Planning Commission Agenda Packet 10-16-1979MINUTES
REGULAR MEETING - MONTICELL0 PLANNING COMMISSION
Tuesday, September 18, 1979 - 7,30 P.M.
Members Present: James Ridgeway, Dave Bauer, Ed Schaffer, Fred Topel, Dick Martie.
Loren Klein (ex -officio)
Members Absent: None
The regular meeting of the Monticello Planning Commission was called to order
at 7:30 P.M. by James Ridgeway, Chairman.
1. Approval of Minutes.
The Minutes of the Special Meeting of September 4, 1979 wore unanimous-
ly approved as presented_
2. Conditional Use Permit for a 24 -Unit Apartment Buildine - Construction 5.
Construction 5, Inc. has applied for a conditional use permit to construct
a 24 -unit apartment building on a portion of Block 43, Lower Monticello.
Construction 5 recently purchased Blocks 43, 42, 41, 46, 47, 48, 49, 53, 52, 51
and 50, otc. from Earl Malone. This property is located south of the railroad
tracks near the Nursing home. Current toning of Block 43 is R-3.
During the first phase of the development, Construction 5 is planning to
build a 24 -unit, A story apartment building consisting of seven 1 -bedroom
unite, eleven 2-bodroom unite and six 3 -bedroom units. The plat plan sub-
mittod indicates three additional buildings proposed in the future consio-
ting of 52 units.
Mr. Loon Martin, of Construction 5, presentod his plana for a 24 -unit apart-
mont building on Parcel "A" of the proposed apartment complex on Block 43
in Lower Monticello.
Mr. Kenneth !lolker, representing the Tmcra of 11olker'n Hillside Addition,
exprooned hin client's opposition to a 24 -unit apartment building, stating
two 12 -unit buildings would he more acceptable.
Nancy Kano expreaned her opposition to any apartment building on that pro-
perty becouno of the increased traffic.
Mr. Gordon Jaeoboon, representing the Nursing Homo Board wan concerned
about many items, as listed helows
1. Concerned for the safety of their residents, visitors and staff with
the increased volume of traffic that would be generated with the
extension of Washington Streot anti the proposed apartment building.
2. Increased density of population will have a definite impact on the traffic
patterns.
3. Concern for the aoathatic value of the proposed housing in relation
to the neighborhood.
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AGENDA
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, October ]d, 1979 - 7,30 P.M.
Memberse James Ridgeway, ::, Dave Bauer, Ed Schaffer,
Cc :-Map" . Loren Klein (ex -officio).
✓ 1-A. Approval of Minutes - Regular Meeting of September 18, 1979
V1 -B. Public Nearing - Consideration of Recomending Approval of
a Preliminary Subdivision Plat - Curtis Hoglund.
✓2. Public Hearing - Consideration of Request for Conditional
Use for Townhouses - Curtis Hoglund.
�. Consideration of a Variance Request - Lori Vogt.
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AGENDA SUPPLEMENT
1-B. Public Hearing - Consideration of Recommendinq approval of a Prelimin-
ary Subdivision Plat - Curtis Hoglund.
Mr. Curtis Hoglund has submitted a request to subdivide the property
where Curt's Storage and Sales is located on East Broadway.
This property is zoned R-3 and B-4 and is approximately 10 acres
in size. A parkland dedication or cash contribution would have to
be made as per ordinance.
The first draft of the preliminary plat,which will be named Macar-
lund Plaza, was submitted to our City Engineer, John Bad Itch, and
came back with the following comments,
A. Monticello Ordinance Section 11-4-1(A)2 requires a boundary survey
that ties into the Government Subdivision corners.
B. Sections 11-4-1(B)4 6 5 refer to locations of existing property,
right-of-way, etc. within a distance of 350' of the proposed plat.
The houses on the Morris Hoglund and Hoglund Addition should be
sham. The lots on the north side of Mississippi Drive which
would include Lots 5 through 13, Block 1, and Lots 1 through 5,
Block 2, Hoglund Addition, should also be shown with the owners'
names. Note that Hoglund Addition to incorrectly spelled.
C. Sections 11-4-1(B)2 6 7. A grading plan (not included) should
be prepared especially for the townhouse area as some stoop grades
will be encountered on the north aide.
D. Section 11-4-1(B)B relates to the sower and water system. The
availability of sower and water to the plat wan discussed at the
City Council meeting on August 13, 1979. The agenda supplement
for that meeting fairly well sots forth alternatives for providing
sower and water service to the proposed plat. (A copy of that portion
Of the supplement to enclosed for Planning Commission reference.)
The owner of the property was mods aware of those comments and require -
mento, and a occond draft of the preliminary plat wan submitted to
our City Engineer for his rocoomendations.
At the timo of thio writing, however, there have been no further commento
from Mr. Badalich. It does appear, though, that the second draft of
the preliminary plat does include those items called to our atten-
tion by the engineer. If he has any further comaonto to make, they
will be available at the time of the meeting on Tuesday, and could be
included as a contingency of roccconanding approval of thin preliminary
plat of Macarlund Plaza. LL
POSSIBLE ACTIONi Consideration of recaoaaonding approval or denial of
this subdivision request.
REPERENCEO, Map showing general location] preliminary plat which to
enclosed and latter from John Bad Itch. Also, portion of
8/13/79 Agenda GUpplement.
APPLICAWa Curtis Hoglund
c.
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PLANNING COMMISSION - 10/16/79
2. Public Hearing - Consideration of Request for Conditional Use for
Townhouses - Curtis Hoglund.
In reference to Item 1, Mr. Hoglund is also making application to
develop townhouses on all of the Macarlund Plaza property except
Lots 1 - 6 of Block 1.
All of the lots on Block 2 through 11 and Outlot A would be involved
in the townhouses.
Basically, a townhouse would be located on one of the lots of Block 7
through 11, which would have an attached garage. Along with
the townhouse, there would be a single detached garage on one of
the lots an Block 2 through 6.
As per Monticello ordinance, an association agreement has been pre-
pared by Mr. Hoglund's attorney, which outlines maintenance agree-
mente for the common ground on the development, and other joint owner-
ship requirements of those owners within the townhouse development. j
Gary Pringle, the City Attorney, has given his preliminary approval
to the document, but may have one or two comments for Tuesday
night's meeting. Yi
POSSIBLE ACTION, Consideration of recommending approval or denial
of this conditional use request. Y
REFERENCES( Sarno as in item 1 above, and an enclosed copy of the
Association Agreement.
3. Consideration of a Variance Recrueot - Lori Vogt.
Lori Vogt, on behalf of a client who wishes to remain anonymous at
this time, has applied for a variance to allow an individual to
operate a beauty shop within their own home. Located on A of Lot 3
and all of Lots d c 5, Block 38, Lower Monticello. This property is
presently owned by Ralph !(iffmoyor. Zoned R-2. Beauty shops are °
allowed in a 9-1 zone. 4
A home occupation is defined as follows(
'Any gainful occupation engaged in by the occupants of a 7,,1
dwelling at or from the dwelling. Such activity shell be
clearly incidental and secondary to the residential useof the promises. Pormiooable home occupations onall notinclude the conducting of a retail busin000 other than bymail, manufacturing business, or a repair chop of any kindon the premises, and no stock in trade shall be kept or sold.
No other then poracno residing an the promisor shall be employad,
and no mechanical equipment shall be employed that is not cus-
tomarily found in the home and no more than one (1) room may be
devoted to home occupation use. Such home occupation shall not
require internal or external alterations or involve construction
features not customarily found in dwellings. The entrance to th(
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PLANNING COMMISSION - 10/16/79
space devoted to such occupations shall he within the dwelling.
