HomeMy WebLinkAbout2002-08-22 WC Recorded Document #3259141 - Amendment to Declaration of Cross EasementsWASHINGTON COUNTY. IIalI`A N.
- 2 - 4 2
MOLLY F. O'ROURKE, AUD t,-
Return to:
Robert G. Briggs
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLINQ,
1835 Northwestern Avenue
Stillwater, MN 55082
/15
DEPUTY
/1 s)e
AMENDMENT TO DECLARATION
OF CROSS EASEMENTS
/2-2_
'ter 1/4'4 3 iye
1
3259141
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11
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Office of the
County Recorder
Washington County, MN
Certified filed endWOF recazded af;
2002108122 3:36:00 PM
3259141
t!ndy Kaman
County/ Retarder
AMENDMENT TO
DECLARATION OF CROSS EASEMENTS
This Amendment is made this 3 day of July, 200 2, by W e A.T. E. Enterprises,
Inc.., a Minnesota corporation, (hereinafter " ". A. TRE. "), Hunan 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. ' .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,
1 Heritage National Bank has Mortgages and Assignments of Rents against
the property described as follows:
Lot 1, B1ae& 1, WATE Addition Document Nos. 3118486 and 3118487;
Lot 2, Block 1, WATE Addition -- Document Nos. 3138032, 3138033,
3118486 and 3118487; and
Lot 5, block 1, WATE Addition - Document No. 31 85077,
4. Stillwater West, LLC has an unrecorded Mortgage against Lot 2, Block 1,
WATE Addition.
5+ '.A.T.E_ Enterprises, Inc. on June. 30, 2000, recorded a Declaration of
Cross Easements 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 "D eelarati ou "), a copy of which is attached hereto as Exhibit A.
Paragraph 10 of said Declaration provided that .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, . 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 "
Addition,
8. .A.T.E. and Human Services desire to amend the Declaration 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. 311 0543 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, iZe air aid Mair__E_____ztf!___f_2c De heed in the Declaration of Cross
Easements recorded as Document No. 3110545 shall be amended by adding
g
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 mules and the sediment removal and disposal p al as
necessary or as required by the City of OA Park Heights, the Valley Branch
Watershed District or any other governing body."
2 . Paragraph 10, . i , t to Add . dditiQn41 Road Este e is hereby amended by
deleting the reference to Lot 4, Block 1, Kern Center 2n Addition and
substituting therefore the correct legal description as Lot 4, Block 2, Kem
Center 2nd Addition, and further by providing that the right of Declarant to add
the additional real estate to the Declaration of Cross Basements shall terminate
three (3) years after the date of recording the Declaration of Cross Easements.
3. 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 2rd Addition shall be added to and subject to the Declaration of Cross
Easements recorded June 30, 2000, as Doc No. 3110544 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
By:
W,A.T.B. ENTERPRISES, INC.
tart' Public
William Zintl,
STATE OF MLNNESoTA.
)ss,
COUNTY OF WMUINGTON ]
On this _ ay of j , 2002, before me, a Notary Public Within and for
said County and State, Personall peared William Zintl, to me personally known, who,
being by me duly sworn, did say that he is the President of .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
liOTARv PUBLIC - MINNESOTA
MV COMMISSION EXPIRES
JANUARY 31, 2005
Dated: " , 2002
STATE OF MINNESOTA
COUNTY OF WASHINGTON
}
)ss.
By:
Its:
HUMAN SERVICES, INC.
this a- of ;jot , 2002, before me, a Notary Public within and for
Y
said County and State, Personally ppeared to me
personally known, who, being by me duly sworn, did say that is the
. ..._ 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 � ' k'e-ifi� - Icv acknowledges
said instrument to be the free act and deed of said corporation.
SUS J.OSWALD
NOTARY in BM
; - = My Conn, Expires Jan, 31.2005 la
CONSENT
Heritage National Bank
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 Basements,
Dated: 5 , 2002
STATE OF MINNESOTA
COUNTY OF WA HTh GTON
KATHRYN A. PHIL LI■ PI
Notary Public
Minnesota
My Commission Expirds Jan- 31, 2005
HERITAGE NATIONAL BANK
On this 6 day of L 2002, before me a Notary Public within and � d fir
said County and State, Personally appeared. i , ,. ,-, . , to me
personally known, who, being by me duly sworn, did say that E is the
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
acknowledges said instrument to be the free act and deed of said corporation.
