HomeMy WebLinkAbout6.e. Rottlund Homes Harmony 6th Addition Final Plat, Minor PUD Agreement, and Vacation of Drainage and Utility Easements, Case 09-29-FP and 09-30-AMD4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: February 16, 2010
AGENDA ITEM: Case 09 -29 -FP and 09- 30 -AMD —
Rottlund Homes Harmony 6th Addition
AGENDA SECTION:
Final Plat, Minor PUD Amendment, and
Consent
Vacation of Drainage and Utility
Easements
PREPARED BY: Eric Zweber; Senior Planner
AGENDA NO.
ATTACHMENTS: Location Map, Harmony 6 Addition Final
Plat, PUD Amendment/Preliminary Plat,
Construction Plans, Harmony 5th Addition
Plat, Engineering Memorandum February
APPROVED BY:
5, 2010, Excerpt from the Planning
Commission Minutes of November 24,
2009, Harmony Homeowners Association
Declaration.
RECOMMENDED ACTION: Motion to adopt a Resolution approving the Vacation of the
Drainage and Utility Easements on Block 7, Harmony 5th Addition.
Motion to adopt a Resolution approving the Final Plat for Harmony 6th Addition.
Motion to adopt a Resolution approving the Minor Amendment to the Harmony (formerly
Brockway) Area Planned Unit Development Allowing Alternative Private Utility Construction
within Harmony 6th Addition.
Motion to authorize the Mayor and City Clerk to execute an amendment to the Harmony
Area Planned Unit Development A reement.
SUMMARY
The Rottlund Company, Inc. requests to replat (approve a new final plat) Block 7 of Harmony 5"' Addition
into the Harmony 6t1i Addition. This change is so that all the units can function as true townhomes with each
unit having a separate parcel instead of the condo -style townhouses that were originally platted. There is no
difference in exterior appearance of the units or in the total number of units as a result of the new plat. The
only difference is the buyer of a lot within the Harmony 6'' Addition would own the unit and the ground
under it with individual utility connections. Existing townhome owners in Harmony own only the unit itself
with common ownership of the ground underneath the unit and utility service shared with all the other units
within the building. A minor amendment to the planned unit development (PUD) agreement is needed to
allow private utilities to be installed that supply more than one housing unit with one service connection and
to revise the homeowner association (HOA) declaration to address the ownership, maintenance, and access
to the private utility services.
NOVEMBER 24, 2009 PLANNING COMMISSION MEETING
During their November 24, 2009 meeting, the Planning Commission reviewed the Final Plat and Minor
PUD Amendment request for Harmony 6`'' Addition. Planning Commissioner Schwartz asked if the
utilities would be able to be shut off in the doghouse at the end of the unit. Deb Ridgeway, a Rottlund
representative stated that yes, the utilities would be able to be shut off at the doghouses. Ms. Ridgeway
also stated that the Final Plat is request to accommodated first time homebuyers and new FHA loan
regulations. The Planning Commission recommended approval of the Final Plat on a vote of 4 to 0.
BACKGROUND
Applicant & Property Owner(s): Rottlund Company, Inc.
Location: Block 7 of Harmony 5d' Addition — North of Brockway Park, South
of 135th Street, and East of Bronze Parkway
Area in Acres: Approximately 3.4 Acres
Comp. Guide Plan Desig: MDR — Medium Density Residential
Current Zoning: R -3, Medium Density Residential PUD
Current Number of Units: 49 condo -style ownership units
Final Number of Units: 49 townhouse -style ownership units
Harmony a Addition
The applicant, Rottlund Company, Inc., requests the replatting of Block 7 of Harmony 5th Addition into the
final plat of Harmony 6th Addition, as well as a minor amendment to the PUD agreement. The reason for
the requested replat is to change the style of ownership for the individual townhome units. The existing
Harmony 5th Addition is a condo -style ownership, meaning that the homeowner owns their individual unit,
but the ground under the unit is owned in common and that a common water and sewer line provides
service to the entire building. The requested Harmony 6th Addition would replat these condo -style units into
townhouse -style ownership units. In townhouse -style ownership the individual homeowner own the unit
and the ground under it individually and has separate utility connections while owning the "yards" around
the units in common with the other owners of the units in the single building.