There shall be no exterior display, no exterior signs except as
allowed in the sign regulations for the zoning district in which
such home occupation is located. There shall be no exterior stor-
age of equipment or materials used in the home occupation. No home
occupation shall be permitted which results in or generates more
traffic than one (1) car for off-street parking at any one given
point in time. Permissable home occupations include, but are not
limited to the following: Art Studio, Dressmaking, Special Offices
of a Clergyman, Lawyer, Architect, Engineer, Accountant, or heal
Estate Agent or Appraiser, when located in a dwelling unit occupied
by the samei and Teaching, with musical, dancing and other instruc-
tion limited to one (1) pupil at one time."
A variance would be necessary to allow mechanical equipment other than
normally found in the home, and a sign is also requested.
If the variance were granted, the prospective owner would agree to a
condition of the variance which would allow only the owner to work
in the shop.
At this time, there have been no comments pro or con offered by any
affected neighbor.
POSSIBLE ACTION, Consideration of recommending approval or denial
of this variance request.
REPERENCESi Map enclosed depicting location of property. OR
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ADDITIONAL SUPPLEMENT
Consideration of Approval of Simple Subdivision of Land - Troy Chaplin
and Lawrence Hoyt.
Mr. Troy Chaplin, who owns Lot 1 of Block 1 in Hoglund Addition, and
Mr. Lawrence Hoyt who owns a lot immediately to the east of Mr. Chaplin,
would like to exchange portions of their lot to resolve a problem which
came about after it was found out that Mr. Hoyt's driveway was on part of
the land owned by Mr. Troy Chaplin.
Mr. Hoyt has agreed to exchange a triangle parcel from his lot which is
approximately 1,675 square feet and depicted on the enclosed map and
described as follows;
That part of Lots 1 and 14, Auditor's Subdivision No. One, accor-
ding to the recorded map thereof of record and on file in the
Office of the County Recorder, Wright County, Minnesota, described
as follows,
Commencing at the northeast corner of Section 13, Township 121,
Range 251 thence south along the east line of said Section 13,
a distance of 297.3 foot to the center of State Aid Road Number 39
thence west along the center of said State Aid Road Number 39,
to the southeast corner of Hoglund Addition, according to the
recorded plat thereof of record and on file in the Office of the
County Recorder, Wright County, Minnesotal thence north along the
east line of said Hoglund Addition to the southeast corner of
Let 1, Block 1 of said Hoglund Addition; thence continuing north
along said cast line, a distance of 82.13 feet to the actual point
of beginning; thence northerly deflecting lie 03' 31- right to the
shoreline of the Mississippi River; thence westerly along said
shoreline to the intersection of paid east line of Hoglund Addition;
thence south along said east line to the point of beginning.
In exchange for this parcel, Mr. Hoyt would pick up a triangle parcel
which would be approximately 700 square feet, and described no follows,
That part of Let 1, Block 1, Hoglund Addition, according to the
recorded plat thereof of record and on file in the Office of the
County Recorder, Wright County, Minnesota, described as followos
Beginning at the southeast corner of said let 1, thence westerly
along the south lino of said Let 1, a distance of 16.00 foot;
thence northerly to a point on the cast line of said Lot 1,
distant 82.13 fact north of the southeast corner of said Lot 1;
thence oeuth along said east lino to the point of beginning.
According to Monticello Ordinance Section 11-1-7, this qualifies as a
simple subdivision and only needs the recomsendation of the Planning
Commission and final approval by the City Council with proof that it
has boon proporly recorded for acceptance. This exchange would neither
reduce anybody's lot size loss than the minimus requirements, nor would
it reduce the minimum width that is required by ordinance. In fact, it
would actually resolve a current legal non -conforming use in that Mr.
Ibyt'a halo now is loos than 10' from his sidoyard line, and this sub-
division would actually place the property lino at its closest point
1117" from hie newly created property line.
POSSIBLE ACTION+ Consideration of recommendation to the City Council
of the single subdivision.
Enclosed plat map depicting exchanges of land.
s1 F, /A eel 9.1-je
to,AO'& 1, Ij eir
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PLANNING COlKISSION MINUTES - 9/18/79
The developer was asked if he had any comments on building two 12 -unit
apartment buildings as opposed to one 24 -unit building. He stated he
would prefer only one 24 -unit building since construction costs would be
higher for two 12 -unit buildings.
After discussing the subject, and with the approval of the developer, a
motion was made by Fred Topel and seconded by Ed Schaffer to recommend
approval of a 24 -unit apartment building on Parcel 'B' of the proposed
building project.
Voting in favors Fred Topel, Jim Ridgeway, Ed Schaffer, Dick Martie.
Opposedt Dave Bauer
3. Public Hearing on Ordinance Amendment to Adopt Recently Revised Federal
Requlationa regardinq the National Flood Insurance Program.
In order to continue its eligibility in the National Flood Insurance
Program, the City of Monticello must adopt Flood Plain Regulations which have
to be revised to contain certain criteria. By continuing its eligibility
in the National Flood Plain Insurance Program, residents of Monticello
have the opportunity to obtain flood insurance for their homes and busi-
nossoo.
It should be noted that our current ordinance on Flood Plain Districts
is being proposed to be completely deleted since the new regulation covers
the eamo area along with the revisions promulgated by the National Flood
Insurance Program. As with all toning ordinance amondments, a public
hearing is necessary before the Planning Commission.
There was some concern about this regulation being rotro-active, but
It was pointed out that the ordinance would apply only to future develop-
ment.
Motion was made by Dave Bauer, seconded by Fred Topel and unanimously
carried to recommend adoption of this revised ordinance.
Meq adjourned.
Lor o� D. Klein
Bullring Official
LDK/ns
2 I -A
ORR•SCNELEN-NIAYERON Et ASSOCIATES INC.
Consul:r'irry fngrnccis
Division of Kidde Consultants, Inc.
L , u ul .Survuvors
September 24, 1979
MrLoren D. Klein
Building Official
City of Monticello
250 East Broadway
Monticello, Minnesota 55362
Re: Preliminary Plat
Macarlund Plaza
Dear Loren:
The preliminary plat of Macarlund Plaza received by our office
has been reviewed by my staff. The following are our comments
based on Monticello's subdivision ordinance, Section 11-4-1:
1. Section 11-4-1(A)2 requires a boundary survey that ties
into the Government Subdivision corners.
2. Sections 11-4-1(B)4 6 5 refer to locations of existing pro-
perty, right-of-way, etc. within a distance of 350' of the pro-
posed plat. The houses on the Morris Hoglund and Hoglund Addi-
tion should be shown. The lots on the north side of Mississippi
Drive which would include Lots 5 through 13, Block 1, and Lots
1 through 5, Block 2, Hoglund Addition, should also be shown
with the owners' names. Note that Hoglund Addition is in-
correctly spelled.
3. Soctions 11-4-1(B) 2 5 7. A grading plan (not included)
should be prepared especially for the townhouse area as some
stoop grados will be encountered on the north side.
4. Section 11-4-1(B) B relates to the sower and water system.
The availability of sewer and water to the plat was discussed
at the City Council meeting on August 13, 1979. The agenda
supplement for that meeting, attached hereto, fairly wall sets
forth alternatives for providing sower and water service to the
proposed plat.
/ -,B d a
Mu,nvapolis, Minnesntn 55413
Mr. Loren D. Klein
September 24, 1979
Page Two
This concludes our comments regarding the preliminary plat of
Macarlund Plaza. One set of marked up plans are enclosed and
returned for your review and the other copy has been retained
by our office.
Yours very truly,
ORR-SCHELEN-MAYERON
ASS IA S
ohn P. Badalich, P.E.
City Engineer
JPB/99
Enclosure
ccs Mr. Gary wiebor, City Administrator
Mayor-Rohlin, Inc.
COUNCIL AGENDA - August 13, 1979
6. Consideration of Sewer and Water Utilities Petition Received from
Curtis Hoqlund.
A petition was received from Curtis floglund requesting that sewer and
water be extended to his property, located at the corner of County Road
75 and East County Road 39 (currently Curt's Storage and Sales). Mr.
