Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
ITEM 2.1_attachement
Latt=:YHOMES December 8, 2015 Dan Licht City of Otsego 13400 901h Street NE Otsego, MN 55330 RE: PUD Amendment, Boulder Creek Dear Mr. Licht, Mattamy Homes Min neapol is -St. Paul Division T _ avmy.mattamyhomes.com During the approval of Boulder Creek, we were remiss in checking the City of Otsego's ordinances regarding its minimum garage size of 480 square feet. We became aware of this when applying for a building permit recently. We are requesting a variance to allow garages as small as 414 square feet only within the areas designated as 55' wide lots. BACKGROUND Mattamy currently offers 10 different models within Boulder Creek PUD on the lots designated as 55' feet wide. There are 69 lots of this designation; 19% of the total with the development. Of these 10 plans, one-half of them do not meet the minimum garage square footage. The garages in these units range for 414 square feet to 454 square feet. The remaining 5 plans have garages that are 511 to 685 square feet. All are 2 -car garages. DISCUSSION Mattamy is aware that garage size is a hot topic in Otsego. Being a "north side boy" myself, the concept of a garage with "toy space" is not wasted on me. Without a doubt, I would not be a candidate for a 2 - car garage product. However, I once was — my wallet and garage space (and toy inventory) were proportional. Mattamy would like to offer people who have a smallish wallet and place a higher value on livable space than garage space to exercise this choice. To help minimize the used of the requested variance we are also preparing options to the 5 plans whose garages are less than 480 square. This will address Buyers who like a particular floor plan but have enough buying power to add additional space to the garage. The options would fit on 17 of the lots in Phase 1 (lots on the inside or outside of curves). The remaining 17 lots would not accommodate the option to expand the garages however the Buyer would have the option, as always, to choose from the other 5 plans that do meet the Ordinance. Mattamy Homes Minneapolis -St. Paul Division As can be seen, the number of times that someone may actually utilize the variance is limited. They will likely choose the option to expand the garage on a lot that will accommodate it or chose another floor plan. To that point, the building permit applied for was a spec. Our argument places the City in the perfect position to say "Why then?" The simple answer is that we feel that it is more important to provide as many choices as reasonably possible in order to maintain a neighborhood with a variety of building styles, plans, and looks. Each of the 5 "deficient" plans have 3 very different elevations. In real numbers, we lose 15 different looks out of 30. If a variance is allowed (while we at the same time commit to providing an option that was otherwise unavailable) we preserve the greatest opportunity for this part of the development to look fresh and not repetitive. The more compact a neighborhood design becomes, the more need for (planned) diversity in home facades. Boulder Creek will have a Homeowner's Association which will govern using a set of Declarations and By-laws. I have attached a copy of the documents for review. The Declarations prevent exterior storage of any kind, sheds, barns and other accessory structures. Further, it restricts the outdoor storage of all the "toys" that can litter a neighborhood. The only type of fencing allowed are vinyl privacy fences. Our agents stress these requirements because until we have sold out the entire development, we are the Architectural Review Committee. There's nothing worse than being told by a person we sold a home to that we didn't make them aware of a restriction. Informing potential home buyers of these requirements also make the Buyer think of buying options or a bigger house. There's nothing wrong with that! CONCLUSION Attached to this letter is a list of our 55' lot plans and