The reason that Rottlund is requesting the replat to townhouse -style units is because the Federal Housing
Administration (FHA) has proposed changes that would limit the number of FHA mortgages to no more
than 50% of the units within a condo. This means that only half of the units within the entire plat would be
eligible to receive FHA mortgages. If Block 7 of Harmony 5' Addition can be replatted to townhouse -style
ownership through the approval of the Harmony 6th Addition final plat, then 100% of the units can be
financed by FHA mortgages. This is important to Rottlund because FHA mortgages are relatively easy to
get obtain as compared to conventional mortgages in today's market. It is estimated that the majority of
home buyers in the anticipated price range would be obtain financing through FHA mortgages.
The City has approved plats for both styles of townhouse ownership and typically leaves it up to the
developer to determine what type of plat they wish to submit for approval. The only difference between the
two plats is that townhouse -style ownership typically has individual water and sewer lines run to each unit
from the mains in the street (this is how all single family units are served). The condo -style units have one
larger water and sewer line run from the main in the street to each building and then each unit within the
building has a connection to the common water and sewer service. The differences in utility service are in
part, relaxed to building code requirements.
2
During the infrastructure construction for Harmony 5h Addition, sewer and water stubs were provide that
would accommodate the condo - style, joint service provision. For a typical townhouse -style plat, individual
utility connection would be provided for each unit from a public utility line. To utilize the installed joint
service stubs and eliminate the need to cut into the street to access the public utility lines, Rottlund has
requested a minor PUD amendment to allow more than one housing unit to be supplied by a common
service line which is prohibited by City Code. On February 1, 2010, the Utility Commission approved a
variance to the City Code to allow the supply of more than one housing unit from one service line. The
minor PUD amendment will also require modification to the HOA declaration to address the ownership,
maintenance, and access to the private utility services.
There will be no increase in the size of the units, the number of units, or the general appearance of the units
as a result of this replat. The only visual difference as a result of the replat will be that some buildings will
have small rooms added to one end of the building that look like an attached shed with its own exterior
door, often referred to as "doghouses ". The doghouses house the individual utility meters necessary for the
individual utility services of a townhouse -style ownership. These doghouses have the same exterior as the
rest of the building and are often better in appearance than multiple water and /or electrical meters that
would otherwise line the sides of the buildings.
Easement Vacation
There are currently drainage and utility easements on Block 7 of Harmony 5s' Addition that the City would
need to vacate before Harmony Ch Addition can be recorded. On December 15, 2009, the City Council
conducted a public hearing for the easement vacations in which no one spoke. The City Council is
requested to vacate the drainage and utility easements tonight. New drainage and utility easements will be
recorded with the Harmony 6`h Addition Plat.
CONCLUSION
Staff recommends the approval of the vacation of the drainage and utility easements on Block 7, harmony
5t' Addition, the approval of the Harmony 6`h Addition final plat, the approval of minor PUD amendment
for the private utility service within Harmony 6s' Addition, and the execution of the minor PUD
amendment agreement.
K?
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2010-
A RESOLUTION APPROVING THE FINAL PLAT OF
HARMONY eH ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application from The Rottlund Company, Inc. requesting the Final Plat concerning the parcel legally
described as:
Block 7, Harmony 5t1' Addition, Dakota County
WHEREAS, on November 24, 2009, the Planning Commission of the City of Rosemount reviewed
the Final Plat for Harmony 61h Addition; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Final Plat subject to conditions; and
WHEREAS, on February 16, 2010, the City Council reviewed the request for Final Plat approval
and agreed with the Planning Commission findings and recommendation; and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves Final Plat for Harmony 6f Addition, subject to:
1. All applicable conditions and subdivision agreement requirements regarding Block 7,
Harmony 5th Addition shall apply to Harmony 6a' Addition.
