given voting rights and will not be allowed to use common area (HOA facilities). The adjacent parcels will be subject to the Architectural guidelines of the community. Any initial house plans or exterior improvements (including landscape, decks, fences, etc.) will be subject to Architectural Control Committee approval. No applicable guidelines will be waived or altered for the adjacent lots. Unfortunately, due to prior commitments, a representative from Lennar will not be able to attend the December 19th meeting. Our position is to move foreword under the direction of the City Council. Feel free to contact Mr. Aune or myself if you have questions. 1 attachment (See attached file: 20121213135409140.pdo 12 6 0 tA Joe Jablonski Land Dev Area Mgr Lennar joe.jablonski @lennar.com www.lennar.com Office: 952 - 249 -3014 Fax: 952-249-3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e -mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. ° 'john brand erson - -- 12/13/2012 02:01:43 PM - - -At this time I have asked the City, in a the letter attached, to bring this item before the City Cou From: iohnbranderson(a)-aol.com To: jmccool(a),cottage- g rove. orq Joe. Jablonski(a)-lennar.com ion. aune(o)-lennar.com bialucha(a-)msn.com Date: 12/13/2012 02:01 PM Subject: Re: Pinecliff 5th Addition - Homeowners Association At this time I have asked the City, in a the letter attached, to bring this item before the City Council on December 19, 2012. It is important to get this issue resolved prior to the end of the year rather than in 2013. In the letter it states that after discussing this with the Bialucha's we are requesting that condition number 14 of Resolution 2012 -048 be amended or deleted to exclude lots 3, 4 & 5 Block 3 Pinecliff 5th Addition from the Pinecliff Association. I am still open to - the idea of annexing lots 3 & 5 into the association but due to timing with the end of the year coming up and the slow response I am requesting this go before the City Council at the next meeting. If we can come to agreement with US Homes on this and have the documents signed and recorded prior to the December 19th meeting we can remove lots 3 & 5 from the agenda. I would also provide a letter to the City that can be placed in the file and attached to the building permits for those two lots explaing the situation. am ok with the declaration documents other than 3 items. The first is that the lots would be exempt from paying the yearly dues. The second would be to have some language stating that the $100 plan review fee would not apply to these lots. The third is the architectural review of the initial home construction would not apply to these lots. I can submit the first house plan we plan on building on lot 5 but we do not know for sure what the second plan would be. The first plan is a 2- story with 2,344 square feet on the upper two floors and would fit into the neighborhood. I expect the second house to be either a 2 -story or rambler similar to the existing houses. If somebody from US Homes would contact me as soon as possible to discuss that would be great. John Anderson MJ Investment, LLC 612- 598 -4987 - - - -- Original Message---- - From: John McCool < jmccool @cottage- g rove. org To: Joe Jablonski ( Joe.Jablonski(a),lennar.com ) < Joe.Jablonski(a - )-lennar.com >; ' lon.aune(c.lennar.com ' < ion.aune(D_Iennar.com >; bialucha < bialucha(a)_msn.com >; johnbranderson < iohnbranderson(a),aol.com > Sent: Thu, Dec 13, 2012 11:03 am Subject: Pinecliff 5th Addition - Homeowners Association The Cottage Grove City Council has been requested to amend city Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5th Addition for purposes of deleting condition No. 14 from said Resolution. This Resolution was adopted on May 16, 2012. This matter has tentatively been scheduled for the City Council meeting on January 2, 2012. In preparation of this Council meeting, a copy of U.S. Home Corporation's letter dated June 7, 2012 to Don and Bonnie Bialucha, a copy of City Resolution No. 2012 -048, a copy of the final plat for Pinecliff 5 Addition, and the Supplemental Declaration of Covenants, Conditions, and Restrictions for Pinecliff as recorded with Washington County on June 28, 2012 will be distributed to the City Council. The City Council will be informed that the Declaration of Covenant document excludes the three parcels owned by Bialuchas and three lots owned by Shannons; therefore is non - compliant with Condition No. 14 in Resolution No. 2012 -048. Any information or responses to this matter you want distributed to the City Council in advance of their meeting must be submitted to my attention no later than Thursday, December 27, 2012. The City is not concern whether or not an owner of any parcel is required to pay a homeowners association fee, but the Declaration of Covenants must be changed so that all the parcels within the Pinecliff 5 Addition are party to the same Declaration of Covenants. If you want this changed, it is your responsibility to provide a written explanation for the Council's consideration with your attendance at the January 2, 2012 Council meeting to answer questions they might ask The City wants this matter resolved in a timely manner and do not want the issuance of any building permit delayed for any lot within the Pinecliff neighborhood. Your cooperation in resolving these issues before the end of the 2012 year will greatly be appreciated. If unresolved before the end of this year, then your attendance and explanation to the City Council will be scheduled for January 2. If you have questions, I can be reached at the phone number listed below. John McCool, AICP Senior Planner 651 - 458 -2874 Cottage Grove This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com [attachment "Letter to_City_12- 13- 12.pdf' deleted by Joe JablonskiNVAYZATA/CENT /Lennar] J d 4 I -'- Ill l o-•! II I�; _ , �� Uilllill.,�lilil.I ��W � Q ' i �r • II n' I I 1 11 ull W� V LL W , , �� i a.a . II Iii �; � at e YM�� � (. Y ! 