Date:
2002
STATE OF MINNESOTA
Drafted by:
Robert G, Briggs
Eekberg, Lammers, Briggs,
Wolff and Vierling
1835 Northwestern Avenue
Stillwater, MN 55082
CONSENT
Stillwater West, LLC
Stillwater West, LLC, as Mortgagee of Lot 2, Block 1, WATE Addition, does hereby
consent in all respects to the Declaration of Cross Basements recorded as Document No.
3110545 and to this Amendment to said Declaration of Cross Easements.
Its: Chief Manager
)ss.
COUNTY OF WASHINGTON
sr
On this 2- may of 4U C , 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.
STILLWATER WEST, LLC
BOOERT G. BRIGGS
NalloyPuBLIC-MINNESOTA
Igity Conotigsion Ex ites Jan. 31. 205
CT"
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 L, 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.
1 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 peirnanent 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 permanent parking easement over that portion of Lots 1 through 6 inclusive,
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 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. .13...Tair 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
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 .13.spAis and 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. Dis ,13...0_,Aair or Maintenance to be Arbitrated. All claims, demands,
disputes, controversies and differences that may arise between the owners of the six lots
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 Be 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
tother owners or guests from using the same.
S. Amendment. The parties agree that the provisions of this Declaration may be modified
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 rant 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. Ilightto 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 2 Addition and
the maximum number of lots that may be created out of such additional real estate is mo
(2). 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
t 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 Basements affecting the use, occupancy and
maintenance of the easement areas shall apply to all lots created on the additional real
estate.
IN WITNESS WHEREOF the Declarant has executed this instrument as of the date written
below.
Date: 11:q4Z: 2000
W.A,T.E. ENTERPRISES, NC.
1
By:
William Zintl
President
STATE OF IVIMINESOTA )
) ss.
COUNTY OF WASHINGTON )
On this 21' day of 71'' 2000, before me, a Notary Public within and for
said County and State, personally appeared William ZintI, the President of W.A.T.E. Entexprises,
Inc., a Minnesota corporation, who, being by one duly sworn, did say that he signed said instilment
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
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EXHIBIT B
ARTICLES OF INCORPORATION
OF
WIN. N BUSINESS EN i R OWN ASSOCIATION
The undersigned, being of full age, for the purpose of organizing a nonprofit f t co orati
undo the Minnesota Nonprofit Corporation � ��
rp r ion Act, and acts amend th�c►, does huh
and acknowledge the follow Articles of
� � � Incorporation.
ARTICLE L
NAME
ARTICLE T[.
REGISTERED OFFICE
ARTICLE DI,
POSE AND POWER
O
The name of the corporation is Winn Business Center owners Association hereafter wed
the "Association."
The registered office of the Association is located at 11255 50 Sit o rth, Lake Elmo,
Mimiesota 55042.
The specific pose for which this Association is famed is to provide for the repair and
maintenance of the common, landscape
area and bituminous area used in common for the of ingress, egress and parking on the ��� es
�
'� p property described below, and for this purpose to:
a. Exercise all of the powers and priv1ezes 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 paridng purposes over a portion of Lots 1
through 6, inclusive, Block 1, WATE Addition, and over a portion of Lot 4, Block
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 governmental chases
levied or imposed against the property of the Association;
c. Have and exercise any and all powers, tights and privileges which a corporation
organized under the Nonprofit Corporation Law of the State of Minnesota by la
may now or hereafter have or exercise;
ARTICLE ty.