2. The execution of the Minor Amendment to the Harmony (Formally Brockway) Area
Planned Unit Development Agreement allowing alternative private utility
construction.
3. Conformance with the conditions outlined in the City Engineer's Memorandum,
dated February 5, 2010.
4. Payment of all applicable fees.
ADOPTED this 16d, day of February, 2010, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2010 -
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE HARMONY
(FORMERLY BROCKWAY) AREA PLANNED UNIT DEVELOPMENT ALLOWING
ALTERNATIVE PRIVATE UTILITY CONSTRUCTION WITHIN HARMONY eH
ADDITION.
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Rottlund Homes requesting a minor amendment to the Harmony (formerly
Brockway) Area Planned Unit Development concerning property legally described as Harmony 61h
Addition, Dakota County, Minnesota; and
WHEREAS, the amendment would allow the supply of more than one housing unit from one service
connection; and
WHEREAS, staff finds the proposed amendment is eligible for a minor amendment and administrative
approval because it does not violate any of the six criteria listed in Section 11 -10 -6 of the City Code related
to determining major and minor PUD amendments, and
WHEREAS, on February 1, 2010, the Utility Commission approved a variance from the City Code to
allow the supply of more than one housing unit from one service connection, and
WHEREAS, on February 16, 2010, the City Council of the City of Rosemount reviewed the
application and staff's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves a minor amendment to the Harmony (formerly Brockway) Area Planned Unit
Development, subject to:
1. Execution of a minor PUD amendment agreement.
2. The approval of language within a Homeowners Association Declaration by the City Attorney
to address the ownership, maintenance, and access to the private utility services.
ADOPTED this 161h day of February 2010, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2010-
A RESOLUTION APPROVING THE VACATION OF THE DRAINAGE AND UTILITY
EASEMENTS ON BLOCK 7, HARMONY eH ADDITION
WHEREAS, on June 17, 2008, the City of Rosemount approved the Final Plat for Harmony 51h
Addition including drainage and utility easements over portions of all lots within the Plat; and
WHEREAS, The Rottlund Company, Inc. has applied for the Harmony 61h Addition Final Plat that
subdivides Block 7 of Harmony 51h Addition; and
WHEREAS, on December 15, 2009, the City Council conducted a public hearing on the vacation
of the drainage and utility easements on Block 7, Harmony 5th Addition; and
WHEREAS, on February 16, 2010, the City Council reviewed and approved the Final Plat for
Harmony 6th Addition.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Vacation of the Drainage and Utility Easements on Block 7, Harmony 5th Addition,
Dakota County, subject to the following condition:
1. The recording of Harmony 6a' Addition, Dakota County.
ADOPTED this 16th day of February, 2010 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Harmony 6th Addition
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Disclaimer. • Map and parcel data are believed to be accurate, but accuracy is not Map Scale .
guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 800 feet
appraisal, survey, or for zoning verification.
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A MINOR AMENDMENT TO THE HARMONY (FORMERLY BROCKWAY) AREA
PLANNED UNIT DEVELOPMENT ALLOWING ALTERNATIVE PRIVATE UTILITY
CONSTRUCTION WITHIN HARMONY 6TH ADDITION.
THIS DECLARATION made this day of
between THE ROTTLUND COMPANY, INC., a Minnesota
referred to as the "Declarant "), and the CITY OF ROSEMOUNT
corporation (hereinafter referred to as the "City ");
2010, by and
corporation, (hereinafter
a Minnesota municipal
WHEREAS, Declarant is the owner of Harmony 6d' Addition, Dakota County,
Minnesota, (hereinafter referred to as the "Subject Property"); and
WHEREAS, the Subject Properties are subject to a Planned Unit Development
Agreement, "Brockway Area Planned Unit Development Agreement" dated September 27,
2004, (hereinafter referred to as the "Planned Unit Development Agreement "); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as
hereinafter provided, which amendment has been approved and consented to by the City of
Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its
officers affixed hereto.