5 Fg From: johnbranderson @aol.com Sent: Thursday, December 13, 2012 2:55 PM To: John McCool Subject: Re: Pinecliff 5th Addition - Homeowners Association I was looking at something in the development agreement for Pinecliff 5th Add and under Exhibit F is the agreement that the Bialucha's and US Home Corporation signed. This is the agreement that states the lots do not need to be part of the association. However Schedule A to that agreement is not attached where it has that language. Just curious but what takes precedent the resolution or the development agreement? It seems like they conflict with one another on that condition. John Anderson Miles Realty 612- 598 -4987 - - - -- Original Message---- - From: John McCool < jmccool(@-cottage- g rove. org To: Joe Jablonski ( Joe.JablonskiCa)-lennar.com ) < Joe.Jablonski(o)_lennar.com >; 'jon.aune @lennar.com' < jon.aunea_lennar.com >; bialucha < bialucha(q - )_msn.com >; johnbranderson < iohnbranderson(@),aol.com > Sent: Thu, Dec 13, 2012 11:03 am Subject: Pinecliff 5th Addition - Homeowners Association The Cottage Grove City Council has been requested to amend city Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5 Addition for purposes of deleting condition No. 14 from said Resolution. This Resolution was adopted on May 16, 2012. This matter has tentatively been scheduled for the City Council meeting on January 2, 2012. In preparation of this Council meeting, a copy of U.S. Home Corporation's letter dated June 7, 2012 to Don and Bonnie Bialucha, a copy of City Resolution No. 2012 -048, a copy of the final plat for Pinecliff 5 th Addition, and the Supplemental Declaration of Covenants, Conditions, and Restrictions for Pinecliff as recorded with Washington County on June 28, 2012 will be distributed to the City Council. The City Council will be informed that the Declaration of Covenant document excludes the three parcels owned by Bialuchas and three lots owned by Shannons; therefore is non - compliant with Condition No. 14 in Resolution No. 2012 -048. Any information or responses to this matter you want distributed to the City Council in advance of their meeting must be submitted to my attention no later than Thursday, December 27, 2012. The City is not concern whether or not an owner of any parcel is required to pay a homeowners association fee, but the Declaration of Covenants must be changed so that all the parcels within the Pinecliff 5 th Addition are party to the same Declaration of Covenants. If you want this changed, it is your responsibility to provide a written explanation for the Council's consideration with your attendance at the January 2, 2012 Council meeting to answer questions they might ask. The City wants this matter resolved in a timely manner and do not want the issuance of any building permit delayed for any lot within the Pinecliff neighborhood. Your cooperation in resolving these issues before the end of the 2012 year will greatly be appreciated. If unresolved before the end of this year, then your attendance and explanation to the City Council will be scheduled for January 2. If you have questions, I can be reached at the phone number listed below. John McCool, AICP Senior Planner 651 - 458 -2874 - -. Cottage Grove This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com L E N N A M December I'D, 2012 City of Cottage Grove 12oo00 Ravine Parl <way South, Cottage Grove, TAT 55010' Dear Honorable Mayor and members of the Council; The purpose of this letter is to request your consideration to inodify condition X14 of the approval resolution (No. 2012 -048") relatin to Pinecliff 5th .Addition. The condition obligates all of the homesites wvitbin the 5 addition to be included in the Pinecliff Homeowners Association. There are two existing homes, currently owned by the Bialucha's and Shaw on's that have .requested exclusion from the .140A. Even though each of the homes are located within the physical boundary of the Pinecliff neighborliood, both were constricted in the 1930's and have unique circumstances that warrants careful thought For this request. Lennar supports this request and would dike the City to approve the same. I appreciate your consideration and look foreword to your support. If you have questions or concerns .feel free to contact me at (952) 249 -3000. Sindere ;j*' e J blonslci Development Area Manager Lennar Corporation CC: Donald. and Bonnde Bial ucha Toni and Cheri Shannon John Anderson Jon Aune 16305 36M Ave ill Sur e 600 DEC272012 Plyn o uth, 1VIN 55/J.