HomeMy WebLinkAbout2002-08-22 WC Recorded Document #3259141 - Amendment to Declaration of Cross EasementsWASHINGTON COUNTY, MENNESO;AN
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MOLLY E O'ROURKE, AUDffOR- . ._ ....
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Return to:
Robert G. Briggs
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
DEPUTY
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Office of the
County Recorder
Washington County, MN
Certified flied and /or recorded on:
2002/08/22 3 :36 :00 PM
AMENDMENT TO DECLARATION
OF CROSS EASEMENTS
3259141
3259141
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Cindy Kooemenn
County Recorder
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AMENDMENT TO
DECLARATION OF CROSS CASEMENTS
This Amendment is made this day of July, 2002, by W.A.T.E. Enterprises,
Inc., a Minnesota corporation, (hereinafter "W.A.T.E. "), Human Services, Inc., a non-
profit corporation under the laws of the State of Minnesota, (hereinafter "Human
Services "), and jointly herein referred to as "Declarant"
RECITALS
1. W.A.T.E. is the owner of Lots 1, 2, 3, 5 and 6, Block 1, WATE Addition,
and Lot 4, Block 2, Kern Center 2' Addition.
2. Human Services is the owner of Lot 4, Block 1, WATE Addition.
3. Heritage National Bank has Mortgages and Assignments of Rents against
the property described as follows:
Lot 1, Block 1, WATE Addition — Document Nos. 3118486 and 3118487;
Lot 2, Block 1, WATE Addition — Document Nos. 313 8032, 3138033,
3118486 and 3118487; and
Lot 5, block 1, WATE Addition -- Document No. 3185077.
4. Stillwater West, LLC has an unrecorded Mortgage against Lot 2, Block 1,
WATE Addition.
5. W.A.T.E. Enterprises, Inc. on June 30, 2000, recorded a Declaration of
Cross Basements affecting Lots 1 through 6, inclusive, Block 1, WATE Addition, as
Document No. 3110545, in the office of the Washington County Recorder (hereinafter
referred to as the "Declaration "), a copy of which is attached hereto as Exhibit A.
6. Paragraph 10 of said Declaration provided that W.A.T.E. as Declarant
could within one year of recording add as additional property subject to said easement,
Lot 4, Block 1, Kern Center 2 Addition. The Declaration contained a typographical
error in that said paragraph 10 should have provided that the declarant had the right to
add additional real estate to the easements described as Lot 4, Block 2, Kern Center 2
Addition.
7. W.A.T.E. desires to add as additional real estate subject to the provisions
of the Declaration recorded as Document No. 3110544, Lot 4, Block 2, Kern Center 2
Addition.
8. W.A.T.B. and Human Services desire to amend the Decimation to add
additional maintenance responsibilities for the Property Owners Association.
9. The Property Owners Association referenced in paragraph 2 of the
Declaration was incorporated as Winn Business Center Owner's Association and the said
Articles of Incorporation have been recorded in the office of the Washington County
Recorder on June 30, 2000, as Document. No. 3110543 and the Bylaws for said
Association have been recorded on the same date as Document No. 311 0544. Copies of
these documents are attached hereto as Exhibits B and C.
NOW THEREFORE, in consideration of the foregoing recitals and other good
and valuable consideration, it is hereby agreed:
1. Paragraph 5, Repair and Maintenance Defined in the Declaration of Cross
Easements recorded as Document No. 3110545 shall be amended by adding
the following as the first sentence in said Paragraph 5, to -wit:
"With respect to sump manholes, repair and maintenance shall include the
monitoring of the manholes and the sediment removal and disposal as
necessary or as required by the City of Oak Park Heights, the valley Branch
Watershed District or any other governing body."
2. Paragraph 10, Right to Add Additional Real Estate is hereby amended by
deletin g the reference to Lot 4, Block 1, Kern Center 2nd Addition and
substituting therefore the correct legal description as Lot 4, Block 2, Kern
Center 2nd Addition, and further by providing that the right of Declarant to add
the additional real estate to the Declaration of Cross Easements shall terminate
three (3) years after the date of recording the Declaration of Cross Easements.
1 The undersigned, W.A.T.E. Enterprises, Inc. and Human Services, Inc. as
Declarant, hereby declare that the real estate described as Lot 4, Block 2, Kern
Center 2 Addition shall be added to and subject to the Declaration of Cross
Easements recorded June 30, 2000, as Document No. 311 0544 and the owner
of said lot shall become a member of the Winn Business Center Owner's
Association as provided in said easement.