NOW, THEREFORE, the Declarant declares that the Subject Properties are, and shall
be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and
restrictions, hereinafter set forth.
1. The variance authorized by the Utility Commission on February 1, 2010 to allow the
supply of more than one housing unit from one service connection in Harmony 6h
Addition.
2. The approval of language within a Homeowners Association Declaration by the City
Attorney to address the ownership, maintenance, and access to the private utility services.
3. Except as modified by paragraphs 1 and 2 of this Amendment, the Planned Unit
Development Agreement shall remain in full force and effect.
4. The obligations and restrictions of this Amendment run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the
City of Rosemount acting through its City Council. This Amendment may be amended
from time to time by a written amendment executed by the City and the owner or owners
of the lot or lots to be affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
DECLARANT
THE ROTTLUND COMPANY, INC.
By
Its
�0
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Its
The foregoing instrument was acknowledged before me this _ day of ,
2010, by and , the and
for and on behalf of The Rottlund Company, Inc., a Minnesota
corporation, by and on behalf of said corporation.
Notary Public
2
This Amendment is approved and consented to by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
William H. Droste, Mayor
And by:
Amy Domeier, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of , 2010,
by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf
of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145' Street West
Rosemount, MN 55068
651- 423 -4411
3
Notary Public
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4ROSEMOUNT
PUBLIC WORKS
MEMORANDUM
DATE: February 5, 2010
TO: Eric Zweber, Senior City Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, Director of Public Works /City Engineer
Alan Strand, Building Official
Phil Olson, Project Engineer
Kathie Hanson, Planning Department Secretary
FROM: Morgan Dawley, Assistant City Engineer
RE: Harmony 6th Addition Final Plat
Upon review of the Harmony 6'' Addition Final Plat and Harmony 6t' Addition Utility Service
Extension plans dated February 4, 2010 and provided for review by Westwood Professional Services
on behalf of Rottlund Homes, the Engineering Department offers the following comments:
1. All terms and conditions part of the Harmony 5`h Addition final plat approval and
subdivision agreement applicable to the area encompassed by the Harmony 6' Addition
shall also apply to the Harmony 6' Addition final plat approval.
2. At the February 1, 2010 meeting, the Utilities Commission authorized the necessary variance
from City Code to allow the supply of more than one housing unit from one service
connection within the Harmony 6`'' Addition, Lots 1 -56, Block 1.
3. The following should be addressed in the homeowners declaration with the final document
subject to city attorney review and approval:
a. Include the Service Extension Plan, dated February 4, 2010, as exhibit and
attachment.
b. Identify the locations where the private sewer and water lines end and the public part
of those facilities begins. Consistent with city ordinance, private waterlines are from
the common shutoff valve (denoted "City Shutoff Valve" on the plans) to the
premises (including the individual "Unit Shutoff Valves" on the plans) and private
sewer lines are from the main to the premises - consistent with city ordinance.
c. Assign responsibility for ownership, maintenance, repair and replacement of the
private sewer and water pipes. This would include an identification of the location
where ownership and obligation to maintain pipes changes from a single landowner
to the homeowners association. It would also include assuring that the person
owning each segment of pipe and being responsible for its maintenance has the right,
by easement or otherwise, to have a pipe in that location and the right and obligation
to maintain it.
d. The declaration should specify the location and design of water shutoff valves for
individual water lines. It should assure that city personnel have access to individual
shutoff valves at all times and that the city has a legal right to shut off water service
for maintenance, damage or threats to the public water system, broken lines, or for
shut -off of individual water service for nonpayment of bills or any other reason
under the cites rules and regulations relating to the public water service.
4. Following installation, record drawings of the utility construction shall be delivered to the
City, and shall include any location and length deviations or changes to the plan that
occurred as a part of construction.
5. Plan submittal for building permit shall include type, size, and model for unit shutoff valves
(Vantage Buildings) and curb stops (Easton Buildings) for approval. All Vantage Building
valves shall include a locking mechanism that will prevent unauthorized operation, or
otherwise secure the doghouse room from unauthorized entry to the satisfaction of the City.