-46-4270 From: johnbranderson @aol.com Sent: Friday, December 14, 2012 3:09 PM To: John McCool Subject: Re: Building Permits - I believe a building permit has already been submitted to the City for review. Lennar's email message does not say the two existing houses will be part of the homeowners association. (lot 4, block 3 and lot 5 block 5) Instead it says they attached a letter to exclude the homestead properties from the HOA. Their letter to the city also states they will support those properties not being part of the HOA This is different than what you are saying below that the homestead properties will be part of the HOA. Is this going to be a problem for the vacant lots? John Anderson 612- 598 -4987 - - - -- Original Message---- - From: John McCool < jmccooW( cottage- g rove. org To: johnbranderson < john bran derson(Daol.com Cc: Joe Jablonski ( Joe. Jablonski(d)-lennar.com < Joe.Jablonski(a)lennar.com >; jon.aune < ion.aunealennar.com >; bialucha < bialucha(a),msn.com > Sent: Fri, Dec 14, 2012 2:54 pm Subject: Building Permits - Based on Lennar's email message to you dated December 13, 2012 regarding the preparation and recording a supplement to the Homeowners Declaration of Covenants, Conditions and Restrictions for Pinecliff to show that the six lots (Lots 3 -5, Block 3 and Lots 4 -6, Block 5) will be part of the Pinecliff community, the City of Cottage Grove will issue a building permit once a building permit application has been completed, submitted to the Building Inspections Division for reviewed. If they receive all the required information and find the plans compliant with building code regulations, they will be prepared to issue the permit. As I explained to you this morning, Mr. Jablonski said their review of your building plans should take 1 -2 days once they have received all the information from you that they have requested. Lennar Homes did indicate that your first building plan "looks like it will fit into the neighborhood without a problem ". The City and Lennar Home understand the urgency for you to close on this real estate transaction before the end of the 2012 calendar year. Lennar's commitment to execute the recording of the supplement by December 19, 2012 and approving your construction plans within a couple days after you have provided them the additional information they've requested should hopefully not delay your plans to close with the Bialuchas. If you need a building permit application, let me know and I'll send the application to you via email . John McCool, AICP Senior Planner 651 - 458 -2874 Iron Sit &' 0",!iV main This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com From: johnbranderson @aol.com Sent: Friday, December 14, 2012 4:42 PM To: Joe.Jablonski @lennar.com Cc: bialucha @msn.com; John McCool;jon.aune@lennar.com Subject: Re: Pinecliff 5th Addition - Homeowners Association Attachments: San Francisco Garage Right Elevations.pdf The building materials for the house plan we submitted earlier this week are going to be vinyl on the sides and rear and LP Smart on the front. There will also be some brick on the garage columns and on the pillars on the front porch. Let me know if there is anything else you need on this house. I did attach it again for you. Thanks. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: Joe Jablonski <Joe.Jablonski @lennar.com> To: johnbranderson <johnbranderson @ aol.com> Cc: bialucha <bialucha @msn.com >; jmccool <j mccool@cottage-g rove. org >; jon.aune <jon.aune @lennar.com> Sent: Thu, Dec 13, 2012 3:13 pm Subject: Re: Pinecliff 5th Addition - Homeowners Association Our legal council has started preparing the supplement. We will have it executed prior to the Council meeting. The ACC is currently controlled by Lennar. As a builder, we understand your concern regarding the potential subjectivity of reviews. Our intention will be to maintain and preserve the values of existing residents and the integrity of the community. Your first plan looks like it will fit into the neighborhood without a problem. It would be helpful for you to add some notes relating to proposed materials. Hand written notes would be fine. We will not amend language in the HOA documents relating to the $100 fee. However, by this email you are assured that you will not be charged for review of initial plans so long as Lennar controls the ACC (Lennar reserves the right to control the ACC until our last home is closed). If ACC is transitioned to homeowners prior to your plan submission you will be subject to the ACC guidelines at that time. Hopefully this answers your questions. Let me know if you need anything else. LENN/ ICI e Joe Jablonski Land Dev Area Mgr Lennar joe.jablonskiCsllennar.com www.lennar.com Office: 952 - 249 -3014 Fax: 952 - 249 -3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e -mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. johnbranderson --- 12/13/2012 02:43:17 PM- - -When will the document for including the lots in the association be ready for review and recording? From: lohn brand ersonna aol.com To: Joe.JablonskiCa)-lennar.com Cc: bialuchaO-msn.com jmccool(o)-cottage- g rove. org ion.aune @lennar.com Date: 12/13/2012 02:43 PM Subject: Re: Pinecliff 5th Addition - Homeowners Association When will the document for including the lots in the association be ready for review and recording? We still need that be finalized. I am assuming it will be a supplement to the Declaration like you have done in the past. It is my understanding this needs to be finalized and recorded prior to the release of building permits. I also have a couple of questions. Who is the Arch review and what guidelines are they using to review the plans. I have submitted the elevations of the first house we will be building on Lot 5 so you can see what we are planning. The rear elevation shows a lookout but it will be a walkout. I do not know what the second house will be at this time. I am a little worried about agreeing to an arch review when there is no specifics in place as to what type of house it needs to be and what architectural criteria are used. I have been involved in arch review battles in the past and they are not fun. If it is in the eye of the beholder that can lead to disagreements and delays. I would also like to know if it is possible to wiave the $100 plan check fee in the