their square footages, both garage and living area. I have also attached a map of the lots that will accept the option to expand "deficient" garages to the Ordinance required minimum or greater. We appreciate the opportunity to do business in Otsego. We hope we have demonstrated the desire to build an attractive neighborhood in Otsego through our site design, abundance of floor plans and elevations, and variety of price points. With this, we hope the City will understand our requested variance and allow us to proceed as planned conditioned on our changing our plans to include the option to expand the garages in the 5 plans that currently do not meet the City's Ordinance. Respectfully,' Mattamy Homes Rick Packer Director of Land Development Plan f0 a. F- (� N ❑' 2 CL C! C d Lu -� O > G1 LU v w J Qf .. CO .2.a-. > m W ipf N O' c E U m U) F- .+ E N y i O .% ii to L O LL .. a L LL O U- O m to y w CL O �- O O o 0. 'O a. d a y 0 w = to LL M cd LL Q F- 0 LL Uj w�+ !— x c i DI �'1 •'- � O LL C O o O CD LL A 'L O O LL s O o i> Q Z, rl > E E Q -Sm w Y N U (N7 U .v A m o 2 O iq 1 N 10 U .O a Ji o° N I X , ac v' D f^ V d I 3 01 { m O `I Bedford 1215 MN4031 D40A A MT mspsf10 0 1629 249 55 329 1096 444 1878 3303 1878- 3303 60'0" 40 X B CT mspsfl0 0 1629 249 55 329 1096 444 1878 3303 66'9" X _ l C CR mspsfl0 0 1629 249 55 329 1096 444 1878 3303 667 X X D CL mspsfl0 0 1629 249 55 329 1096 444 1 1878 3303 60'0" Cordell 1221 MN4056C D40B A TA mspsfl0 0 974 1025 0 0 866 511 1999 2865 1999- 2892 53'2" 40' B RS mspsfl0 0 994 1032 0 0 866 511 2026 2892 532" C MT mspsf10 0 985 1034 0 0 866 511 2019 2885 557 I Forster 1225 MN4053 D40C A CL mspsf10 0 939 1065 0 0 735 533 2004 2739 2001- 2751 467 40, p� X B SS mspsfl0 0 939 1077 0 0 735 533 2016 2751 44'9" I X _ C CR mspsfl0 0 939 1076 0 0 735 533 2015 2750 46'0" X — D RS mspsfl0 0 939 1062 0 0 735 533 2001 2736 46'0" i Dalton 1223 MN4051 D40D A SS mspsf10 0 968 1084 0 0 844 429 2052 2896 2052- 2903 41'6" 40' X B SH mspsfl0 0 968 1084 0 0 844 429 2052 2896 41'6" __ __ X _ G C CR mspsf10 0 968 1091 0 0 844 429 2059 2903 47'6" X D CT ms sfl0 0 968 1073 0 0 1 844 429 2041 2885 41'6" a X Q Cormick 1222 MN4057C D40E A TD mspsf10 0 1037 1136 0 0 971 537 2173 3144 2164- 3144 48'0.1 40' � — B PR mspsfl0 0 1037 1127 0 0 971 537 2164 3135 48'0" C CR ms sf10 0 1037 1135 0 0 971 537 2172 3143 (1] Danbury 1224 MN4058 D40F A VC mspsf10 0 1101 1081 0 200 876 454 2182 3258 2182- 3258 46'4" 40 _ X C WC mspsf10 0 1101 1081 0 200 876 454 2182 3258 46'4"_ X D MT mspsf10 0 1101 1081 0 200 876 454 2182 3258 46'4" X E TD ms sf10 0 1101 1081 0 200 876 454 2182 3258 46'4 X Z WC 1369 MN4035 D40G A SS mspsf10 0 1477 724 98 299 1356 417 2201 3856 2201- 3856 57-3" ' 40 _ _ X B VC mspsf10 0 1477 724 98 299 1356 417 2201 3856 62'0" X C CT mspsf10 0 1477 724 98 299 1356 417 2201 3856 62'0" _ X D PR mspsf10 0 1477 724 98 299 1356 417 2201 3856 62'0" X I Silvermere 1230 MN4054 D40H A SS mspsfl0 0 1082 1139 0 0 762 515 2221 2983 2221- 2995 49'3" 40 i' X B CL mspsfl0 0 1082 1151 0 0 762 515 2233 2995 49'3" X C CR mspsf10 0 1082 1151 0 0 762 515 2233 2995 49'3" X _ D RS ms sf10 0 1082 1139 0 0 762 515 2221 2983 49'3" X Dunnington 1363 MN4038 E50C A TA mspsfl0 0 1079 1207 31 31 877 685 2286 3194 2286- 3194 46'0" , 50I B VC mspsfl0 0 1099 1207 31 31 877 685 2306 3214 49'0" C CR mspsf10 0 1079 1207 31 31 877 685 2286 3194 52'6" D MT mspsfl0 0 1079 1207 31 31 877 685 2286 3194 52'6" Templeton 1235 MN4055 D401 A CL mspsf10 0 1116 1191 0 0 827 554 2307 3134 2307- 3168 51'3" 40' B MT mspsfl0 0 1116 1209 0 0 827 554 2325 3152 51'3" C SH mspsf10 0 1116 1225 0 0 827 554 2341 3168 51'3" ¢ _` D CT ms sf10 0 1116 1212 0 0 827 554 2328 3155 51'3" Montgomery 1226 MN4059 D40J B CL mspsfl0 0 1174 1203 297 188 891 454 2377 3456 2377- 3469 50'0" 40' _ X C SH mspsf10 0 1174 1216 297 188 891 454 2390 3469 49'6" — X E TD mspsf10 0 1174 1203 297 188 891 454 2377 3456 48'10" _ ! X X F PR ms sf10 0 1174 1215 297 188 891 454 2389 3468 51'6" Bedford 2'extension = 1 Dalton 3' extension = 2 Dandbury 2' extension = 3 Heatherton 3' extension = 4 Montgomery 2` extension = 5 I PA RC'I I l LL -L. A l 'C'A I C- - a — V L-. 