6. Prior to issuance of Certificate of Occupancy, it shall be demonstrated during final City
inspection to the satisfaction of the Building Official and/or Public Works representatives
that the individual unit shutoff valves in the Vantage Building doghouses, or curb stops for
Easton Buildings, are properly operating, are lockable and secured, and can be adequately
accessed by City personnel.
Should you have any questions or comments regarding the item listed above, please contact me at
651 - 322 -2724.
EXCERPT OF MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 24, 2009
7.a. Rottlund Homes Harmony 6th Addition Final Plat and Minor PUD Amendment (09 -29 -FP and 09-
30-AMD). Senior Planner Zweber stated that Rottlund Homes has two separate but related requests
for the townhouses within the Harmony subdivision. First, Rottlund requests to replat (approve a
new final plat) Block 7 of Harmony 5'h Addition into the Harmony 6`h Addition. The second request is
for a minor amendment to the PUD agreement to allow the Vista Townhomes III in addition to the
original Vista and previously approved Vantage townhomes. Mr. Zweber reviewed the two requests
and stated that staff recommends that the Planning Commission recommend approval of the Final
Plat for Harmony 6'h Addition. He further stated that per the authority granted in the City Code, staff
has administratively approved the Minor Planned Unit Development Agreement Amendment
regarding the utility construction within Harmony 6'h Addition, subject to the following conditions:
1. The alternative utility construction approved individual water and sanitary sewer connections
to each unit within Harmony 6`h Addition shall only apply to the Harmony 6t' Addition.
Future subdivision shall construct their utility connection through the typical construction
methods for townhouse -style ownership units.
2. Language shall be added to Homeowners Association Agreement that indemnifies the City
from and liability due to the approval of the utility construction within Harmony 6'' Addition.
3. Private utility easements shall be granted over the alternative utility construction method used
to provide individual water and sanitary sewer connections.
The City Council will be asked to execute the Minor Planned Unit Development Amendment
Agreement in conjunction with the requested approval of the Harmony 6 Addition Final Plat on
December 15, 2009. The City Council will also consider the Minor Planned Unit Development
Agreement for the Vista Townhomes III design at the same meeting.
Commissioner Schwartz asked if the doghouse utility structures on the end allowed the water to be
turned off individually as opposed to a condo style townhouse. Mr. Zweber replied that there is an
individual water meter for each unit that can be turned off without affecting the other units.
Commissioner Schwartz stated that this system is more practical when dealing with a vacated unit.
Deb Ridgeway of Rottlund Homes approached the Commission and stated she is available to
answer any questions. She also stated the main reason for the request is to be able to accommodate
first time home buyers due to the new FHA guidelines.
MOTION by Schwartz to recommend the City Council approve the Harmony 6'' Addition Final
Plat, subject to the following condition:
1. All applicable conditions and subdivision agreement requirements regarding Block 7,
Harmony 5`' Addition shall apply to Harmony 6'' Addition.
2. City Council execution of the Minor Amendment to the Planned Unit Development
Agreement regarding utility construction.
Second by Irving.
Ayes: 4. Nays: None. Motion approved.
As follow-up, Mr. Zweber stated this item will go before the City Council at their regular meeting on
December 15, 2009.
COMMON INTEREST C1
A Planned
HARMONY P
TION
THIS DECLARATION, made on this
Rottlund Company, Inc., a Minnesota corpora
pursuant to the provisions of the MinttesoC
Statutes Sections 51513.1 -101 to 51513?11$
WHEREAS, Declarant-is the owrk �l
of Dakota, State of Mmriesota, which is moth'
See Exhibit A ached hereto,
(the
sociati
Act: and
-;=� 20_, by The
referred to as "Declarant ",
Ownership Act, Minnesota
rred to as the "Act "), as amended.
i in the City of Rosemount, County
-ribed as:
for residential uses;
WHEREAS�,=T larant ires that all of the Real Estate and any Additional Real Estate
Parcels added hereto s A&A- ect to certain uniform covenants, conditions and restrictions.