Supplemental document. I know you said you do not charge them so I thought we could put that in writing. The concern is that if it is there it can be charged, even if it was said they do not get charged. John Anderson MJ Investment, LLC 612- 598 -4987 - - - -- Original Message---- - From: Joe Jablonski < Joe.JablonskiC�lennar.com > To: johnbranderson < johnbranderson(c)-aol.com > Cc: bialucha < bialucha(a)-msn.com >; jmccool < jmccool a�cottage grove.org >; jon.aune < jon.auneCa)-lennar.com > Sent: Thu, Dec 13, 2012 2:23 pm Subject: Re: Pinecliff 5th Addition - Homeowners Association Attached is a letter relating to the request to exclude the homestead properties (Lot 4; Blk 3 and Lot 5: Blk 5) from the HOA. The remaining (adjacent parcels L3 and 1-5; Blk 3 and L4 and 1-6; Blk 5) will be included into the HOA but will not be subject to dues. Those parcels will not be given voting rights and will not be allowed to use common area (HOA facilities). The adjacent parcels will be subject to the Architectural guidelines of the community. Any initial house plans or exterior improvements (including landscape, decks, fences, etc.) will be subject to Architectural Control Committee approval. No applicable guidelines will be waived or altered for the adjacent lots. Unfortunately, due to prior commitments, a representative from Lennar will not be able to attend the December 19th meeting. Our position is to move foreword under the direction of the City Council. Feel free to contact Mr. Aune or myself if you have questions. 1 attachment (See attached file: 20121213135409140.pdo LEN' N A FT Joe Jablonski Land Dev Area Mgr Lennar joe.jablonski @lennar.com www.lennar.com Office: 952 - 249 -3014 Fax: 952-249-3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e -mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. ` `johnbranderson --- 12/13/2012 02:01:43 PM - - -At this time I have asked the City, in a the letter attached, to bring this item before the City Cou From: iohnbranderson(aaol.com To: jmccool(a cottage- grove.org Joe. Jablonski(olennar.com ion.aune(d,)lennar.com bialucha( rnsn.com Date: 12/13/2012 02:01 PM Subject: Re: Pinecliff 5th Addition - Homeowners Association At this time I have asked the City, in a the letter attached, to bring this item before the City Council on December 19, 2012. It is important to get this issue resolved prior to the end of the year rather than in 2013. In the letter it states that after discussing this with the Bialucha's we are requesting that condition number 14 of Resolution 2012 -048 be amended or deleted to exclude lots 3, 4 & 5 Block 3 Pinecliff 5th Addition from the Pinecliff Association. I am still open to the idea of annexing lots 3 & 5 into the association but due to timing with the end of the year coming up and the slow response I am requesting this go before the City Council at the next meeting. If we can come to agreement with US Homes on this and have the documents signed and recorded prior to the December 19th meeting we can remove lots 3 & 5 from the agenda. I would also provide a letter to the City that can be placed in the file and attached to the building permits for those two lots explaing the situation. I am ok with the declaration documents other than 3 items. The first is that the lots would be exempt from paying the yearly dues. The second would be to have some language stating that the $100 plan review fee would not apply to these lots. The third is the architectural review of the initial home construction would not apply to these lots. I can submit the first house plan we plan on building on lot 5 but we do not know for sure what the second plan would be. The first plan is a 2- story with 2,344 square feet on the upper two floors and would fit into the neighborhood. I expect the second house to be either a 2 -story or rambler similar to the existing houses. If somebody from US Homes would contact me as soon as possible to discuss that would be great. John Anderson MJ Investment, LLC 612- 598 -4987 - - - -- Original Message---- - From: John McCool < imccool cottage- grove.org To: Joe Jablonski ( Joe.Jablonski(olennar.com ) < Joe.Jablonski(o)lennar.com >; ' jon.aune(a�lennar.com ' < ion.aune(cr�.lennar.com >; bialucha < bialuchaAmsn.com >; johnbranderson < iohnbranderson(o),aol.com > Sent: Thu, Dec 13, 2012 11:03 am Subject: Pinecliff 5th Addition - Homeowners Association The Cottage Grove Cit� Council has been requested to amend city Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5 Addition for purposes of deleting condition No. 14 from said Resolution. This Resolution was adopted on May 16, 2012. This matter has tentatively been scheduled for the City Council meeting on January 2, 2012. In preparation of this Council meeting, a copy of U.S. Home Corporation's letter dated June 7, 2012 to Don and Bonnie Bialucha, a copy of City Resolution No. 2012 -048, a copy of the final plat for Pinecliff 5th Addition, and the Supplemental Declaration of Covenants, Conditions, and Restrictions for Pinecliff as recorded with Washington County on June 28, 2012 will be distributed to the City Council. The City Council will be informed that the Declaration of Covenant document excludes the three parcels owned by Bialuchas and three lots owned by Shannons; therefore is non - compliant with Condition No. 14 in Resolution No. 2012 -048. Any information or responses to this matter you want distributed to the City Council in advance of their meeting must be submitted to my attention no later than Thursday, December 27, 2012. The City is not concern whether or not an owner of any parcel is required