IN WITNESS WHEREOF, the undersigned have executed this instrument as of
the date written below.
Dated: - , 2002 W.A.T.E. ENTERPRISES, INC.
STATE OF MINNESOTA
COUNTY OF WASI�INGTON
tary Public
William Zintl, esi. -n
)ss.
On this a.� lay f� � on this .) ofi , 2002, before me, a Notary Public within and for
said County and State, Personall geared William Zintl, to me personally known, who,
being by me duly sworn, did say that he is the President of W.A.T.E. ENTERPRISES,
INC., the corporation named in the foregoing instrument, and that said instrument was
signed on behalf of said corporation by authority of its Board of Directors and William
Zintl acknowledges said instrument to be the free act and deed of said corporation.
JEROME E. SCHMITT
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES
JANUARY 31 2005
Dated: , 2002
STATE OF MINNESOTA
COUNTY OF WASHINGTON
)ss
By:
Its:
HUMAN SERVICES, INC.
On this,A of �� / , 2002, before me, a Notary Public within and for
said County and State, Personally ppeared � ,IOG�f ��f�� , to me
personally known, who, being by me duly sworn, did say that e_ is the
E of HUMAN SERVICES, INC., the corporation named in the
foregoing instrument, and that said instrument was signed on behalf of said corporation
by authority of its Board of Directors and �� ���� � acknowledges
said instrument to be the free act and deed of said corporation.
SUSAN J. OSWALD
NOTARY PUBIC
MX Gomm, Expires Jan. 31, 2005
Heritage National Bank, as Mortgagee of the property described herein, does hereby
consent in all respects to the Declaration or Cross Easements recorded as Document No.
3110545 and to this Amendment to said Declaration of Cross Easements.
Dated: 7 4 5"" , 2002
STATE OF MINNESOTA
COUNTY OF WASHINGTON
YN A PHILLIPPI
Notary Public
Minnesota
My Commission Expires Jan. 31, 2005 i'
CONSENT
Heritage National Bank
)ss.
HERITAGE NATIONAL BANK
By:
Its:
On this day of , 2002, before me, a Nota Public within and for
said County and State, Personally appeared �,, a , to me
personally known, who, being by me duly sworn, did say that SM is the
•p. of HERITAGE NATIONAL BANK, the corporation named in
the foregoing instrument, and that said instrument was si ed on behalf of said
corporation by authority of its Board of Directors and f\
acknowledges said instrument to be the free act and deed of said corporation.
1 -1/.4 p"..4.4.4
Stillwater West, LLC, as Mortgagee of Lot 2, Block 1, WATE Addition, does hereby
consent in all respects to the Declaration of Cross Easements recorded as Document No.
3110545 and to this Amendment to said Declaration of Cross Easements.
Date:
, 2002
STATE OF MINNESOTA
Drafted by:
Robert C. Briggs
Eckberg, Lammers, Briggs,
Wolff and Vierling P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
CONSENT
Stillwater West, LLC
By:
Notary P
STILLWATER WEST, LLC
Ra ! and Kenn
Its: Chief Manager
)ss.
COUNTY OF WASHINGTON )
sr
On this 2.. I' day of At (-7 , 2002, before me, a Notary Public within and for
said County and State, Personally appeared Raymond Kennedy, to me personally known,
who, being by me duly sworn, did say that he is the Chief Manager of STILLWATER
WEST, LLC, the corporation named in the foregoing instrument, and that said instrument
was signed on behalf of said corporation and acknowledges said instrument to be the free
act and deed of said corporation.
RO ERT 0, BRIGGS
NO * PUBLIC- MINNESOTA
O ' Expires Jan. 31, 2005
EXHIBIT A
DECLARATION OF CROSS EASEMENTS
RECITALS
1. W.A.T.E. Enterprises, Inc., a Minnesota corporation (hereinafter "Declarant "), is the
owner of property in Washington County, Minnesota, legally described as Lots 1 through 6,
inclusive, Block 1, WATE Addition.
2. Declarant intends to add an additional two lots located southerly of Lots 5 and 6 within
the next two years and pursuant to PUD approval from the City of Oak Park Heights.
3. Declarant desires to create cross easements whereby the owners of all lots can have the
common use of the bituminous pavement, parking and landscape areas.