NOW, THEREFORE, Declarant hereby declares that all of the Real Estate described
above and any Additional Real Estate Parcels added hereto, shall be held, sold, and conveyed
subject to the Act and the following easements, restrictions, covenants and conditions hereinafter
set forth in this Declaration and the Master Declaration, 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 Real Estate or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
be disbursed for the duties of the Association for repair, replacement and maintenance of the
Common Elements and shall not be disbursed for any purpose not related to the repair,
replacement, and maintenance duties such as litigation or attorneys' fees.
ARTICLE IV
DUTIES OF ASSOCIATION
upon the Lots, Common Elements, public boulevards and
public walks, if any, as follows: exterior maintenance upon each Lot which is subject to
assessment hereunder, snow removal (including removal of snow from roofs), paint, repair,
replace and care for roofs, gutters, downspouts, exterior building surfaces, landscaping, trees,
shrubs, grass, walks, irrigation systems, light fixtures or light standards along private roads and
other exterior improvements. Exterior maintenance shall not include glass, all screens, windows,
Articles of Incorporation, the Bylaws or the Master Governing Documents, or as agreed in
writing between the Association and the Master Association, all maintenance, repair,
replacement, management and operation of the Common Elements, includin)Limited Common
Elements, shall be the responsibility of the Association.
Section 2. Other Duties.
A. The Association shall enforce the covenants, conditions and restrictions set forth
herein and any amendments hereto and any Rrules and Rregulations adopted by
the Association.
B. The Association may provide for trash removal services in accordance with the
provisions of Article IX hereof and shall provide a master or common policy of
property insurance for all Lots within the Association.
C. The Association, through the Board of Directors, shall regularly inspect the
Common Elements for the purpose of evaluating the need for maintenance, repair
or replacement of the items required to be maintained by the Association. The
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D. regulating changes in the appearance of the Common Elements and conduct
which may damage the cGommon Anterest cFommunity;
E. regulating the exterior appearance of the cEommon ifnterest cFommunity,
including, by way of illustration and not limitation, balconies and patios, window
treatments, and signs and other displays, regardless of whether inside a Living
Unit;
F. implementing the Articles of Incorporation, this Declaration or the Bylaws of the
Association; and
G. other rules facilitating the operation of the cGommon i1nterest cFommunity.
Each Lot Owner, occupant, tenant or guest shall use the Lots and the Common Elements only in
compliance with the provisions of the Act, the Master Governing Documents, the Master Rules,
this Declaration, the Articles of Incorporation and the Bylaws of the Association, as lawfully
amended from time to time, and with all decisions, resolutions, and Rfules and Regulations
promulgated by the Board of Directors. After notice and an opportunity to be heard and in
compliance with the Act, the Association may impose reasonable sanctions, including the
levying of reasonable fines and reasonable restrictions on services and use of Common Elements,
for violations of this Declaration, the Bylaws and the Rules and Regulations of the Association.
The inclusion in other parts of this Declaration, the Bylaws, anti -the Al#ielesArticles of
Incorporation and the Master Governing Documents of authority to approve Rules and
Revelations shall be deemed to be in furtherance, and not in limitation of the authority granted
by this section.
ARTICLE VIII
EASEMENTS
Section 1. General. In addition to the easements, covenants, restrictions and conditions
herein, all Lots shall be subject to easements and covenants hereinafter specifically described for
the benefit of the Real Estate or for the limited benefit of specified adjoining Lots, all as more
fully set forth hereinafter in this Article. Within such easements, no structure, planting or other
material shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of any utilities or trails or which may change the flow or drainage
channels within the easements or which may obstruct, retard or change the flow of water through
drainage easements. The easement area of each Lot and all improvements therein shall be
maintained continuously by the Owner of the Lot, except for improvements which are the
responsibility of the Association, the Master Association, or a public authority or utility /service
company. In addition to the above cited easements, the Association shall have the power to,
grant easements for public utilities, public rights -of -way or other public purposes, through, over
or under the common elements and grant easements, leases, or licenses to Lot Owners for
purposes authorized by thise Declaration.