to pay a homeowners association fee, but the Declaration of Covenants must be changed so that all the parcels within the Pinecliff 5 Addition are party to the same Declaration of Covenants. If you want this changed, it is your responsibility to provide a written explanation for the Council's consideration with your attendance at the January 2, 2012 Council meeting to answer questions they might ask. The City wants this matter resolved in a timely manner and do not want the issuance of any building permit delayed for any lot within the Pinecliff neighborhood. Your cooperation in resolving these issues before the end of the 2012 year will greatly be appreciated. If unresolved before the end of this year, then your attendance and explanation to the City Council will be scheduled for January 2. If you have questions, I can be reached at the phone number listed below. John McCool, AICP Senior Planner 651 - 458 -2874 Cottage Grove 4rg �R9a �i54A'i4r1�7F �i�c This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com [attachment "Letter to_City_12- 13- 12.pdf' deleted by Joe Jablonski/WAYZATA/CENT /Lennar] [attachment "San _ Francisco _Ga rag e_Right_Elevations.pdf'deleted by Joe Jablonski/WAYZATA/CENT /Lennar] J m ri w — d d 2 c>_ Wil ` � f zt, (ifll I�IIj�II (� III,. �,•• � ; � °� pll I II III; . 01�i1 0 I � `�`' Il liiI IIIII II I tk N I :e _ r z . II III I II• (II k�4 II�� ,III LL << IIIIIIIu lj� bj W z " TO El dl — T2 From: Joe Jablonski <Joe.Jablonski @lennar.com> Sent: Monday, December 17, 2012 9:56 AM To: johnbranderson Cc: bialucha @msn.com; John McCool;jon.aune@lennar.com Subject: Re: Pinecliff 5th Addition - Homeowners Association Attachments: HOMEOWNER APPLICATION Lennar.doc John - Attached is the application that we need you to fill out and return. The other items requested by the ACC are indicated below. You can hand write notes on your elevation plan. Please return this information as soon as you can. We will do everything possible to expedite the review. LENNAIT Joe Jablonski Land Dev Area Mgr Lennar joe.jablonski @lennar.com www.lennar.com Office: 952 - 249 -3014 Fax: 952 - 249 -3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e -mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. Hi Joe, Attached below is an Architectural Application. For the proposal of a home please have them provide the following information: - Floor plans - Elevation - Footprint - Square feet - Colors and material (roofing materials, siding ect) - Lot survey with location Please let me know if you have any questions. Sincerely, Krystle Nehls Internet New Home Consultant Lennar krvstle.q ross61lennar. corn www.lennar.com From: johnbranderson @aol.com To: Joe.Jablonski @lennar.com Cc: bialucha @msn.com, jmccool @cottage - grove.org, jon.aune @lennar.com Date: 12/14/2012 04:41 PM Subject: Re: Pinecliff 5th Addition - Homeowners Association The building materials for the house plan we submitted earlier this week are going to be vinyl on the sides and rear and LP Smart on the front. There will also be some brick on the garage columns and on the pillars on the front porch. Let me know if there is anything else you need on this house. I did attach it again for you. Thanks. John Anderson 612 - 598 -4987 - - - -- Original Message---- - From: Joe Jablonski <Joe.Jablonski @lennar.com> To: johnbranderson <johnbranderson @aol.com> Cc: bialucha <bialucha @msn.com >; jmccool <j mccool@cottag e-g rove. org>; jon.aune <jon.aune @lennar.com> Sent: Thu, Dec 13, 2012 3:13 pm Subject: Re: Pinecliff 5th Addition - Homeowners Association Our legal council has started preparing the supplement. We will have it executed prior to the Council meeting. The ACC is currently controlled by Lennar. As a builder, we understand your concern regarding the potential subjectivity of reviews. Our intention will be to maintain and preserve the values of existing residents and the integrity of the community. Your first plan looks like it will fit into the neighborhood without a problem. It would be helpful for you to add some notes relating to proposed materials. Hand written notes would be fine. We will not amend language in the HOA documents relating to the $100 fee. However, by this email you are assured that you will not be charged for review of initial plans so long as Lennar controls the ACC (Lennar reserves the right to control the ACC until our last home is closed). If ACC is transitioned to homeowners prior to your plan submission you will be subject to the ACC guidelines at that time. Hopefully this answers your questions. Let me know if you need anything else. LE.m Joe Jablonski Land Dev Area Mgr Lennar joe.jablonski lennar.com www.lennar.com Office: 952 - 249 -3014 Fax: 952 - 249 -3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e-mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. johnbranderson --- 12/13/2012 02:43 :17 PM- - -When will the document for including the lots in the association be ready for review and recording? From: john brand erson aaaol.com To: Joe.Jablonskia-lennar.com Cc: bialucha @msn.com 0 mccool(cDcottage- g rove. org ion.auneaa.lennar.com Date: 12/13/2012 02:43 PM Subject: Re: Pinecliff 5th Addition - Homeowners Association When will the document for including the lots in the association be ready for review and recording? We still need that be finalized. I am assuming it will be a supplement to the Declaration like you have done in the past. It is my understanding this needs to be finalized and recorded prior to the release of building permits. I also have a couple of questions. Who is the Arch review and what guidelines are they using