3. Declarant also desires to make provisions for the creation of a property owners
association to be responsible for the repair and maintenance of the common use areas.
NOW THEREFORE,' Declarant hereby declares that all of the six lots in Block 1, WATE
Addition and any additional property added as provided in paragraph 9 herein, shall be held, sold
and conveyed subject to the following covenants and easements which are for the purpose of
protecting the value and desirability of and which shall run with the real property and be binding on
all parties having any right, title or interest in the described properties or any part thereof, their-
heirs, successors and assigns, and shall inure to the benefit of each owner thereof:
1. Creation of Cross Easement. Declarant hereby conveys and dedicates the following
easements:
a. A permanent access easement for the purpose of ingress and egress over that
portion of Lots 1 through 6, inclusive, Block 1, WATE Addition depicted as the
joint bituminous pavement area on Exhibit A.
b. A p
ermanent parking easement over that portion of Lots 1 through 6 inclusive,
P
Block 1, WATE Addition depicted as the joint bituminous pavement parking areas
on Exhibit A.
c. A permanent easement over that potion of Lots 1 through 6 inclusive, Block 1,
WATE Addition depicted as the joint landscape areas on Exhibit A.
2. Every owner of the lots which are subject to these covenants shall be a member of a
property owners association set up as a nonprofit corporation in the State of Minnesota.
Membership shall be appurtenant to and may not be separate from ownership of any
parcel which is subject to this easement.
3, initial Construction. The Declarant or lot owner shall be solely responsible for the cost
of the initial construction of the joint bituminous access, parking or landscape areas.
The design and construction of such easement areas shall in all respects conform to
good engineering en ineering practice and all applicable laws and ordinances. Upon completion of
construction the Property Owners' Association shall be responsible for repairs and
maintenance as hereafter provided.
4. Repair and Maintenance. The Declarant for each lot in WATE Addition hereby
covenants and each owner of any lot by acceptance of a deed therefore, whether or not it
shall be so expressed in such deed, is deemed to covenant and agrees to pay to the
association assessments to be established and collected for the repair and maintenance
of the joint bituminous access, parking and landscape areas. The assessments shall be
the personal obligation of the person who is the owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall
t not pass to a successor in title unless expressly assumed by them. All sums assessed to
any parcel shall be secured by a lien on such lot in favor of the association. Such lien
shall bear interest and shall be superior to all other liens and encumbrances on such lot
except only for the liens of taxes and assessments and the lien of a first mortgage duly
recorded in Washington County, Minnesota real estate records prior to the making of
such assessment.
5. Repair and Maintenance Defined. With respect to the bituminous pavement access and
parking areas it is agreed that repairs and maintenance shall include the resurfacing of
the easement areas, the marking of the parking spaces, sweeping, the plowing of snow
and the application of salt or sand as needed. Any further repairs or maintenance
pertaining to the access and parking easement areas shall not be undertaken except with
the express consent of the owners of the property which is subject to this Declaration.
6. Djputes Comcerni of airs or Maintenance to be .Arbitrated. All claims, demands,
disputes, controversies and differences that may arise between the owners of the six Tots
concerning maintenance, repair, ingress, egress or payment shall be settled by binding
arbitration. Such dispute or controversy shall be judged pursuant to the Rules and
Procedures of the American Arbitration Association.
7. Easement Not To B e Obstructed. The easements herein created are for the mutual use
and benefit of the owners of the property subject to this Declaration and shall not be
obstructed except by the vehicles using the area for access and parking. The owners of
the property shall use the rights granted by this instrument with due regard to the rights
of others and their use of such easements shall not in any way impair the rights of the
other owners or guests from using the same.
8. Amendment. The es arti a ee that the provisions of this Declaration may be modified
p �
or amended in whole or in part only with the consent of two - thirds of the owners of the
property. If there is more than one owner of a lot, only one of the owners may cast a
vote. An Affidavit executed by the Secretary of the property's owners association
setting forth the passage of the amendment by the requisite voters shall be recorded in
the office of the Washington County Recorder. Any amendment of this Declaration
without the written consent of any mortgagee shall not be binding upon that mortgagee
provided that the mortgagee's consent shall not be unreasonably withheld or delayed.