Hoglund plans to development the northerly portion of his property into
Townhouse -type dwellings. Although the property has not been subdivided
yet, Mr. Hoglund filed the petition in order to get an idea as to whether
or not sewer and water services could be made available to his property.
According to the proposal presented, (see attached plat layout) future
plans would call for approximately five 6 -unit townhouse structures with
each owner of a townhouse being an owner of the cosm.on ground area. At
the present time, the property is zoned R-3 where the townhouses are
proposed to be developed, and representatives of Mr. Hoglund have indicated
that they would probably just be dividing the parcel into two parcels
by a certificate of survey.
Mr. Hoglund has been informed that the deadline for petitions of such
nature was January 1, 1979 for any construction to be considered during
1979, but Mr. Hoglund is proposing to install his own sewer and water
laterals from Mississippi Drive through an easement on Gots abutting
Mississippi Drive. In reviewing this item with City Engineer, John
Badalich, Mr. Badalich felt that nerving this parcel is a possibility
by extending sewer and water through an easement up the hill from
Misaineippi Drive. The second alternative would be to extend sewer
and water westerly along County Road 39 from its present ending point
on Mississippi Drive. Thr second alternative would requite a 4/9.1s
Council vote as less than 359 of the property ownets actually petitioned
for the improvement. In additiun, a feasibility study would have to be
cog1letud and more than likely nut be considered until 1980 along with
other petitions as a bond would probably have to be floated to cover the
coat.
The first alternative of servicing the property with sewer and water from
Mianioeippi Drive through an easement on Mr. I"lund's property could be
accomplished similar to what Marvin George did in Balboul Estates. If
Mt. Hoglund is willing to install the improvements himself, it would appear
that the City would not have to gel involved in any financing, etc., as
It would all be done on private property. According to Mr. Dadalich,
sewer cervico for proposed townhouco dwellings would be adequate this
way, but there may be a slight water pressure problem because of the
higher altitude of the Hoglund Property compared to Mississippi Drive.
Representatives of Mr. Hoglund were made aware of this fact and they did
indicate they would he willing to install booster pumps in each townhouse
unit
t to provide adequate water pressure.
Should the Council approve servicing Mr. Hoglund'a property from Mississippi
Drive, some type of plan should be prepared for review by the City
Engineer, and also the City Cnginoer should do the actual inspection of
the improvement. If Lite property owner decided to have the City's
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COUNCIL AGENDA - August 13, 1979
Engineering firm of Orr-Schelen-Mayeron & Associates prepare plans and
specifications for the service, some sort of an agreement would have
to be worked out whereby the property owner would deposit with the
City the estimated amount of the engineering fees. The City then in
turn could pay Orr-Schelen-Mayeron for the preparation of any plans
and specifications necessary.
Additionally, if Mr. Hoglund is allowed to provide his own water and
newer service to his property, it should be pointed out that future plans
Por this area may include future water and sewer lines along County
Road 39 and/or Highway 75, that would abut the balance of Mr. Hog`und's
property. As a result. Mr. Hoglund should be made aware that he may
possibly have future sewer and water assessments placed against his
property and that this service stub coming from Mississippi Drive would
not relieve him of future assessments should other improvements be made
abutting his property.
POSSIBLE ACTION: Consideration of whether it not to allow Mr. Hoglund
to construct his own sewer and water improvements from
Mississippi Drive to his property, or whether to con-
sider a petition for sewer and water as part of next
years sewer and water improvements.
REFERENCES: Copy of certificate of survey and proposed area to be
developed.
7. Consideration of Final Payment on SealCoatinq Project - 79-1SC.
Batzer Construction Company, contractor on the 79 SealCoating project,
requested that the final payment in the amount of $1,298.46 be approved
by the City of Monticello. The sealcoating project was completed in
approximately two days time, but l0% of the total contract. was withheld
until the City could complete the sweeping of the excess rocks off of
'the streets.
! The street sweeping process has been completed by City personnel anti the
project was inspected on Friday, August 10. it is the recommendation of
the Public Works Director, John Simola, that the project be accepted and
that final payment be made to Batrer Construction Company. The total
project tout for sealcoating would total $12,994.64.
POSSIBLE ACTIONm Consideration of approval of final payment..
8. Cmsidoration of. City Accenting Utilities Inntalled under 1978-2 Improve-
ment Projoct - Balboul Estates.
An you will recall, Marvin George Builders of Princeton, Minnesota,
developer of nalboul Eotates plat, entered into a development agreement
with the City of Monticello to allow him to inotoll hio own sewer
and water and street improvements in Balboul Eatatca. Part of the
M7'iC
I
TOWNHOUSE
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
THIS DECLARATION, made this day of , 1979, by Macarlund,
Inc., a Minnesota corporation (hereinafter called Developer),
WITNESSETH:
WHEREAS, Developer is the owner of the real property described in
Article II of this Declaration, and desires to create thereon a residential
community with permanent parks, playgrounds, open spaces and other common
facilities for the benefit of said community, and
WHEREAS. Developer has caused to be incorporated TOWNHOUSE PLAZA, INC.
under the laws of the State of Minnesota as a non—profit corporation, to which
shall be assigned the powers and duties of maintaining and administering
the common areas and facilities and administering and enforcing the covenants
and restrictions and collecting and disbursing the assessments and charges
hereinafter created,
NOW. THEREFORE, the Developer hereby declares that the real property
described In Article 11 and such additions hereto as imay hereafter be made
pursuant to Article 11 hereof is. and shall be held, transferred, sold,
conveyed and occupied, subject to the covenants, restrietlnns, easements,
charges and liens hereinafter set forth.
ARTICLE 1.
DEFINITIONS
Section 1. The following words, when used in this Declaration, or any
supplemental Declaration (unless the context shall prohibit) shall have the.
Iollowing meanings:
a. Association shall refur to Townhouse Plato. Inc.
b. Common areas shell refer to Dutlot "A" of Macdclund Plato
according to tho recorded plat thereof.
c. Lot shall refer to any lot together with the Improvements thereon
except common areas.
d. Owner shall refer to holder of the fee simple absolute, contract
vendee, life tenant or lessee under a lease having a term of toorc than three
years, or any combination thereof.
e. Member shall refer to a member of the Association as provided in
Section 1. Article III hereof.
f. Developer shall refer to Macarlund. Inc., its successors and assigns,
if such successors or assigns should acquire more than one undeveloped lot
from Macartund. Inc. for the purpose of development.
S. Recreational facilities shall refer to structures, buildings and
personal property. whether attached or detached from the common areas,
acquired by the Association for the use and enjoyment of owners including but
not limited to tennis courts, swimming pools, golf course, golf putting green,
greenhouse, and structures located upon the corruson areas. if any.
h. Capital improvement shall refer to any construction of, reconstruction
of, substantial alteration of. substantial repair of, or substantial addition
to the physical amenities on the common areas. except that installed or
constructed by the Developer at its expense and except work performed by
govermxntal bodies.
i. Mortgage shall omen and refer to any mortgage of record or other
security instrument by which a lot or any part therenf is encumbered.
J. Mortgagee shall mean and refer to any person naryed as mortgagee under
any such mortgage or any successors with an interest of such person under
such mortgage.
ARTICLE 11.
PROPERTY SUBJECT TO THIS DECLARAT1ON1
ADDITIONS THERETO
Section 1. Existing Property. The real property which is and shall be
hold, transferred. sold, conveyed and occupied subjert to this Declaratinn
is located in the City of Monticello. County of Wright, and Scatu of Minnesota,
and is more particular described ss followst
All Lots and Common Areas Located Ytinin the -Plat of Mucarlund Plaza -
all of which real property shall hereinafror be referred to on Existing
Property.
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Q.
Section 2. Additions to Existing Property. Additional lands may become
subject to this Declaration in the following manners
a. Additions in accord with a General Plan of Development.