to review the plans. I have submitted the elevations of the first house we will be building on Lot 5 so you can see what we are planning. The rear elevation shows a lookout but it will be a walkout. I do not know what the second house will be at this time. I am a little worried about agreeing to an arch review when there is no specifics in place as to what type of house it needs to be and what architectural criteria are used. I have been involved in arch review battles in the past and they are not fun. If it is in the eye of the beholder that can lead to disagreements and delays. I would also like to know if it is possible to wiave the $100 plan check fee in the Supplemental document. I know you said you do not charge them so I thought we could put that in writing. The concern is that if it is there it can be charged, even if it was said they do not get charged. John Anderson MJ Investment, LLC 612- 598 -4987 - - - -- Original Message---- - From: Joe Jablonski < Joe.Jablonski anlennar.com To: johnbranderson < johnbranderson(a_aol.com > Cc: bialucha < bialucha(a)_msn.com >; jmccool < jmccool cottage- g rove. org >; jon.aune < ion.aune(a�lennar.com > Sent: Thu, Dec 13, 2012 2:23 pm Subject: Re: Pinecliff 5th Addition - Homeowners Association Attached is a letter relating to the request to exclude the homestead properties (Lot 4; Blk 3 and Lot 5: Blk 5) from the HOA. The remaining (adjacent parcels L3 and L5; Blk 3 and L4 and L6; Blk 5) will be included into the HOA but will not be subject to dues. Those parcels will not be given voting rights and will not be allowed to use common area (HOA facilities). The adjacent parcels will be subject to the Architectural guidelines of the community. Any initial house plans or exterior improvements (including landscape, decks, fences, etc.) will be subject to Architectural Control Committee approval. No applicable guidelines will be waived or altered for the adjacent lots. Unfortunately, due to prior commitments, a representative from Lennar will not be able to attend the December 19th meeting. Our position is to move foreword under the direction of the City Council. Feel free to contact Mr. Aune or myself if you have questions. 1 attachment (See attached file: 20121213135409140.pdo Joe Jablonski Land Dev Area Mgr Lennar joe.jablonski(a lennar.com www.lennar.com Office: 952-249-3014 Fax: 952 - 249 -3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e-mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. johnbranderson --- 12/13/2012 02:01:43 PM - - -At this time I have asked the City, in a the letter attached, to bring this item before the City Cou From: ioh n brand erson (a)_ao 1. com To: imccool(a)-cottage- g rove. org Joe. Jablonski(a.lennar.com ion.aune(a)-lennar.com bialucha(aD-msn.com Date: 12113/2012 02:01 PM Subject: Re: Pinecliff 5th Addition - Homeowners Association At this time I have asked the City, in a the letter attached, to bring this item before the City Council on December 19, 2012. It is important to get this issue resolved prior to the end of the year rather than in 2013. In the letter it states that after discussing this with the Bialucha's we are requesting that condition number 14 of Resolution 2012 -048 be amended or deleted to exclude lots 3, 4 & 5 Block 3 Pinecliff 5th Addition from the Pinecliff Association. I am still open to the idea of annexing lots 3 & 5 into the association but due to timing with the end of the year coming up and the slow response I am requesting this go before the City Council at the next meeting. If we can come to agreement with US Homes on this and have the documents signed and recorded prior to the December 19th meeting we can remove lots 3 & 5 from the agenda. I would also provide a letter to the City that can be placed in the file and attached to the building permits for those two lots explaing the situation. am ok with the declaration documents other than 3 items. The first is that the lots would be exempt from paying the yearly dues. The second would be to have some language stating that the $100 plan review fee would not apply to these lots. The third is the architectural review of the initial home construction would not apply to these lots. I can submit the first house plan we plan on building on lot 5 but we do not know for sure what the second plan would be. The first plan is a 2- story with 2,344 square feet on the upper two floors and would fit into the neighborhood. I expect the second house to be either a 2 -story or rambler similar to the existing houses. If somebody from US Homes would contact me as soon as possible to discuss that would be great. John Anderson MJ Investment, LLC 612 - 598 -4987 - - - -- Original Message---- - From: John McCool < imccool(aD-cottage- rove, ve,org To: Joe Jablonski ( Joe. Jablonski (cD-lennar.com < Joe.Jablonski(a)-lennar.com >; lon.aune(a)lennar.com < ion.aune(a.lennar.com >; bialucha < bialucha(o)msn.com >; johnbranderson < iohnbranderson(@_aol.com > Sent: Thu, Dec 13, 2012 11:03 am Subject: Pinecliff 5th Addition - Homeowners Association The Cottage Grove Cit� Council has been requested to amend city Resolution No. 2012 -048, a resolution approving the final plat for Pinecliff 5 Addition for purposes of deleting condition No. 14 from said Resolution. This Resolution was adopted on May 16, 2012. This matter has tentatively been scheduled for the City Council meeting on January 2, 2012. In preparation of this Council meeting, a copy of U.S. Home Corporation's letter dated June 7, 2012 to Don and Bonnie Bialucha, a copy of City Resolution No. 2012 -048, a copy of the final plat for Pinecliff 