Loading...
HomeMy WebLinkAbout1993-12-03 CA Ltr to Barry McKee LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING 1833 NORTHWESTERN AVENUE ��'�� 7 1993 STILLWATER. MINNESOTA 55082 R DEC 4 LYLE J. ECKBERG • ' (612) 439 -2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER December 3, 1993 SUSAN D. OLSON Mr. Barry W. McKee 324 South Main Street Stillwater, MN 55082 Re: Your Client: Swager Bros. East Oaks Our Client: City of Oak Park Heights Our File No.: 1501 -1346 Dear Barry: I have had the opportunity to review your redraft of the Declaration of Covenants, Restrictions and Easements for East Oaks Homeowners Association. Affecting same and after reviewing my correspondence to you of September 27, 1993, I provide you the following comments as requested in your December 1, 1993 correspondence. 1. Page 2, Paragraph (c), Definition of Common Property - second line the word "plot" should be plat. 2. Page 2, Paragraph (d), Property - a copy of what is to be prepared to be Exhibit A was not appended to my copy of the draft. I assume it is in essence the legal description for the entirety of the East Oaks PUD plan inclusive of all common area. If that understanding is incorrect, please advise me immediately and, in any event, provide me with a copy of the description at your earliest convenience. 3. Page 3, Paragraph (k), Community Wide Standard. This Paragraph references a standard "originally published by the declarant ", please provide us with a copy of that publication. 4. Article III, Section 1, Membership. After reviewing the definition of Member, I request that you clarify for us whether or not a contract for deed vendor or vendee will be declared to be the voting member of this association. Page 2 December 3, 1993 To: Barry McKee Re: East Oaks 5. Article III, Section 2. The Paragraph is unclear as to whether or not it is the intent of the Developer to allow member(s) owning the singular lot to fractionalize their vote among themselves for purposes of casting a vote on issues before the Association. Please clarify the Developer's intent on this issue. 6. Article V, Section 1, first Paragraph. I am unsure as to the application of the sentence which provides "the Association shall also maintain all property outside of Lots located within the community which was originally maintained by declarant." Please advise me as to what property that would apply to. Further within Section 1, you provide, "the foregoing maintenance shall be performed consistent with the community wide standard." As it affects the street to be constructed upon the property, the City will require that the street be maintained to the City's standard which includes annual sweeping, implementation of the seal coating program, patch and repair, maintenance and other upkeep measures that the City uniformally implements within its street maintenance program. If the City of Oak Park Heights is expected at any time in the future to take over this street, you can rest assured that the City will not take over the street if it is not current to City standards, both in terms of its construction and in terms of its maintenance. 7. Page 11, Subparagraph (e), Arbitration. You may wish to add a provision effecting the cost of arbitration and which party or parties will be paying that cost. 8. Page 17, Section 3. The last sentence should be modified to read as follows: "There is hereby reserved to the City of Oak Park Heights an easement for access and ingress over and across the street to be constructed as part of the Planned Unit Development for all emergency and public service vehicles and city personnel. The City of Oak Park Heights shall be granted access at all times to maintain water, sewer and storm sewer drainage utilities located upon any portion of the common property." 9. Page 19, Section 4. First Paragraph, last sentence should be deleted. • • Page 3 December 3, 1993 To: Barry McKee Re: Cedar Oaks 10. Page 19, Section 4. Second Paragraph, first full sentence should be deleted. Second sentence should be modified to reflect effectiveness on recording in the office of the County Recorder in and for Washington County, Minnesota. 11. Page 19, Section 4. Third Paragraph, in reference to the PUD permit should be amended to reference PUD Permit and /or Development Agreement. 12. Page 23, Article XI, Section 2. I request clarification from the Developer to determine whether or not the developer intends to prohibit home occupations as defined within the Ordinances of the City as a commercial business activity and, if so, I would suggest that the Article be modified accordingly. 13. Page 28. I presume the signature page of the final document will have Mr. Swager's given name as opposed to his nickname. • Aside from these comments, as it affects the Declaration of Covenants, Restrictions and Easements for East Oaks Homeowners Association, please be advised that as part of the finalization of the Development Agreement, a copy of which I would propose to have in draft form to you within the next few weeks, we will also be requesting of your client the following: A. We will require the production of a final MnDOT permit /access permit allowing connection of this road the 60th Street North frontage road system. I have a letter of October 28, 1993 from the Minnesota Department of Transportation illustrating the policy of the Department, but indicating as of that date they had not issued the permit. B. We will require final written approval from the Watershed Management Organization which would be the Middle St. Croix Valley Water Management Organization as it affects this project. C. We will require demonstrated compliance with the recommendations contained within the planning report - revised of Mr. Scott Richards of Northwest Associate Consultants, Inc. dated October 21, 1993. To the extent not include in the above, we would require also compliance with the original recommendations contained within the planning report of September 23, 1993 also by Northwest Associate Consultants. Page 4 December 3, 1993 To: Barry McKee Re: Cedar Oaks D. We will require a title opinion from your office or title insurance binder indicating ownership and existing liens and encumbrances as it affects this property. E. I will also require reexecuted easements running to the City of Oak Park Heights for storm water drainage over and across areas denoted as existing sanitary sewer, existing water main, existing storm sewer on the drawing submitted on September 21, 1993 by Mr. Debenedet. After having reviewed the easements that are in place, I am of the opinion that the language contained therein as it affects this property needs to be clarified. In that regard, I have been in contact with your surveyor, Mr. Stack, and I understand that he is more than capable to provide me modified legal description that I request on those easements and, consequently, I ask that you authorize him to do so. F. Further we, of course, will require compliance with all recommendations suggested by the offices * e City's consulting engineers as it affects this project Ver tru • yours, m / M -rk J. Vierli MJV:sms cc: La Vonne Wilson Joseph Anderlik Scott Richards Barry Stack