MEMBERSHIP
x r
Every Owner of a Parcel subject to assessment, except as herein provided to the contrary,
shall be entitled and wired to be a member of the Association. "futile to a Pa rcet is held by more
than one persona, each of such persons shall be a member. An Owner of more than one parcel shall
be entitled to one membership for each such Parcel. Each such membership shad be appurtenant to
the Parcel Capon which it is based and shall transfer automatically by voluntary or involuntary
conveyance of the title of that Parcel. No person or entity other than an der or Declarant may be
a member of 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 cnvrr S
The Association does not and shall not afford peccary gain, incidentally or otherwise, to
its members, directors, or officers, nor shall any part of the net earnings of the Association in any
way in= to the private benefit of any such member, director or officer o f the Association, or to any
private shareholder or individual except as pertnrtted by Section 8(c)X 1 XD) of the Internal
i
Revenue Code, and except that tb.e Association shall be authorized to make reasonable allowance
and and payment for actual expenditures incurred or services rendered for or on behalf of the
Association.
ARTICLE VL
VOTING RIGS
Iviernbers shall be all Owners of Parcels and shall be entitled to one vote for each Parcel
owned. When more than one person holds title to any Parcel, all such persons shall. be members.
The vote for such Parcel shall be exercised as they among themselves determine, but in no event
shall more than one vote be cast with respect to any one Parcel. There can be no split vote. Prior to
or at the time of any meeting at which a vote is to be taken, each co owner or other person entitled
to a vote at such meeting shall file with the Secretary of the Association the name of the voting co-
owner or other peon entitled to vote at such meeting, mess such co -owner or other person E
filed a general voting authority with the Secretary applicable to all votes until rescinded.
ARTICLE VII.
BOARD OF DOCTORS
,
The number of Directors constituting the first Board of Directors is two, their names
and addresses being as follows:
Name Address
William Zxntl 11 255 50 Street North
Lake Elmo, NiN 55042
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
Drafted by
William Zintl
11255 50 Street North
Lake Elmo, MN 55042
ARTICLE-X31
DURATION
ARTICLE XIfl.
AMENDMENTS
The duration of the corporate existence shall be perpetual
Amendment of these Articles shall require the assent of 75% of members.
IN WITNESS WHEREOF, the undersigned has heretmto set his hand this day of
The foregoing instrument was acknowledged before me this day of
_2 2000, by William Zintl
cTA - OF Mit 1: LISOTA
FILED -
JUN 28 2000
9412
Secretary d Stee
EXHI BIT C
BYLAWS OF
WINN BUSINESS CENTER OWIsfERS ASSOCIATION
ARTICLE L
General Purposes
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 light of such purposes and intentions of the
corporation.
ARTICLE 11.
Membership
A, Membership shall be limited to persons owning Lots 1 tbrougl 6, inclusive, B lock 1, WATE
Addition, Washington County, Minnesota, and Lot 4, Block 1, Kern Center 2 Addition or a re
plat of such lot) if a.dded as "additional property" pursuant to the term of the Declaration of
Cross Easements made by W.A.T.E. Enterprises„ Inc. dated June 28, 2000 and =larded in the
Office of the Washington County Recorder.
a 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.
C. 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 Certificate filed with
the Secretary of the corporation. If such Certificate is not on file, the vote of such members sball
not be considered.
ID.. 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.
ARTICLE IE.
Offices
The registered office of the corporation shall be at 11255 50 Street North, Lake Elmo, MN
ARTICLE .
Meeting o r Member
Section L Place. All meetings or the members shall be held at
corporation, � at such other place the registered office of the �
in p as may be designated by the Board of Directors, and
given in the official notice of d meeting, notice thereof
Section 2. Time. An annual meeting of the members shall be held
they shall elect b
by the Board of Directors, when ma� � at a one and place designated
by ,� o�t� vote a of Directors.
Section 3. Notice of dual Meeting. Written notice of the least fourteen days prior to the meeting annul meeting shall be mailed at
g to each member entitled to vote thereat to the last
of suchrriemberassamea cs c address
�n the books of the corporation.