The Developer, its successors and assigns, shall have the right to bring
within the plan of this Declaration property located in Macarlund Plata•
Minnesota. Such General Plan shall not bind the Developer to make
the proposed additions or to adhere to the plan in any subsequent development
of said land.
The additions authorized under this, and the succeeding subsection, shall
be made by the filing of record a Supplementary Declaration of Covenants and
Restrictions with respect to the additional property which shall extend the
plan of the covenants and restrictions of this Declaration to such property.
Such Supplementary Declaration shall Containsuchcomplementary 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 as are not inconsistent with the plan 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 III.
MEMBERSHIP AND VOTING RIGHTS
IN THE ASSOCIATION
Section 1. Members. The qualifications of members and the manner of their
admission into the Association shall be as follows
a. An owner shall by virtue of such interest be a member of this Association.
b. When one or more persons is an owner of a lot. all such persons shall
be members.
c. It shall be the duty of each owner to register his name and the nature
of his interest with the Secretary of the Association. If the owner does not
register his interest. the Association shall be under no duty to recognize
his ownership.
d. The owners of each lot shall be collectively entitled to one vole.
-3-
e. When there is more than one owner of a lot, the vote shall be cast
by the person named in a certificate signed by all owners of the lot and
filed with the Secretary of the Association. Such certificate shall be
valid until revoked by a subsequent certificate.
f. The share of an owner in the funds and assets of the Association cannot
be assigned, pledged, encumbered or transferred in any manner, except as o n
appurtenance to his lot.
ARTICLE 1V.
PROPERTY RIGHTS IN THE COMKON AREAS
Section 1. Member's Easement of Enjoyment. Every member shall have the
following nonexclusive appurtenant easements:
a. Ingress and egress.
b. A utility easement, an easement for voter and sever.
c. Parking privileges.
d. Right of overhang and encroachment of improvements on a lot vhich are
not inconsistent with the use of the common areas by other members.
e. Right and easement of enjoyment for recreational purposes.
Section Z. Title and Improvements to Common Areas. The Developer shall
convey and record marketable title to the common areas to the Association
prior to the conveyance of a fee title to any lot.
Developer covenants and agrees with the Association that it will make and
pay for all Improvements as set forth in the plans and specifications on f ile
with the Association and delivery of the Deed shall not constitute release of
Developer from the obligation to perform such obligations. Developer and Che
Association shall formulate and reduce to writing a procedure for acceptance
by the Association of the work to be performed pursuant to said plans and
specifications. The Association shall file in the office of the Register
of Deeds a release of the Developer upon Developer having fulfilled Its
obligations to improve the common areas. Until the Developer has completed
the work as set forth in said plans and specifications. Developer shall have
the right to enter upon the common areas for the purpose of completing such
work.
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Lim
Section 3. Extent of Members Easements. The rights and easements of
enjoyment described herein and the title of the Association to the common
areas shall be subject to the followings
a. The right of the Association, in accordance with its Articles and Bylaws,
to borrow money for capital improvements on the common areas, and in aid
thereof to mortgage the common areas and the rights of such mortgagee in the
common areas shell be subordinate to the rights of the members hereunder. No
indebtedness authorized by this subsection shall exceed twice the sum of the
annual assessment levied or permitted to be levied against all lots.
b. The right of the Association to take such steps as are reasonably
necessary to protect the common areas against foreclosure.
e. The right of the Association, as provided in its Articles and Bylaws,
to suspend the enjoyment rights of any member for any period during which any
assessment remains unpaid, and to suspend the said enjoyment rights for any
period not to exceed sixty (60) days and to impose a fine not to exceed Five
Dollars (:5.00) for each infraction of its published rules and regulations;
provided, however, that nothing contained in this paragraph 3c shall be deemed
to deny an owner easement for access and utility purposes.
d. The right of the Association to charge reasonable admission and other
fees for the use of the common areas.
e. The right of the owner of each lot to an exclusive easement on the
common areas to areas occupied by fireplaces. roof overhangs, air conditioning
compressors, flower boxes, decks, balconies. and other appurtenances which aro
part of the original construction of any improvement or which are added pursuant
to the provisions of Article IX Hereof.
f. The right of individual members to the use of parking spaces as
provided in Article V hereof.
Section 4. Delegation of Use. Any owner may delegate. in accord with the
Bylaws, his right of enjoyment to the common areas ana fact lit ies'to his tenants
who reside on the property and to members of his family and his guests.
Section S. Taxes and Special Assessments on Common Areas. The Association
shall have the right. power and authority to collect such levies as part of the
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annual assessmene, if such taxes and special assessments are not collected by
the governmental body from the owners or paid by the owners to the govern -
[cental body when the same is due and payable.
Section 6. Use of the Common Areas. The common areas shall be used
strictly in accordance with the easements granted thereon. Except as herein
provided, no owner shall obstruct or interfere whatever with the rights and
privileges of other owners in the common areas and nothing shall be planted,
altered, eomstrueted upon or removed by an owner from the common areas. except
by prior written consent of the Association. If an owner shall violate this
section, the Association shall have the right to restore the common areas to
its prior condition and assess the cost thereof against the owner who violates
this section and such cost shall become a lien upon the lot of such owner, which
shall become due and payable upon demand. The Association shall have the right
and powers to collelt the cost of such restoration as provided in Article V1 for
the collection of delinquent annual assessments. If an owner interferes with the
rights and privileges of another owner in the use of the common areas. except
as herein provided, the Association or the owner may commence an action to
enjoin such interference and the prevailing party shall be entitled to recover
such reasonable attorneys' fees as the court may allow together with all
necessary costs and disbursements incurred in connection therewith.
ARTICLE V.
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
Section 1. Common Areas. The Association, subject to the rights of the
owners act forth in this Declaration, shall be responsible for the exclusive 1
management and control of the common areas and all improvements thereon J
(including furnishings and equipment related thereto) and shall keep the same
fn good. clean, attractive and sanitary condition, order and repair. The
Assoctation shall be responsible for the maintenance and repair of exterior
surfaces of all buildings in llstarlund Plaza including. without limitation,
the painting of the same as often as necessary, the replacement of trim and
caulking, the maintenance and repair of roofs, gutters, downspouts and overhangs;
.i the maintenance and repair of all common areas. The Association shall have
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the right to enter upon the lots for the purpose of maintaining the common
plumbing, sewer and utility lines.
Section 2. Services. The Association may obtain and pay for the services
of any person or entity to manage its affairs, or any part thereof, to the
Decent it deems advisable, as well as such other personnel as the Association
shall determine to be necessary or desirable for the proper operation of
Macarlund:.Plaza: whether such personnel are furnished or employed directly by
the Association or by any person or entity with whom or which it contracts.
The Association may obtain and pay for legal and accounting services necessary
or desirable in connection with the operation of Macarlund Plaza or the
enforcement of this Declaration. The Association may arrange with others to
furnish water, trash collection. sewer service and other common services to
each lot.
Section 3. Personal Property for Common Use. The Association may acquire
and hold for the use of all of the members tangible and intangible personal
property and may dispose of the same by sale or otherwise. Such beneficial
interest shall not be transferable except with the transfer of a lot. A
transfer of a lot shall transfer to the transferee ownership of the transferor's
beneficial interest in such property without any reference thereto, each
member may use such property in accordance with the purpose for which it is
intended. without hindering or encroaching upon the lawful rights of other
members. The transfer of title to a lot pursuant to -foreclosure shall
entitle the purchaser to the beneficial interest in such personal property.
Section 4. Rules and Regulations. the Association may make reasonable rules
and regulations governing the use of the lots and of the common areas. which
rules and regulations shall be consistent with the rights and duties established
in this Declaration.
Section S. Parking. The Association shall maintain upon the common area
vehicle parking spaces conveniently located for use of the owners, members of
his family, tenants and their guests. No one shall use these parking spaces
for parking or storage of boats, snowmobiles, trailers or camping vehicles.
J
The Association may from time to time establish additional rules and
regulations concerning the use of these parking spaces and may cause to be
towed from the common areas improperly parked vehicles at the owner's expense.