9. Easement To Run With the Land. The grant of the easements herein shall run with the
land and be binding upon and inure for the benefit of the owners of Lots 1 through 6,
inclusive, Block 1, WATE Addition, and additional property added pursuant to
paragraph 10 herein, their heirs, successors and assigns.
10. Right to Add Additional Real Estate. Declarant hereby expressly reserves the right to
add additional real estate to this Declaration of Cross Easements. The additional real
estate to be added would be created from Lot 4, Block 1, Kern Center 2nd Addition and
the maximum number of lots that may be created out of such additional real estate is two
( The right of Declarant to add the additional real estate to this Declaration of Cross
Easements shall terminate one (1) year after the date of recording of this Declaration of
Cross Easements.
In the event additional real estate is added to this Declaration of Cross Easements it
shall be the responsibility of the Declarant or the owners of the additional lots to pay
the cost of the construction of any bituminous pavement areas or landscaping areas to
be added to the common use easement areas. The property owners association after the
construction and dedication of such additional easement areas shall be responsible for
the repair and maintenance of the easement areas which costs shall be assessed to the
members of the association as hereinabove provided. All covenants and restrictions
contained in this Declaration of Cross Easements affecting the use, occupancy and
maintenance of the easement areas shall apply to all lots created on the additional real
estate.
EN WITNESS WHEREOF the Declarant has executed this instrument as of the date written
below.
Date: T3;1, 2000
B v ■
■ T .A.T.E. ENTERPRISES, INC.
William Zintl
President
STATE, OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
200 before me, a Notary this day of , , � ary Public within and for
said Coun ty and State , personally appeared William Zintl, the President of W.A.T.E. Enterprises,
In c. a Minnesota corporation, who, being by me duly sworn, did say that he signed said instrument
�
as his own free act and deed on behalf of the corporation.
(Notarial Seal)
This instrument was drafted by:
William Zintl
11255 50 Street North
Lake Elmo, MN 55042
ROBERT G. BRIGGS �
NOTE PUBLUC -MINA
My
Commission Wires Jan. 31, 2005
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EXHIBIT B
ARTICLES OF INCORPORATION
OF
WINN BUSINESS CENTER OWNERS ASSOCIATION'
The undersigned, being of full age, for the purpose of organizing a nonprofit corporation
under the Minnesota Norlprofit Corporation Act, and acts amendatory thereto, does hereby adopt,
sign and acknowledge the following Articles of Incorporation.
ARTICT .F L
NAME
The name of the corporation is Winn Business Center Owners Association hereafter called
the "Association."
ARTICLE II.
REGISTERED ONCE
The registered office of the Association is located at 11255 50 Street North, Lake Elmo,
Minnesota 55042.
The specific purpose for which this Association is formed is to provide for the repair and
maintenance of the common landscape area and bituminous area used in common for the purposes
of ingress, egress and parking on the property described below, and for this purpose to:
ARTIoLE 111.
PURPOSE AND POWER
a. Exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in that certain Declaration of Cross
Easements made by W.A.T.E. Enterprises, Inc. dated June 28, 2000, creating
easements for landscape access and parking purposes over a portion of Lots 1
through 6, inclusive, Block 1, WATE Addition, and over a portion of Lot 4, Flock
1, Kern Center 2nd Addition (or any re -plat of such lot) if added as "additional real
estate."
b. Fix, levy, collect and enforce payment by any lawful means, all charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in
connection therewith and all office and other expenses incident to the conduct of the
business of the Association, including all licenses, taxes or govenirnental charges
levied or imposed against the property of the Association;
c. Have and exercise any and all powers, rights and privileges which a corporation
organized under the Nonprofit Corporation Law of the State of Minnesota by law
may now or hereafter have or exercise;
053
ARTICLE TV
M EMBERSHIP
Every Owner of a Parcel subject to assessment, except as herein provided to the contrary,
E rY
shall be entitled required and uired to be a member of the Association. If title to a Parcel is held by more
persons one person,
each of such ersons shall be a member. An Owner of more than one Parcel shall
be entitled to one membership for each such Parcel. Each such membership shall be appurtenant to
� P
the Parcel upon which it is based and shall transfer automatically by voluntary or involuntary
title of that Parcel. No person or entity other than an Owner or Declarant may be
conveyance of the p
a member of i
the Association, and a membership in the Association may not be transferred except in
connection with the transfer of title to that Parcel.
ARTICLE V.