Section 4. Notice of special Meetings. Written notice of
special meeting of members, stating
the time, place and object thereof shall be tailed to the last
known address of such members at least
fourteen days before such meeting to each metnber entitled to vote e thereat°
Section QtLorllrrL . The presence t. at any meeting, in era
g � norby proxy, of the holders of a
majority of memberships entitled to vote shall constitute a. uor pt for
member shall be entitled to bit one � � the transaction of business. Each o te. i, however, such majority shall not be present t
proxy to �.d� o the meeting from one to time, without notice peon. by
e other than announcement at the meet
u
ing
ntil the requisite number of voting members shall be represented. �
the required number of voting 4. t such adjourned meeting at which
g rem bers shall be represented, any business ma.y be •
have been transacted at the meeting as ors n.all noted. transactedr'h�ch, might
Section 6. Call of Special Meetings. Special meetings of the
otherwise re��xr�d sta.t�te may be called me�nbers, for and purposes, unless lled by the President or shall be call •
Se at the request, in �rrzt� of � called by the President and
writing, majority of the Board of Directors, or at the re writing,
members possessing not less than o n e - bird of the voting power �� in tag, of
call shali state the � p o f e memb��p o f the coot�ons
purpose or purposes o f th proposed meeting.
ARTICLE V.
Board of Directors
Section l . Number and Terms of Office. The ro and
managed by its Board of Directors, which � p� business o � this corporation shall b e
hic h shall consist of ` three men hers who shall be
corporation, and whose terrns of office of the first Board of of the
three years.
of l�ireetors shall be for terms of one, two and
Section 2. Election of Directors. One director shall be elec
members to f i l the o �� c c o �` the d' ted at each annual meeting of
vector whose ter is then expiring. Election shall be by shall serve the tcrin to which elected or until their successors have been effected and have
� �10� vote.
qualified.
Section 3. Filling of Vacancy. Vacancy in the office of direct
between annual meedngs of members, shag ��'� from whatever cause, occurring filled by �e remaining directors; provided however, such
director so named to fill a vacancy shall serve only until the next annual meeting which a d��r shall be elec ted by � � on � o f members, at �rh�eh
j present and voting to fill such unexpired term
Section 4. Annual Meetings_ The regular annual meetings of the Board s
notice at the time and immediately following hall held without
y g the adjou�ent of the annual members' meeting. the
purpose r�f_�eleetiert of officers for e ensuing �
year and ro transact such other business as may properly
cote before it.
Simon 5. other Meetings. The Board of Directors may meet from time t
lam as may determined by the Board, � to time and at such d, at the call of member thereof, provided reasonable nice
be given other members of the time and place of said meeting, such notice to be ' men
mail. Any ton which r t be taken at a meeting personally or by
° , g, signed by all of the directors. tng of the Board of Directors may be done
=ding if done in wn� without
Section. 6. Quorum At all meetings of the Board, a majority o f the
and sufficient to c�itut � directors shall necessary
+ a quote for the transaction of business, and the act of a r of
directors present at any meeting at which there is majority the a quorum, shall be the act of the Board of Directori.
AR.11CI E VI.
Powers of Directors
All of the powers
and duties of the Association shall be exercised the
including those existing rider the common law by card of`�ire�rs,
g and sus �d the Articles of Incorporad. on of the
Association. Such powers and duties shall include but not be limited to the fo l g •
lo��,
A. To mike and collect assessments against members to defray the costs of the Association, � Y ses of out the on, inc ling but not meted to, the costs of the repair and
maintenance of the bituminous pavement area used
for coon egress, egress and
p a r k i n g by the members and t h e cost o f administering and enforcin g Restrictive
e strictwtve
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 e
�.T.E. Enterprises, Inc. dated 23, � as meats from
� x June 2000, worded 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 Bylavp S of
the Association and the Declaration of Cross Easements from W.A.T.E. June 28, 2000, recorded �.T.�. Enterprises, Inc.
x a d or to be recorded in the office of the Washington
County Recorder.
Officers
Section I. Board of Directors. The Board of Directors at its first ec "
m �ting and its first meeting
after each annual meeting of shareholders shall elect a President from its awn
also annually elect a Vice President and a Secretaryareasizer, no of whom need e
h a member of the
Board. The President shall hold office until his successor is elected notwithstanding s anding earlier
termination of his office as director. A Vice President who is not a director rev not succeed to the office
of President.
Section 2. Other Office. The Board may appoint such other officers and agents as it
necessary, from time to time, who shall hold their offices for such terms and shall exercise u
s ch mowers
and perfoim such duties as shall be determined from time to tirr a by the Board.