ARTICLE VI.
ASSESSMENT'S
Assessments against the members shall be levied by a majority vote of the
Board of Directors of the Association and paid by the members of the Association
In accordance with the following provisions:
Section 1. Both annual and special assessments shall be fixed at a uniform
rate for all lots.
Section 2. Any assessment for alterations or additions to improvements of
the common areas involving an expenditure of 11.000.00 or more shall first be
approved by a two—thirds vote at a special meeting called for such purpose.
Section 3. Each member shall be liable for his share of common expenses.
and any common surplus shall be allocated to each lot.
Section 4. All assessments. both annual and special. shall become a lien
upon the lot on the date they become due and payable.
Annual assessments for common expenses shall be made for the calendar year
annually in advance on or before the second Monday in December of the year
preceding that for which the assessments are made, and special assessments at
such other additional times as in the judgment of the Board of Directors,
additional common expenses assessments are required for the proper management,
maintenance and operation of the common areas. Such annual assessments shall
be due and payable in twelve equal monthly installments commencing on the
lot day of January and the let day of each and every month thereafter. J
Spacial assessments shall be due and payable as determined by the Board of
Directors. If an annual assessment is not made. there shall be an assessment
In the amount of the last prior annual assessment which shall be due and
payable as above sat forth.
Section S. The assessments against all lots shall be not forth upon a
roil of the lots which shall be available in the office of the. Association for
inspection at all reasonable timen by members or their duly authorized
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representatives. Such roll shall indicate for each lot the name and address.
of the members, the assessments for all purposes and the amounts of all
assessments paid and unpaid. A certificate made by the Association as to
the status of a member's assessment account shall limit the liability of any
person for whom such certificate is made. The Association shall issue such
certificates to such persons as a member may authorize in writing.
Section 6. Assessments and installments thereof paid on or before ten (10)
days afteer the date when due shall not bear interest, but all sums not paid
on or before ten (10) days after the date when due shall bear interest at the
rate of eight percent (8i) per annum from the date when due until paid. All
payments upon account shall be applied first to interest and then to the
assessment payment first due. All interest collected shall be credited to
l the common expense account.
Section 7. No &ember may exempt himself from liability for his contri-
bution towards the common expenses by waiver of the use or enjoyment of any
of the comaon areas and facilities or by the abandonment of his. lot.
Section S. All sums assessed by the Association shall constitute a lien
on each lot on the dates hereinbefore specified which shall be prior to all
other liens except onlys
Tax liens and liens for special assessments in favor of any taxing and
assessing unit, and all sums unpaid on any first mortgage recorded prior to the
date the sums assessed by the Association become a lien.
Such lion may be foreclosed by action in like manner as a foraclonure by
action of a mortgage on real property. The Association shall have the power
to bid in at foreclosure sale. and to hold, lasso, mortgage and convoy the
of so acquired. An action to recover a money judgment for unpaid common
expenses may be brought.
The purchaser at foreclosure sale of a first mortgage of record and his
successors in interest shall upon expiration of the period of redemption, hold
title to the lot free and clear of any existing lien for assessments arising
subsequent to the recordation of said first mortgage, and such purchaser and
his successors In interest shall not be personally liable for such osseasments.
Any such unpaid assessments shall thereupon be spread over and become a lien
on all lots in equal shares.
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ARTICLE VII.
COVENANTS FOR INSURANCE
Section 1. Maintenance of Insurance. Any owner of any improved lot, by
acceptance of an interest, whether or not expressed, covenants to carry,
maintain and timely pay the premium or premiums on a policy of fire, extended
coverage, vandalism, and malicious mischief with all risk endorsement
insurance. Said insurance is to cover at a minimum the entire replacement coat
of the improvement located on each such lot. Said insurance shall be in the
form satisfactory to the Association and shall be issued in the name of the
Association as insurance trustee for the owner, and shall provide that losses
shall be payable to the trustee and the mortgagee of record of the lot . if any.
Notwithstanding any of the above, the Association may elect to secure a master
policy which provides for such insurance. Said master policy shall be issued
in the name of the pssocistion as insurance trustee for the owners, and shall
provide that losses shall be payable to the trustee and mortgagees of record.
if any.
Section 2. Association as Insurance Trustee. In the event of destruction
or damage by causes covered by insurance referred to above. all proceeds of
said insurance coverage shall be payable to the Association as insurance trustee
for the owner of the damaged lot and to the mortgagee of record of the damaged '
lot. Said insurance proceeds shall be applied and administered as followst
a. In the event of an insured loss to a lot, all. insurance proceeds paid
to the trustee and mortgagee or mortgagees of record of the damaged lot and
shall be deposited in a title Insurance company acceptable to them to be held
in escrow for restoration.
b. In the event of an insured loss to a lot, the owner of such lot with
respect to which the insurance loss occurs shall within 30 days after the
insurance proceeds are deposited with a title insurance company in accordance
with paragraph a above. anter Into a fire contract with a, qualified builder
providing for the reconstruction of the improvement. In substantially the
some condition as existed immediately prior to the insured lossl provided,
however. that no contract shell be entered into by such owner for an asownt in
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excess of the insurance proceeds then held by the title insurance company
until additional funds are deposited to escrow as above provided by such
owner sufficient to cover all construction as determined by the title insurance
company. Said reconstruction shall be commenced and completed with due
diligence and in no event shall said work be completed later than 180 days
after said insurance proceeds are deposited in escrow as aforesaid. The
Association and mortgagee of record of the lot affected shall have the right,
but not the obligation, to deposit such additional funds in excess of insurance
proceeds as may be required to permit construction as herein provided.
c. In the event such owner fails to enter into a contract as provided in
paragraph b above, for the reconstruction of the improvement as provided above;
or in the event that reconstruction is not commenced or completed as provided
above, then the trustee with consent of the mortgagee of record, or the mort-
gagee of record with the consent of the trustee shall have the right, but not
the obligation to enter into those contracts which it deems necessary to
complete said reconstruction of the improvement of the lot, and the trustee
or mortgagee shall have the right to have said insurance proceeds applied in
i
satisfaction of any obligations incurred pursuant to said contract, without
liability of any kind to the owner. The Association or the mortgagee may employ
any bonded party or parties as its agent in exercising those functions given
to it in this Section 2. The Association or the mortgagee shall be empowered
to pay said agent a reasonable fee for the services rendered by said agent and
collect •aid charge frac the owner, and in the same manner as that which is
provided to Section 4 below, for the collection of an insurance premium paid
by the Association.
1 d. Disbursement of funds on deposit pursuant to paragraph a above, for
contracts for reconstruction entered into under paragraphs b and c above,
*-hall be made by the title insurance company selected as hereinabove provided,
subject to the followingo
(1) Article IX of these covenants entitled "Architectural Control
Committee" shall apply to all said reconstruction.
(2) Receipt by the title insurance company of written consent of any
party holding a lies or encumbrance on said lot.
(3) Receipt by the title insurance company of such construction statements.
lists of subcontractors. lien waivers and receipts as it shall determine to
be appropriate. Disbursements may be ,periodic or progress payments, and the
title insurance company may make such inspections and withhold such payments
as it deems necessary to insure completion in compliance with plans and
specificat tons. The title insurance company shall be entitled to charge and
the trustee shall be empowered to pay a reasonable fee for the services
rendered by the -title insurance company, and the trustee may collect such
charge from the owner, and in the same manner as that which is provided for
in Section 4 below, for the collection of insurance premiums paid by the
Association.
(4) In the evebt a contract to entered into pursuant to paragraph b above.
the written consent of such owner to said payment.
e. Nothing contained in this Section 2 shall be construed to make the
Association or the mortgagee of record responsible for collection or non -
collection of any insurance proceedsl said Association or mortgagee being
responsible solely for the insurance proceeds which come into their hands.