Section 2. Utility Easements. All Lots and Common Elements are hereby subject to
easements in favor of the Declarant (so long as Declarant owns any Lot), the Association, N
��all Lots, and applicable companies for the installation,
16
ar>d- maintenance,�__�of utilities, including
gas, telephone, electric, cable TV, satellite services and other electronic communications,
irrigation, water, sewer and similar services, and metering and control devices, which exist or are
constructed as part of the development of the Real Estate or which are referred to in the plat or
otherwise described in this Declaration, the Master Governing* Documents or other recorded
instruments The Association, the Master Association ander
their respective proper representatives, Formatted: Highlight
��zshalI have the right of free access any Lot or Living Unit for the
purpose of maintaining, ®��any to any Lot on the Real
Estate. In addition, each Lot over which a utility is in fact installed or constructed as part of the
original shall be subject to an easement for utility purposes over the
portion of the Lot upon which such is constructed. Utilities and related
service systems shall be installed, used, maintained and repaired, to the extent reasonably
practicable, in a way that does not se as to net to interfere with the reasonable use and quiet
enjoyment of the Lots by the Owners and occupants, nor affect the structural or architectural
integrity of the Lots or Living Units.
Section 3. Easements for Encroachment. In the event that any buildings or other
structures originally constructed by the Declarant or constructed or erected thereafter, in
substantial compliance with thise Declaration and plat establishing such Lot, on any Lot in
accordance with this document, encroaches upon any other Lot or the Common Elements, or, if
any such encroachment shall hereafter arise because of settling or shifting of the building or
other cause, an exclusive easement appurtenant to said encroaching Lot for such encroachment
and the maintenance thereof shall exist. Pursuant to Minnesota Statute Sec. 51513.2 -115, such
encroachments and easements shall not be considered or determined to be encumbrances either
on the Common Elements or on the Units for purposes of marketability of title.
Section 4. Easement for Maintenance and Access. Declarant hereby grants an easement
in favor of the Association over and across each Lot for the purposes of the Association
performing its duties. In addition, each Lot, and the rights of the Owners and Occupants thereof,
are subject to the rights of the Association and the Master Association to an exclusive,
appurtenant easement on and over the yard areas of Lots for the purposes of access to and
maintenance, repair, replacement and reconstruction of the Lots, utilities and other common
improvements serving more than one Lot, to the extent necessary to fulfill the Association's or
the Master Association's obligations. Declarant, after Declarant has transferred control of the
Association, shall have the right of entry to the extent reasonably necessary over and across, the
roads, if any, Common Elements, the surface area of the Lots outside of the Living Unit, and to
the interior of a Living Unit, after reasonable notice has been provided to the Owner or occupant,
to the extent reasonably necessary to discharge its duties or to complete performance of any
obligations, provided for in this Declaration, as amended, created pursuant to contract or statute,
or otherwise affecting the Real Estate. Entry into any Living Unit shall not be made without the
consent of its Owner or occupant for any purpose, except pursuant to Court order or authority
granted by law. No owner shall withhold consent arbitrarily if such request for access is made at
a reasonable time and in a reasonable manner. Upon receipt of notice to Declarant by an Owner
of a Unit pursuant to Minnesota Statutes Chapter 327A, Declarant shall have the right to access
and inspect a Unit or the Common Elements in compliance with the notice and opportunity to
repair provisions of Minnesota Statutes Chapter 327A or as otherwise allowed by Minnesota law.