NO PECUNIARY GAIN; PROHIBITED ACTIVITIES
The Association does not and shall not afford pecuniary gain, incidentally or otherwise, to
its members, directors, or officers, nor shalt any part of the net earnings of the Association in any
way inure private the rivate benef t of any such member, director or officer of the Association, or to any
private shareholder exc
• er or individual except as permitted by Section 5 28 (c)(I)(D) of the Internal
�
�
Revenue Code,
and except that the Association shall be authorized to make reasonable allowance
and payment for actual expenditures incurred or services rendered for or on behalf of the
Association.
ARTICLE VL
VOTING RIGHTS
Members shall be
all Owners of Parcels and shall be entitled to one vote for each Parcel
on e person holds title to any Parcel, all such persons shall be members.
owned. When more than p
The vote for such i
uch Parcel shall be exercised as they among themselves determine, but in no event
be cast with respect to any one Parcel. There can be no split vote. Prior to
shah more than one vote P .
• meeting at which a vote is to be taken, each co- owner or other person entitled
or at the tune of any nmee �
to a vote at such meeting metin shall file with the Secretary of the Association the name of the voting co-
�
owner or other person entitled to vote at such meeting, unless such co -owner or other person figs
filed a g eneral votin authority voting authorz with the Secretary applicable to all votes until rescinded.
ARTICLE VII.
BOARD OF DIRECTORS
a. The number
of Directors constituting the first Board of Directors is two, their names
and addresses being as follows:
Name Address
i
Zintl 11155 50th Street North
I��1aTn
Lake Elmo, MN 55042
The duration of the corporate existence shall be perpetual.
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged
_2:4fr__, 2000, by William Zintl
Drafted by
William Zintl
11255 50 Street North
Lake Elmo, MN 55042
ARTICLE-X.11
DURATION
ARTICLE XIII.
AMENDMENTS
Amendment of these Articles shall require the assent of 75% of members.
WITNESS WHEREOF, the undersigned has hereunto set his hand this day of
2000.
before me this If- day of
•
ROBERT G. BRIGGS
NOTARY PUBLIC-MINNESOTA
My Connission Eret31, 2005
STAr OF MI!' ii3OTA
FILED
JUN 28 2000
942/ /3/44
Secretary of State.
The purpose of the corporation shall be to provide for the repair, and to provide means and
procedures to assessing said members for expenses and costs necessarily incurred in accomplishing such
purposes.
� �
All provisions in the Articles of Incorporation., the Bylaws and rules, regulations and exercises of
powers and directors shall be construed and interpreted in the Tight of such purposes and intentions of the
corporation.
Membership
A. Membership shall be limited to persons owning Lots 1 through 6, inclusive, Block 1, WATE
Addition, Washington County, Minnesota, and Lot 4, Block 1, Kern Center 2 Addition (or a re-
plat of such lot) if added as "additional property" pursuant to the terms of the Declaration of
Cross Easements made by W.A.T.E. Enterprises, Inc. dated June 28, 2000 and recorded in the
Office of the Washington County Recorder.
B. A member shall cease to be a member if and at the time he ceases to be a property owner in the
area hereinabove described.
Ca Members, as defined in the Articles of Incorporation, shall be entitled to one vote for each lot
owned. Where more than one member holds title to any lot, they jointly shall constitute one
member. The vote of the members shall be cast by the person named in a Certifcate filed with
the Secretary of the corporation. If such Certificate is not on file, the vote of such members shall
not be considered.
D._ Votes may be cast in person or by proxy. Proxies shall be voted only for the particular meeting
designated therein and must be filed with the Secretary before the appointed time of the meeting.
55042.
EXHI BIT C
BYLAWS OF
WIN BUSINESS CENTER OWNERS ASSOCIATION
ARTICLE r.
General Purposes
ARTICLE 11.
ARTICLE III.
Offices
The registered office of the corporation shall be at 1 1255 50 Street North, Lake Elmo, vIN
ARTICLE W.
Meeting of Members
Section 1. Place. All meetings of the members shall be held at the registered office of the
corporation, or at such other place as may be designated by the Board of Directors, and notice thereof
given in the official notice of said meeting.
Section 2. Time. An annual meeting of the members shall be held at a time and lace designated
b the Board of Directors when they shall P gn led
y y I elect by majority vote a Board of Directors.