Such owner of a lot damaged or destroyed by causes referred to above shall
collect or cause to be collected from the insurance carrier involved the
proceeds of the policy covering his lot. for the use of the trustee and
mortgagee as hero inibove provided.
f. In the event that a reconstruction contract is, for any reason, not
entered into pursuant to the provisions of paragraphs b and c above, within
180 days after deposit of insurance proceeds with the title insurance company.
os herein provided, said title insurance company shall disburse said proceeds
to the mortgagee of record of the affected lot as its interest appears to
retire the indebtedness secured under said mortgage. and disburse the
remaining deposits, if any. to such lot owner. as the interests may appear.
Section 3. Waiver of Subrogation. All policies of physical damage
insurance shall contain waivers of subrogation and waivers of any defense
based on co-insursace or of invalidity arising from any acts of the Insured
and it shall provide that such policies may not be cancelled or substantially
modified without at least ten days' prior written notice to all of the
insureds and all of the mortgagees of roeord of the lots.
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Section 4. Lien for Premiums. The Association may but shall not be
required to make payment of insurance premiums on behalf of any owner who
becomes delinquent in such payment. In the event that the Association does
make such payment. then such payment and the cost thereof shall be treated
as if it is part of the monthly assessment as described in Article VI hereof
and shall be a charge on the lot and a continuing lien on the lot for whose
benefit such premium payment is made and also the personal obligation of the
owner of such property at the time when such premium payment is made.
ARTICLE VIII.
PARTY. WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as
Cpart of the original construction of the homes In Maparlund Plasau and placed
on the dividing line between the lots shall constitute atparty wall and to the
extent not inconsistent with the provisions of this Article. the general rules
of law regarding party walls and of liability for property damage due to
negligent or willful acts or omissions shall apply thereto.
Section 2« Share of Repair and Maintenance,. The cost of reasonable repair
and,maintenance of a party wall shell be shared by the owners who make use of
Om wall in proportion to such use.
Section S. Destruction by Fire or Other Casualty. If a party wall is
destroyed or damaged by fire or other casualty, either owner who has used the
wall may restore it, and it the other owner thereafter makes use of the wall
he shall contribute to the coat of restoration thereof in proportion to such
use without prejudice, however, to the right of any such owner to call for a
larger contribution from the others under any rule of lav regardinn liability
for negligent or willful acts or omissions.
Section 4o Weatherproofing. Notwithstanding any provisions of this
Artlelo, any owner, who, by his negligent or willful act, causes the party wall
to be exposed to the elements shall bear the whole cost of furnishing the
necessary protection againsts such elements.
Section S. Right to Contribution Runs with Land. The right of any onwer
to contribution from any other owner under this Article shall be appurtenant
to the lot and shall pass to such owner's successors in title.
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Section 6. Arbitration. In the event of any dispute arising concerning
a party wall, or under the provisions of this Article, each party shall choose
one arbitrator and such arbitrator shall choose one additional arbitrator and
the decision of a majority of all the arbitrators shell be final and
conclusive of the question involved.
ARTICLE IX.
ARCHITECTURAL CONTROL COMMITTEE
'Review by Committee. From and after the completion of construction and
t►wcvl,.na P i.a.o.
sale of any lot within ' ., no building, fence, wall or other
structure shall be commenced, erected or maintained upon such lot . nor shall
any exterior addition to or change or alteration therein be made until the
plans and specifications showing the nature. kind, shape, height. materials and
location of the same shall have been submitted to and approved in writing as
to harmony of external design and location in relation to surrounding structures
and topography by the Association or by an architectural committee composed of
three or more representatives appointed by the Association. In the event the
Association fails to approve or disapprove such design and location within thirty
(30) days after said plans and specifications have been submitted to it or in
any event if no suit to enjoin the addition, alteration or change has been
commenced prior to the completion thereof, approval will not be required and
this Article shall be deemed to have been fully complied with. The prevailing
party in an action brought by the Association pursuant to this Article shall
be deemed entitled to recover from the other party reasonable attorneys' fees
together with all necessary costs and disbursements in connection therewith.
ARTICLE X.
EXTERIOR AND INTERIOR MAINTENANCE
Section 1. lxterior Maintenance. In addition to maintenance upon the
coffin areas, the Association may grovide exterior staintegFe upon each lot
which is subject to assessment under Article VI hereof as followai to paint,
repair, replace, or recondition roofs, gutters. downspouts, este rior building
surfaces, trees, shrubs, grass. walks and roadways.
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Section 2. Interior Maintenance. In addition to the maintenance described
in Section 1 hereof, the Association may also provide the maintenance of sever
and water lines and systems which may lead to or are in or under the dwellings
and which lines and systems are owned by the Association.
Section 3. Assessment of Cost. The cost of such exterior and interior
maintenance shall be assessed against the lot upon which such maintenance is
done and shall be added to and become a part of the annual assessment to which
such lot is subject under Article VI hereof; provided that the Association,
when establishing the annual assessment against'each lot for any assessment year
as required under Article VI hereof, may add thereto the estimated cost of
the exterior and interior maintenance for that year but shall thereafter make
such adjustments with the owner as is necessary to reflect the cost thereof.
Section 4. Access at Reasonable Hours. for the purpose solely of
performing the exteflor and interior maintenance authorized by this Article, the
Association, through its duly authorized agents or employees, shall have the
right after reasonable notice to the owner, to enter upon any lot at reasonable
hours of any day.
ARTICLE X1.
EASEMENTS
Section 1. Extent of Mutual Easements. The title of a lot shall include
an exclusive easement on the adjoining lot or lots on areas occupied by fire-
places, roof overhangs, air conditioning compressors, decks, balconies, flower
boxes. utility installations and other appurtenances. which are part of the
original construction of any improvement on a lot or which are added pursuant
to the provisions of Article IX hereof. The title of the adjoining lot or
lots shall be subject to such easements.
Section 2. Other Rights and Obligations of the Association. The Association.
subject to the rights of the owners as set forth in this Declaration, shall be
responsible foil. and be vested with. the exclusive management and control of
the common areas and all improvements thereon (including furnishings and
equipment related thereto), and shall keep the same in good, clean, attractive
and sanitary condition, order and repair.
There shall be no obstruction of the common areas except construction
materials and equipment during the construction period or except as specifically
provi M A herein. Nothing shall be altored on. cougtructcd in, or remuvad from
the common areas except upon the prior written consent of the Association.
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Nothing contained in this Declaration shall be construed or deemed to
constitute a dedication, express or implied, of any part of the common areas
to or for any public use or purpose whatsoever.
ARTICLE 111.
ADDITIONAL RESTRICTIONS
Section 1. No lot shall be used except for residential purposes except
that Deveioper shall be entitled to maintain Model Townhouses upon the lots.
Section 2. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot except that dogs, cats or other household pets may
be kept, provided they are not kept,. bred or maintained for any commercial
purpose.
Section 3. No sign of any kind shall be displayed to the public view on
ony 'lot. except that a "For Sale" sign may be displayed provided that it is in
such form as the Association may require, except that Developer shall be
permitted to,erect and maintain upon the properties such signs as it deems
appropriate to advertise the development until the Developer conveys the last
lot .
' Section 6. Garbage, rubbish and trash shall not be kept on a lot except
In sanitary containers. All incinerators or other equipment used or kept for t
the storage or disposal of such material shall be kept In a clean and sanitary
condition.
Section S. No noxious or offensive activities shall be carried on upon
any lot nor shall anything be done thereon which may a or may become an annoy-
ance or a nuisance to the neighborhood.
Section 6. No structure of a•temporory character, trailer, basement, tont.
shock, garage. barn or other building shall be used on any lot or the comm
areas at any time as a residence, either temporarily or permanently.
Section T. No television or radio antennae shall a erected or placed upon
this exterior of a lot.
Section S. No clothes lines shall be permitted upon a lot.