17
Section 10. Condemnation. In the event of the taking of any of the Common Elements
by eminent domain or any action or proceeding in lieu of eminent domain (hereinafter,
"condemnation "), the Association shall represent the Owners in any such condemnation, or in
negotiations, settlements and agreements with the condemning authority, and each Owner hereby
appoints the Association as his Attorney -In -Fact, irrevocably, for such purposes. If deemed
necessary by the Association, it may obtain the services of a trustee to act on behalf of the
Owners in carrying out any functions under this Section. In the event of a condemnation of part
or all of the Common Elements, the award of proceeds of settlement shall be payable to the
Association. All proceeds payable with respect to any condemnation of Common Elements shall
be applied to the restoration or repair of such Common Elements remaining after such
condemnation or to such other purposes as may be in accordance with the functions and powers
of the Association and the welfare of the Owners.
If all of a Lot is taken through condemnation, or if so much of a Lot is taken that the
remaining property cannot reasonably be used for a purpose allowed by this Declaration, then the
entire Lot shall be considered condemned and the Owner's interest in the Common Elements and
Association shall be deemed to cease on the date such condemnation is completed.
If part of a Lot is taken through condemnation, but the Lot can still be used for a purpose
allowed by this Declaration, then there shall be no effect on the Lot Owner's interest in the
Common Elements or the Association.
Any proceeds of any condemnation with respect to a Lot shall belong and be paid to the
Owner thereof and his mortgagee, as their interests may appear.
Section 11. Termination. The cGommon ilnterest cGommunity created by this
Declaration may only be terminated with the assent given in writing and signed by not less than,
the Owners holding one - hundred percent (100 %) of the votes of the Association, and one -
hundred percent (100 %) of the first mortgagees (each mortgagee having one vote for each Lot
financed). Upon termination of the cGommon ilnterest cGommunity, after payment of all the
debts and obligations of the Association, all Lots, Common Elements, and Association property
shall be administered in accordance with the provisions of the Act.
Section 12. Sewer ® Service Design. By accepting a deed t rp operty subject to
this Declaration, each Lot Oewner hereby agrees to
and indemnify, defend, protect and hold the City of Rosemount harmless from and
against any and all losses, damages, causes of action, claims, liabilities, costs and expenses,
suffered or incurred by the City of Rosemount as a result of M Lot Oewners claiming injury to
33
Section 13. Statute of Limitations. Each Owner, including any successors and assigns,
by acceptance of a deed to a Lot in the Association, hereby covenants and agrees that the statute
of limitations period specified in Minnesota Statutes Sec. 51513.4 -115 regarding obligations
arising under Minnesota Statutes Secs 51513.4 -112 or 51513.4 -113 is reduced to two (2) years in
compliance with Minnesota Statutes Sec. 51513.4 -115, whether pertaining to a Lot or the
Common Elements. The Association shall be bound by such reduction in the statute of
limitations period in the event the Association is a party to an action or otherwise acting on
behalf of two (2) or more Owners pursuant to Minnesota Statutes Sec. 51513.4 -116.
Section 14. Utility Notice. Each Owner, by acceptance of a deed to a Lot in the
Association, hereby covenants and agrees that the Association shall be named as a party to
receive any and all notices regarding the imminent or actual termination of any utility service
serving the Lot.
ARTICLE XV
MASTER ASSOCIATION
The Association is a member of Harmony Master Homeowners Association, a nonprofit
corporation created pursuant to Minnesota Statutes Chapter 317A and Section 51513.2- 121(a),
and its successors and assigns (the "Master Association'), a master association within the
meaning of the Act.
Section 1. General. The operation and administration of the Association and the Real
Estate are governed by the Master Governing Documents. Subject to Sections 3 and 4 of this
Article XV, the Association is responsible for the operation, management and control of the Real
Estate.
Section 2. Membership in Master Association. The Association is a member of the
Master Association as described in the Master Governing Documents. Membership in the
Master Association shall be governed by the qualifications as set forth in Article III of the Master
Declaration.
Section 3. Delegation of Powers to Master Association. The Master Association shall
have the powers and duties as set forth in the Master Governing Documents. As provided in this
Declaration, subject to Article XV, Section 3 of this Declaration, and except as may otherwise
specifically be provided in the Master Governing Documents, the Association is responsible for the
management, administration, maintenance, repair and replacement of the Real Estate.
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