Section. 3, Tee of Office. The officers of the corporation shall hold office for one
their successors are chosen and qualify in their stead, noti � � or until an earlier termination of their
office, as any officer elected or appointed by the Board of Directors may he removed the a
vote of a majority of the whole Board o with v by �a�ve
f Directors with or without cause.
Section 4. President. The President shall be the chief executive officer of the corporation;
shall preside at all meetings of the members and directors; he shall have eneral active management gement of the
business of the corporation and shall see that all cyders and resotutions of the 9 oa.rd are carried into
effect. He shy he ex Imo, a member of all standing committees, and shad have
the general powers
and duties of `sion and management usually vested in the office of the :President of the corporation,
Section 5. Vice President. The Vice ?resident shall, in the absence of disability of
ors the duties, exercise the powers of the President,
I� f the President, and shall perform such other duties, Directors shall res be. as the me
Sermon 6 Secre taryi'reast n The Secretary/Treasurer shall attend ail sessions of
the hoard of
Directors and all meetings of the members and record all votes and the minutes of all ocee "
book t for that ose and shall duties � � in a
purpose _ l perform like duties for the standing committees when required. quiredo T Se 'et -yf Tr : ter sal give, or cause to be gives notice o f all meetings of ` die members and of the
Board of Direc. •ors, and shall perorrn such other duties as may be rescr3bed by the
President. The S r p � Board o f Directors or
�lTr s� have the custody o f the corporation funds and securities and
shall keep full and accurate account of receipts and disbursements in books belonging to the '
and shall deposit all monies and other valuable effects in � corporation
the �e and to the credit of the corporation in
such depositories as may b designated by the Board of Directors, The ecre /Treasu7rer
the funds of the corporation as tom. be � shall disburse by the Board, Ong th proper vouchers for such
disbursements, and shall render to the President and directors at the regular meetings s of the
whenever they may require it, an account of � � hoard, or
all transactions and of financial condition of the
corporation..
Section 7. Vacancies, if the office of any officer or agent becomes vacant by reason c
� of death,
resignation, retirement, disqualification, removal from office, or otherwise the director `
s then in office,
although less than a quorum, by a majority vote may choose a successor or successors w
ho shad hold
off ce for the unexpired term in respect of which such vacancy occurred. s
ARTICLE 'II.I.
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 sinned by the
Secretary/Treasurer and c❑unterslmied 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, Fish Year. The fiscal year shall begin on the first clay ofianuary orea.ch year.
Section 4. Directors' Annual Statement. The Board of Directors shall, h
call for by a vote of members, present a full and clear i meeting and when �extt of the business and condition of the
corporation,
ARTICLE XX.
Corporate Seal
The corporation shall have no corporate seal.
ARTICLE e
Amendments of Bylaws
These Bylaws may be amended only by a fie -fob vote of m present and voting or i� men of the members, provided notice �� at
, ded that notice o f said proposed amendment or
amendments sal have been incorporated in the office of such meeting gig, pursuant to the provisions
of Article IV of the Bylaws,
The foregoing were adopted as the Bylaws of the Owner Association, a non-profit �
under the laws of the State of Minnesota at the first meet o f the
2000. � � of ��� on
Approved:
5'S'ATE OF MINNESOTA
ss.
ccacmrry OF WASHINGTON' )
( Notarial Seal)
on this 241 day of .. _ e , 2000, before rne, a Notary Public within and said and State, personally appeared ��' r ��- ,��"'� � an. for �aad
F � pp t personally knot, who,
being each by me duty sworn, did say that they are the Secretary and President of 64
Owners
Association, the corporation named in the foregoing instrument, and that
said instrument was signed oh behalf ofsaid corporation by authority of its Board of`Directo
p + r acknowledge � and
to be the free act and deed of said
corporation.
�
' �'ROBERT G, 8FA
+ NOTARY J8UC MNN TA
" `` i My Cothrnissi,on moires Jan. a1, 2C65
0
THIS INSTRUMMIT WAS DEWTED BY:
William Zinti
1 1255 50 Street North
Lake Elmo, MN 55042