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Section 9. Each lot shall be used for residential purposes only. No
improvement or structure whatever, other than single family dwelling houses.
together with any garage, fence, patio, or other structure accessory to the
dwelling house and approved by the Architectural Control Committee may be
erected. placed, or maintained.
Section 10. All sporting equipment, toys, outdoor cooking equipment.
(except permanent installations), and other equipment and supplies necessary
or convenient to residential living shall be enclosed or shall be screened
from view. The storage or collection of rubbish of any character whatsoever,
any material that emits foul or obnoxious odors, the growing of any noxious
weed or other natural substances, and the harboring of the source of any noise
or activity which disturbs the peace, comfort or serenity of owners is
prohibited. No lot shall be used for the storage of materials not customary
to or necessary and convenient for residential living.
ARTICLE XIII.
GENERAL PROVISIONS
Section 1. Duration. The easements created hereby shall be permanent
and the covenants and restrictions contained in this Declaration shall run
with and bind the land and shall inure to the benefit of and be enforceable by
the Association or the owner of any lot subject to this Declaration, their
respective legal representatives. heirs, successors and assigns, for a term
of twenty (20) years from the date of this Declaration is recorded, after
which time sold covenants and restrictions shall be automatically renewed for
successive periods of tan (10) yenre.
Section 2. Amendment. This Declaration shall not be amended unless (all
of the members) (not less than 517 of the members) and (all mortgagees of
record) (not less than 517 of the mortgagees of record) agree to ouch amendment.
Section 0. Noticen. Any notice required to be sent to any member or owner
under the provisions of this Declaration shall be,deemod to have been properly
sent when mailed postpaid to the last known addreso of the person who appears
as member or owner on the records of the Association at the time of such mailing.
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Section 4. Enforcement of these covenants and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or
attempting to violate any covenant or restriction either to restrain violation
or to recover damages and against the land to enforce any lien created by
these covenants; and failure by the Association or by any owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
Section S. The singular shall be deemed to include the plural wherever
appropriate, and unless the context clearly indicates to the contrary, any
obligations of the owners or members shall be joint and several except where
the context otherwise requires.
Section 6. Severability. invalidation of any one of these covenants or
restrictions by judgment or Court Order shall in nowise effect any other J
provision which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned., being the Developer herein, has
executed this instrument as of the day and year first above written.
MACARLUND, INC.
By By
Its Its
STATE OF MINNESOTA )
COUNTY OF WRIGHT ) ,
The foregoing instrument was acknowledged before me this _ day of
. 1979, by President, and
Secretary, of Macarlund, Inc.. s Minnesota Corporation. on behalf
of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BYt
Smith 6 Pringle
207 South Walnut Street
Monticelln. M>a 55362
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INWAY
In
Im 94
_ Monticello -Big Koko Communitynursing Horne
September 14, 1979
Mr. Gary Wieber
City Administrator
City of Monticello
Monticello, MN 55362
Re: The improvements made to Washington Street and the proposed development of
Lower Monticello.
Dea r Mr. Wi eber: ~
In the past the Nursing Home has enjoyed a relatively isolated location on Fourth
and Washington Streets with the BurlInoton- Northern Rail Line serving as the
southern boundry to our part of Monticello. The extension of Washington Street and
the proposed housing has raised concerns of and for the residents and staff of the
Monticello -Big Lake Community Nursing,Home. A number of these concerns are listed
bei ow: _
1. The safety of our residents, visitors, and staff is our primary concern. We
fee—1 very strongly that the extension of Washington Street will have a definite
impact on the welfare of all those -involved with the Nursing Home.
j• �
A. The volume of traffic will increase in front of the, Nursing Home. A
traffic pattern will develop to�and from Broadvra; and Highway 94 and
Cedar Street areas. This traffic will ineludethose going to the Junior
and Senior High School and those using the thoroughfare as a shortcut to
bypass the downtown area.__
B. The speed of the traffic will increase the hazard to everyone., especially
our senior citizens. Washington Street is and will continue to be utilized
in a number of ways, and the speed of the traffic is a concern.
C. Families and visitors pick up and drop off residents in front of the
Nursing (tome. Our handicapped parking spaces are located on Washington
Street. The speed of the traffic wil 1 have a definite effect on the
utilization of the street by the handicapped and our seniors.
D. A number of our residents like to stroll the street, but they may he afraid
to cross at the intersections because there is presently no assurance that
they will be safe in doing so. A few of our residents tend to wander away
from the facility. They may be disor iented or confused; and without some
traffic restrictions, the risk to these residents will he greatly increased.
The risk might decrease if the Nursing Ilon,e were to lock all the doors, but
that is something we cannot and will not do.
f o,,rt it and LIJcnhington m)ni (enc>.n n �')W (619) PV') 5'!u
Monticello -Big lake Community nursing Horne
September 14, 1979
Page 2
E. The staff presently utilizes a parking lot across the street from the
Nursing Home, and additional marking and signs may be in order.
F. There is also a bus stop for the elementary school children located
near Third and Washington Streets, facing the High School.
G. In addition to the problems we face with the improvements to Washington
Street, there are two additional roads that intersect with Washington
Street directly in front of the facility.
2. Our secondary concern is the increased density.of population in our neighbor-
hood. The higher density and increased utilization of this area will have a
definite impact on the traffic patterns; and, again, we are seriously concerned
about the existing hazards in the area. _
3. Our last concern is with the'aesthetic value of the proposed housing in relation
to the neighborhood. We would like to see the neighborhood remain single fanily,
residential dwellings. We realize that the area has already been zoned for greater
use, but we would like our concerns known. -
The recommendations of the staff and residents of. the Monticello -Big Lake Community
Nursing Home are to: ^��
1. Install three (3) stop sions at•the intersection of Fourth and Washington
Streets to ensure a complete three-way'stop.., .
2. Install stop signs at the railroad tracks in order to halt traffic traveling
in either direction:----- ` f .%
3. Post "slow" signs along Washington Street near the Nursing Home.
4. Consider very carefully the impact that the higher density will have on the
Comitiunity Nursing Home.
5. Locate parking lots in such a way that the traffic will flow away from the
Nursing [tome.
6. Provide a sufficient number of crosswalk areas that will be clearly marked
for that purpose.
Sincerely,
Till RI'SIDF.NIS AND STAFF OF THE
h1011TIC1.1.1.0-BIG LAKE COMMUNITY NURSING H014E
cc: Monticello City Planning Commission
Mr. Gordon Jacobson
( r()"rLiiiimid l!_Jobhogton Montccllo.mn !x!,562(619)WS511a
t
AGENDA
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, October ]d, 1979 - 7,30 P.M.
Memberse James Ridgeway, ::, Dave Bauer, Ed Schaffer,
Cc :-Map" . Loren Klein (ex -officio).
✓ 1-A. Approval of Minutes - Regular Meeting of September 18, 1979
V1 -B. Public Nearing - Consideration of Recomending Approval of
a Preliminary Subdivision Plat - Curtis Hoglund.
✓2. Public Hearing - Consideration of Request for Conditional
Use for Townhouses - Curtis Hoglund.
�. Consideration of a Variance Request - Lori Vogt.
.J WL.
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AGENDA SUPPLEMENT
1-B. Public Hearing - Consideration of Recommendinq approval of a Prelimin-
ary Subdivision Plat - Curtis Hoglund.
Mr. Curtis Hoglund has submitted a request to subdivide the property
where Curt's Storage and Sales is located on East Broadway.
This property is zoned R-3 and B-4 and is approximately 10 acres
in size. A parkland dedication or cash contribution would have to
be made as per ordinance.
The first draft of the preliminary plat,which will be named Macar-
lund Plaza, was submitted to our City Engineer, John Bad Itch, and
came back with the following comments,
A. Monticello Ordinance Section 11-4-1(A)2 requires a boundary survey
that ties into the Government Subdivision corners.
B. Sections 11-4-1(B)4 6 5 refer to locations of existing property,
right-of-way, etc. within a distance of 350' of the proposed plat.