5 Addition, and the Supplemental Declaration of Covenants, Conditions, and Restrictions for Pinecliff as recorded with Washington County on June 28, 2012 will be distributed to the City Council. The City Council will be informed that the Declaration of Covenant document excludes the three parcels owned by Bialuchas and three lots owned by Shannons; therefore is non - compliant with Condition No. 14 in Resolution No. 2012 -048. Any information or responses to this matter you want distributed to the City Council in advance of their meeting must be submitted to my attention no later than Thursday, December 27, 2012. The City is not concern whether or not an owner of any parcel is required to pay a homeowners association fee, but the Declaration of Covenants must be changed so that all the parcels within the Pinecliff 5 Addition are party to the same Declaration of Covenants. If you want this changed, it is your responsibility to provide a written explanation for the Council's consideration with your attendance at the January 2, 2012 Council meeting to answer questions they might ask. The City wants this matter resolved in a timely manner and do not want the issuance of any building permit delayed for any lot within the Pinecliff neighborhood. Your cooperation in resolving these issues before the end of the 2012 year will greatly be appreciated. If unresolved before the end of this year, then your attendance and explanation to the City Council will be scheduled for January 2. If you have questions, I can be reached at the phone number listed below. John McCool, AICP Senior Planner 651- 458 -2874 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com [attachment "Letter to_City_12- 13- 12.pdf' deleted by Joe Jablonski/WAYZATA/CENT /Lennar] [attachment "San _ Francisco _Garage_Right_ Elevations. pdf'deleted by Joe Jablonski/WAYZATA/CENT /Lennar] [attachment "San Francisco Garage Right Elevations.pdf' deleted by Joe Jablonski/VVAYZATA/CENT /Lennar] This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com ARCHITECTURAL AND LANDSCAPE IMPROVEMENT APPLICATION Step 1. Review the Architectural guidelines defined in your Covenants. Step 2. Fill out this Application: Name: Email: Address: Phone #: City: Development Name: Zip Code: Est. Start Date: Est. Completion Date: Contractor's Name: Type of Alteration/Improvement: Include ALL of the following attachments with your application: Phone #: ❑ Attach a copy of your original lot survey with placement of improvement /alteration noted (i.e. if building a deck, draw placement of deck on survey) ❑ Attach a drawing of the alteration /improvement, preferably a professional drawing from your contractor. If that is not available, a hand drawing is acceptable. ❑ Attach a written description or picture (if same as your proposed improvement) of the alteration /improvement. Include a list of materials that will be used. Example: for a deck, you would include types of wood, paint colors, stain colors, etc. Product cut sheets are preferred. With their signature below, the homeowner agrees to the following: A. No alterations /improvements may be commenced until written approval is received from the Architectural Review Committee. Alterations /improvements must be completed as represented in this Application, or as modified by any changes required as a condition of approval. B. The owner is responsible for obtaining any required building permits. C. The owner, not the Association, Board of Directors, or Review Committee, is responsible for (i) the construction standards and specifications relating to the alterations /improvements and construction work; and (ii) determining whether the alterations /improvements violate any restrictions or requirements imposed by any governmental authority having jurisdiction over the Unit. D. The owner shall hold harmless, indemnify and defend the Association and its officers, directors, and agents from and against any expenses, claims, damages, losses or other liabilities, including and without limitation, attorney's fees and costs of litigation incurred by the Association, arising out of (i) any part of the alterations /improvements which violates any governmental law, code, ordinance, or regulation; (ii) the adequacy of the plans or specifications submitted by the owner in connection with this application; and (iii) the construction of the alterations /improvements. Signature: Date: Step 3. Submit the application to the following address (remember the attachments): Lennar Corporation 16305 36 Ave N. Suite 600 Plymouth, MN 55446 Or ACC@Iennar.com or fax to 952- 249 -3075. Step 4. The Architectural Control Committee will respond to your Application within 15 business days by US mail and email. If you have any questions about this process, please contact Lennar at 952- 249 -3000. From: Joe Jablonski <Joe.Jablonski @lennar.com> Sent: Friday, January 04, 2013 10:26 AM To: John McCool Subject: Re: Pinecliff 5th Addition - Development Agreement Attachments: Doc. NO. 3915002 QCD.pdf, Doc. No. 3914993 Devel. Agree..pdf; Doc. No. 3914996 (QCD).pdf, Doc. No. 3914997 (QCD).pdf, Doc. No. 3914999 (QCD).pdf, Doc. No. 3915000 QCD.pdf, Doc. No. 3915001 QCD.pdf, Pinecliff 5th Addition Doc. No. 3914994.pdf John - I think these are what you are looking for. It is my understanding the original DA has not been returned from the County yet. Let me know if you need anything else. LEN N ,1 ° Joe Jablonski Land Dev Area Mgr Lennar ioe.iablonski(a)lennar.com www.lennar.com Office: 952 - 249 -3014 Fax: 952 - 249 -3075 16305 36th Avenue N, Ste 600 Plymouth, MN 55446 -4270 This e -mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e -mail is addressed, or an agent authorized by such person to receive this e -mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e -mail is prohibited. If you received this e -mail in error, please notify me immediately at the e -mail address referenced above. From: John McCool < Imccool(a)cottage- grove.org To: "Joe Jablonski ( Joe. JablonskiCa.lennar.com < Joe.Jablonskio_lennar.com > Date: 01104/2013 09:57 AM Subject: Pinecliff 5th Addition - Development Agreement Do you have the original development agreement for the Pinecliff 5 th Addition? The original agreement was attached to the original mylars for the Pinecliff 5 th Addition and the agreement was to be recorded at Washington County with the final plat. The final plat has been recorded, but the agreement was never returned to the City. At the City Council meeting last Wednesday, the Council table the Bialucha's request that their property be excluded from the Pinecliff HOA. There will be a Council workshop on January 16 at 6:30 pm. Council wants copies of agreement, resolutions, emails, letters, etc. concerning this matter. I am preparing a timeline of events concerning the Pinecliff development and phases. Because there are conflicting documents concerning this matter, Council wants all the parties (Lennar, Bialucha, Shannon, City and John Anderson) to be on the same page and reviewing the same information for purposes of resolving this issue. Let me know if you have the original development agreement for Pinecliff 5 Addition. ,john WcCoof,, AIC�P Senior rPCanner 651- 458 -2874 cottage roV This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteceloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http: / /www.symanteccloud.com _7,__P* June 7, 2012 Re: Letter Agreement between U.S. Nome Corporation and Donald Bialucha - and Bonnie Bialucha regarding Pinecliff 5th Addition property in Washington County, Minnesota (the "Development ") Dear Don and Bonnie: We appreciate your cooperation in- the process we have been going through to obtain municipal approvals for our proposed Development, In consideration for your signatures needed on various applications and agreements with the City and for your continued cooperation with all such items, we agree to indemnify and reimburse you with respect to any liabilities and costs asserted against or incurred by you by reason of or arising out of our work on the Development. This includes all assessments and costs relating to the "Public Improvements" and "4n -Site Improvements" required to be completed by the "Developer" under the terms of the Development Agreement (Pinecliff 5th Addition) entered into with the City of Cottage Grove on or about the date of this letter. In addition, we agree to complete the Developer Items identified on the attached Schedule A at no cost to you. U.S. Home Corporation, a Delaware corporation By Name: Jo � • --'"'� Its; ViQ sident, MN Land Division Consent and Acknowled ement Bonnie Bialucha Donald Bza ucha 8945401v1 - SCHEDULE A U.S. Home Corporation agrees to complete the following items: We will move the shed to a new Iocatian on the retained ro e construction of a new concrete slab to place t Cap existing well, he structure on' provided you are responsible for • • Remove and haul away existing drain field and tanks; restore yard where either sod or seed. Replace driveway, items are removed with • • HOOk up electrical, gas, phone, cable once new services are installed • Run a sewer and a water service to within 5 feet of the current foundation of the existing Will solicit information from our contractors that you can use to hire for the internal water and sewer service, we will also investigate the efficient wa to ho al hook ups ofthe home, We However, you will be responsible for the actual cost and co most m ie rnl ho • Move and replant up to thre tin °k r'P the services. P n of the hook ups. • You will not be responsible for any l sing cost associa td with transaction i retain P P rty, trees are not warranted. deed costs. • Exterior improvements on your retained roe ncluding recording ofPinecliff P P rty will be grand - fathered in as a • You will not be responsible for the an pProved to the HOA Pincliff 5th. Y Payment of assessments for what we will be constructing in • Your homestead and 2 retained lots will not be in the PinecliffHOA will rules and regulations and will not be required to pay HOA dues. When the lots or homestead Property is sold they will not be a part of the HOA for the new owner not have to abide to the s. 894540ivI U _ z J gn UJI 4 �C' a', A J 1 A l l .1 A J Vf z L3 .2 .1-11 4 J 3 1 4 9- d Uhl 41 mi i HIM 9 d ilia i a o I I MAR I V I< (L LL LL 0 Dr II N 'Ll. zo Z 0 r) LL LL W Z IL CL 00 T 0 Sb; r I , 81. ------------------------------ / 0 C) 0 tjoB _11 K-e, 581402 *' ♦ -- 00 -3eE 14 bo. bil 3,L1 4 °69S Ar S' �ND SN Cj 7D 3JUMOS "gL -1 ------------------- - --------------------------- Ld - — — — — — — — — — — - M -G 17 3 11 ni, oLiJ . i l I V , - :, yo �t- -- �g U1.00S 1 m —Z 9z t 00 L 1. 1 V v- v 6 11 1— .—sa oN d z sum 5! N 0 -4 • 0 in 12 u c ' ; 6- ° gym LLI 02a U) g H '02'z' ors ao z • 0 Z tim 0 P < op 2 y W D. el, Ai. 1 .6 CE L Ob ILL L 3.t1,01 9C 0 LL 11 N elf v ioano w, M.09 WLOL Z 41—gr" P ��°d m ---_ 1 0*11, LO wa 1 1 j LU e Ir 1, Ld -- w sO \ 61SI o' o \dG ads O L I Lu 13 1oN C-4 C-4 J orc M. 69N 00'991 V"' N v 06 F z 0 L LO L U— LL w z IL 1... 1. All C II I 0� 00 sus m 0 F- 0 62Np s 1 00 sus m F- 0 62Np s o, Ld Rs 0 3.11I.L9.62N 90 t o imino o i o0 LO Lo 1 'J C.4 m F- 0 62Np s o, 61P '10 Rs 0 o i o0 Rs __ __o`� z� N�Ni�¢o