Section 3. Notice of Annual Meeting. Written notice of the annual meeting shall be mailed at
least fourteen days prior to the meeting to each member entitled to vote thereat to the last known address
of such member as same appears upon the books of the corporation.
Section 4. Notice of Special Meetings. Written notice of a special meeting of members, stating
the tune, place and object thereof, shall be mailed to the last known address of such members at least
fourteen days before such meeting to each member entitled to vote thereat.
Section 5. Quorum.. The presence at any meeting, in person or by proxy, of the holders of a
majority of memberships entitled to vote shall constitute a quorum for the transaction of business. Each
member shall be entitled to but one vote. If, however, such majority shall not be present in erson or b-
P y
proxy to adjourn the meeting from time to time, without notice other than announcement at the meeting,
. until the requisite number of voting members shall be represented. At such adjourned meetin g at which
the required number of voting members shall be represented, any business may be transacted which might
v been transacts
have b d at the meeting as originally notifed.
Section 6. Call of Special Meetings. Special meetings of the members, for any purposes, unless
otherwise required by statute, may be called by the President or shall be called by the President and
Secretary at the request, in writing, of a majority of the Board of Directors, or at the request, in writing, q g?
members possessing not less than one-third of the voting power of the membership of the corporation.
Such call shall state the purpose or purposes of the proposed meeting.
ARTICLE V.
Board of Directors
Section 1. Number and Terms of Office. The property and business of this corporation shall be
managed by its Board of Directors which shall consist y l onszst of three members who shall be members of the
corporation, and whose terms of office of the first Board of Directors shall be for terms of one, two and
three years.
Section 2. Election of Directors. One director shall be elected at each annual meeting of
members to fill the office of the director whose term is then expiring. Election shall be by majority vote.
Directors shall serve the tern to which elected or until their successors have been elected and have
qualified.
Section 3. Filling of Vacancy in the office of director, from whatever cause, occurring
between annual meetings of members, shall be filled by the remaining directors; P rovided however, such
director so named to fill a vacancy shall serve only until the next annual meeting of members, at which
time a director shall be elected by majority present and voting to fill such unexpired term..
Section 4. Annual Meetings. The regular annual meetings of the Board shall be held without
notice at the time and immediately following the adjournment of the annual members' meeting, for the
purpose af•election of officers for the ensuing year and to transact such other business as may properly
come before it.
Section 5. Other Meetings. The Board of Directors may meet from time to time and at such
places as may be determined by the Board, at the call of any member thereof, provided reasonable notice
be given other members of the time and place of said meeting, such notice to be given personally ti h � P Y or by
mail. Any action which might be taken at a meeting of the Board of Directors may be done without a
meeting if done in writing, signed by all of the directors.
Section 6. Quorum. At all meetings of the Board, a majority of the directors shall be necessary
and sufficient to constitute a quorum for the transaction of business, and the act of a majority of the
directors present at any meeting at which there is a quorum, shall be the act of the Board of Mors.
ARTICLE W.
Powers of Directors
Ml of the powers and duties of the Association shall be exercised by the Board of Directors,
including those existing under the common law and statutes and the Articles of Incorporation of the
Association. Such powers and duties shall include but not be limited to the following:
A. To make and collect assessments against members to defray the costs of carrying out the
purposes of the Association, including but not limited to, the costs of the repair and
maintenance of the bituminous pavement area used for common. ingress, egress and
parking by the members and the cost of administering and enforcing its Restrictive
Covenants governing the members' property.
Such assessments shall be equally divided among each lot within the property described
above and administered as provided by the Declaration of Cross Easements from
W.A.T.E. Enterprises, Inc. dated June 23, 2000, recorded or to be recorded in the Office
of the Washington County Recorder.
B. To enforce by legal means the provisions of the Articles of Incorporation and Bylaws of
the Association and the Declaration of Cross Easements from W.A.T.E. Enterprises, Inc.
dated J•unne 28, 2000, recorded or to be recorded in the Office of the Washington
County Recorder.
ARTICLE VII.
Officers
Section 1. Board of Directors. The Board of Directors at its first meeting and its first meeting
after each annual meeting of shareholders shall elect a President from its own number and the Board shall
also annually elect a Vice President and a Secretary/Treasurer, none of whom need be a member of the
Board. The President shall hold office until his successor is elected notwithstanding an earlier
termination of his office as director. A Vice President who is not a director may not succeed to the office
of President.