The houses on the Morris Hoglund and Hoglund Addition should be
sham. The lots on the north side of Mississippi Drive which
would include Lots 5 through 13, Block 1, and Lots 1 through 5,
Block 2, Hoglund Addition, should also be shown with the owners'
names. Note that Hoglund Addition to incorrectly spelled.
C. Sections 11-4-1(B)2 6 7. A grading plan (not included) should
be prepared especially for the townhouse area as some stoop grades
will be encountered on the north aide.
D. Section 11-4-1(B)B relates to the sower and water system. The
availability of sower and water to the plat wan discussed at the
City Council meeting on August 13, 1979. The agenda supplement
for that meeting fairly well sots forth alternatives for providing
sower and water service to the proposed plat. (A copy of that portion
Of the supplement to enclosed for Planning Commission reference.)
The owner of the property was mods aware of those comments and require -
mento, and a occond draft of the preliminary plat wan submitted to
our City Engineer for his rocoomendations.
At the timo of thio writing, however, there have been no further commento
from Mr. Badalich. It does appear, though, that the second draft of
the preliminary plat does include those items called to our atten-
tion by the engineer. If he has any further comaonto to make, they
will be available at the time of the meeting on Tuesday, and could be
included as a contingency of roccconanding approval of thin preliminary
plat of Macarlund Plaza. LL
POSSIBLE ACTIONi Consideration of recaoaaonding approval or denial of
this subdivision request.
REPERENCEO, Map showing general location] preliminary plat which to
enclosed and latter from John Bad Itch. Also, portion of
8/13/79 Agenda GUpplement.
APPLICAWa Curtis Hoglund
c.
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PLANNING COMMISSION - 10/16/79
2. Public Hearing - Consideration of Request for Conditional Use for
Townhouses - Curtis Hoglund.
In reference to Item 1, Mr. Hoglund is also making application to
develop townhouses on all of the Macarlund Plaza property except
Lots 1 - 6 of Block 1.
All of the lots on Block 2 through 11 and Outlot A would be involved
in the townhouses.
Basically, a townhouse would be located on one of the lots of Block 7
through 11, which would have an attached garage. Along with
the townhouse, there would be a single detached garage on one of
the lots an Block 2 through 6.
As per Monticello ordinance, an association agreement has been pre-
pared by Mr. Hoglund's attorney, which outlines maintenance agree-
mente for the common ground on the development, and other joint owner-
ship requirements of those owners within the townhouse development. j
Gary Pringle, the City Attorney, has given his preliminary approval
to the document, but may have one or two comments for Tuesday
night's meeting. Yi
POSSIBLE ACTION, Consideration of recommending approval or denial
of this conditional use request. Y
REFERENCES( Sarno as in item 1 above, and an enclosed copy of the
Association Agreement.
3. Consideration of a Variance Recrueot - Lori Vogt.
Lori Vogt, on behalf of a client who wishes to remain anonymous at
this time, has applied for a variance to allow an individual to
operate a beauty shop within their own home. Located on A of Lot 3
and all of Lots d c 5, Block 38, Lower Monticello. This property is
presently owned by Ralph !(iffmoyor. Zoned R-2. Beauty shops are °
allowed in a 9-1 zone. 4
A home occupation is defined as follows(
'Any gainful occupation engaged in by the occupants of a 7,,1
dwelling at or from the dwelling. Such activity shell be
clearly incidental and secondary to the residential useof the promises. Pormiooable home occupations onall notinclude the conducting of a retail busin000 other than bymail, manufacturing business, or a repair chop of any kindon the premises, and no stock in trade shall be kept or sold.
No other then poracno residing an the promisor shall be employad,
and no mechanical equipment shall be employed that is not cus-
tomarily found in the home and no more than one (1) room may be
devoted to home occupation use. Such home occupation shall not
require internal or external alterations or involve construction
features not customarily found in dwellings. The entrance to th(
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PLANNING COMMISSION - 10/16/79
space devoted to such occupations shall he within the dwelling.
There shall be no exterior display, no exterior signs except as
allowed in the sign regulations for the zoning district in which
such home occupation is located. There shall be no exterior stor-
age of equipment or materials used in the home occupation. No home
occupation shall be permitted which results in or generates more
traffic than one (1) car for off-street parking at any one given
point in time. Permissable home occupations include, but are not
limited to the following: Art Studio, Dressmaking, Special Offices
of a Clergyman, Lawyer, Architect, Engineer, Accountant, or heal
Estate Agent or Appraiser, when located in a dwelling unit occupied
by the samei and Teaching, with musical, dancing and other instruc-
tion limited to one (1) pupil at one time."
A variance would be necessary to allow mechanical equipment other than
normally found in the home, and a sign is also requested.
If the variance were granted, the prospective owner would agree to a
condition of the variance which would allow only the owner to work
in the shop.
At this time, there have been no comments pro or con offered by any
affected neighbor.
POSSIBLE ACTION, Consideration of recommending approval or denial
of this variance request.
REPERENCESi Map enclosed depicting location of property. OR
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01 r 1'
ADDITIONAL SUPPLEMENT
Consideration of Approval of Simple Subdivision of Land - Troy Chaplin
and Lawrence Hoyt.
Mr. Troy Chaplin, who owns Lot 1 of Block 1 in Hoglund Addition, and
Mr. Lawrence Hoyt who owns a lot immediately to the east of Mr. Chaplin,
would like to exchange portions of their lot to resolve a problem which
came about after it was found out that Mr. Hoyt's driveway was on part of
the land owned by Mr. Troy Chaplin.
Mr. Hoyt has agreed to exchange a triangle parcel from his lot which is
approximately 1,675 square feet and depicted on the enclosed map and
described as follows;
That part of Lots 1 and 14, Auditor's Subdivision No. One, accor-
ding to the recorded map thereof of record and on file in the
Office of the County Recorder, Wright County, Minnesota, described
as follows,
Commencing at the northeast corner of Section 13, Township 121,
Range 251 thence south along the east line of said Section 13,
a distance of 297.3 foot to the center of State Aid Road Number 39
thence west along the center of said State Aid Road Number 39,
to the southeast corner of Hoglund Addition, according to the
recorded plat thereof of record and on file in the Office of the
County Recorder, Wright County, Minnesotal thence north along the
east line of said Hoglund Addition to the southeast corner of
Let 1, Block 1 of said Hoglund Addition; thence continuing north
along said cast line, a distance of 82.13 feet to the actual point
of beginning; thence northerly deflecting lie 03' 31- right to the
shoreline of the Mississippi River; thence westerly along said
shoreline to the intersection of paid east line of Hoglund Addition;
thence south along said east line to the point of beginning.
In exchange for this parcel, Mr. Hoyt would pick up a triangle parcel
which would be approximately 700 square feet, and described no follows,
That part of Let 1, Block 1, Hoglund Addition, according to the
recorded plat thereof of record and on file in the Office of the
County Recorder, Wright County, Minnesota, described as followos
Beginning at the southeast corner of said let 1, thence westerly
along the south lino of said Let 1, a distance of 16.00 foot;
thence northerly to a point on the cast line of said Lot 1,
distant 82.13 fact north of the southeast corner of said Lot 1;
thence oeuth along said east lino to the point of beginning.
According to Monticello Ordinance Section 11-1-7, this qualifies as a
simple subdivision and only needs the recomsendation of the Planning
Commission and final approval by the City Council with proof that it
has boon proporly recorded for acceptance. This exchange would neither
reduce anybody's lot size loss than the minimus requirements, nor would
it reduce the minimum width that is required by ordinance. In fact, it
would actually resolve a current legal non -conforming use in that Mr.
Ibyt'a halo now is loos than 10' from his sidoyard line, and this sub-
division would actually place the property lino at its closest point
1117" from hie newly created property line.
POSSIBLE ACTION+ Consideration of recommendation to the City Council
of the single subdivision.
Enclosed plat map depicting exchanges of land.
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