Section 2. Other Officers. The Board may appoint such other officers and agents as it shall deem
necessary, from time to time, who shall hold their offices for such terms and shall exercise such powers
and perform such duties as shall be determined from time to time by the Board.
Section 3. Terms of Office. The officers of the corporation shall hold office for one year or until
their successors are chosen and qualify in their stead, notwithstanding an earlier tee ui,nation of their
office, as any officer elected or appointed by the Board of Directors may be removed by the affirmative
vote of a majority of the whole Board of Directors with or without cause.
Section 4. President. The President shall be the chief executive officer of the corporation; he
shall preside at all meetings of the members and directors; he shall have general active management of the
business of the corporation and shall see that all orders and resolutions of the Board are carried into
effect. He shall be ex-officio, a member of all standing committees, and shall have the general powers
and duties of supervision and management usually vested in the office of the President of the corporation.
Section 5. Vice President. The Vice President shall, in the absence of disability of the President,
perform the duties, exercise the powers of the President, and shall perform such other duties, as the Board
of Directors shall prescribe.
Section 6. Secretary/Treasurer. The Secretary/Treasurer shall attend all sessions of the Board of
Directors and all meetings of the members and record all votes and the minutes of all proceedings in a
book kept for that purpose and shall perform like duties for the standing committees when required. The
Secretaryf I"rea rarer shall give, or cause to be given, notice of all meetings of the members and of the
Board of Direc :ors, and shall perform such .other duties as may be prescribed by the Board of Directors or
President. The Secretary/Treasurer shall have the custody of the corporation funds and securities and
shall keep full and accurate account of receipts and disbursements in boos belonging to the corporation
and shall deposit all monies and other valuable effects in the name and to the credit of the corporation in
such depositories as may be designated by the Board of Directors. The Secretary/Treasurer shall disburse
the funds of the corporation as may be ordered by the Board, taking the proper vouchers for such
disbursements, and shall render to the President and directors at the regular meetings of the Board, or
whenever they may require it, an account of all transactions and of the financial condition of the
corporation.
Section 7. Vacancies. If the office of any officer or agent becomes vacant by reason of death,
resignation, retirement, disqualification, removal from office, or otherwise, the directors then in office,
although less than a quorum, by a majority vote may choose a successor or successors, who shall hold
office for the unexpired term in respect of which such vacancy occurred.
ARTICLE VIII.
Miscellaneous
Section 1. Inspection of Books. Members shall be permitted to inspect the books of the
corporation at all reasonable times.
Section 2. Checks. All checks and notes of the corporation shall be signed by the
Secretary/Treasurer and countersigned by either the President or Vice President or by such other officers
or agents as may from time to time be designated by resolution of the Board of Directors.
Section 3. Fiscal Year. The fiscal year shall begin on the first day of January o reach year;
Section 4. Directors' Annual Statement. The Board of Directors shall, at each meeting and when
called for by a vote of members, present a full and clear g
e � p ear statement of the business and condition of the
corporation.
These Bylaws may be amended only by a three - fourths vote of members present and voting at
any regular or special meeting of the members, provided that notice of said proposed amendment or
amendments shall have been incorporated in the office of such meeting given pursuant to the provisions
of Article N of these Bylaws.
The foregoing were adopted as the Bylaws of the Owners Association, a non -profit corporation,
under the laws of the State of Minnesota at the jfiei.i-d-7-*
un first meeting of the Board of Directors on � ,
2000.
Approved:
ARTICLE IX.
Corporate Seal
The corporation shall have no corporate seal.
ARTICLE X.
Amendments of Bylaws
STATE OF MINNESOTA
SS.
COUNTY OF WASHLNGTON )
On this 2,1-- day of - �'
2000, before nee, a Notary Public within and for said
County and State, personally appeared °4evi 2/ r h44 2 -titiT6 me personally known., who,
being each by me duly sworn, did say that they are the Secretary and President of�� )
ar3' fc
Owners Association, the corporation named in the foregoing instrument, and that
said instrument was signed of behalf of said corporation by authority of its Board of Directors and
.4•- ��t ° - � ; acknowledge said instrument to be the free act and deed of said
corporation.
(Notarial Seal)
ROBERT G. BRIGGS
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan. 31, 2IX35
Tills iNsTRurviarr WAS DRAFTED BY:
William Zintl
1 1255 50 Street North
Lake Elmo, MN 55042