1 V.L. `l Lij -L- i_ II �0 I I oo� 140 I I I I I~ fl 71 - —f-11 V 1 I \IV\7G gTI 1 A (1FlITl/'lh I — f H AL/L.I I I\JI v BOULDER CREEK MATCH LINE IA' (SEE SHEET 2 OF 4 SHEETS) � I \ m; — AVENUEjie --� 78.25 _ 124.27 8 , ps07'51'S4� _ 1 I— A=12'2928' 10.04.0 t I SOB �02p4'1V _ - I IC7A CIA NI -T- 1 r1Ln�: T -II V I 1 \IV VL_ f'�TI 1 A fI FI ITI/11,1 rILIL/I I IVIv VICINITY MAP I r- A L- A h I T in v I a a� Clrr�i�r- TI I ar I \IV\7L� I rl m� N A r,f11 TI/lAl /--1VV1I IVIV JI \\ II D L UW LU z � IL J 0 v FL Q 2 In W q W �I v / I I I J i DRAINAGE AND UTILITY=`—_T_—_a__ EASEMENTS ARE SHOWN THUS: I Denotes n o Inch by 14 Inch Von monument and or to be o _ -5 o I R"�\'taumw Z o metwith within one year o/ recording of this plat and marked wIN Ikrnse number 40381Carlson • 0enotea Found Iron Monumrnt, as noted I oGRAPHIC SCALE 0 25 50 100 Bearing at Quarter The East linehes of the er o half of the being 5 fest In width, and d)DInIadjoining aide lot lines, City of Otsego, Wright County, NN McCain Southwest Quarter of the Northeast Quarter of Section 27, and 10 feet in width and adpining right of way Tawn.hip 121, Rang. 23 Ie assumed to bear South 00 line and rear tot lines unless otherwise shown on Section 27, Township 121, Range 27 SCALE IN FE degree 10 minutes 04....nd. East, this plat. 1IINCH = 50 FEET ENVIRONMENTAL- ENGINEERING =SURVEYING SHEET 3 OF 4 SHEETS --talc, Doc. No. A1280232 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on February 03, 2015 1:30 PM Fee: $46.00 Barb Gabrelcik, County Recorder DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR BOULDER CREEK This instrument drafted by: Hellmuth & Johnson (NTP) 8050 W. 78" St. Edina, MN 55439 (952) 941-4005 RETURN DOCUMENTS TO: 1E 1,v. DCA TITLE 1250 NORTH FRONTAGE ROAR HASTINGS, MN 55033 FILE# y oavl� s DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR BOULDER CREEK � 20 `� b THIS DECLARATION is made as of the X4...7 day of (hereinafter MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership (h referred to as "Declarant"). RECITALS WHEREAS, Declarant is the fee owner or contract purchaser of that certain real estate described in Exhibit A attached hereto and incorporated herein by reference (Property."). and Declarant desires to create thereon a community of compatible and complementary single-family residential homes of consistently high architectuna-I quality for the Benefit Of the residents of the community; and WHEREAS, Declarant deems it desirable for the preservation of the natural beauty of the Property and for the assurance of consistent duality in architecttir l design to establish e-ertain restrictions and covenants governing the development til"the Propeity and to create a committee to which shall be: delegated and assigned the powels �f admhii., r ring and en' inl cel an of the following covenants,anti restrictions and exercising unfettered judgment as to what architectural designs are compatibfe-aid complementary to the Property; WHEREAS, Boulder Creek of Otsego homeowners Association, a Minnesota nonprofit corporation (hereinafter referred to as "Association"), has been formed for tbV pu;'Dose of effectuating policies and programs that will enhance the pleasure and value of the, 1?pert)r; maintain and administer certain easement areas, to preserve and enter hce the Property`. Wadl llntster d enforce the covenants and restrictions, and to cca11 ct rid <lisburs thea essrrleix and andOw,9 s', hereinafter created; WHEREAS, this Community is exempt from the provisions of the Minnesota Common Interest Community Act pursuant to Minnesota Statutes § 51.5B.1 -102(e)(2); and WHEREAS, Declarant intends that certain of the following covenants and restrictions are to be administered and enforced by Declarant, tie Association and the future owners of properties located in the Property. DECLARATION the propertyas tegMly, described on Exhibit A jjse�d subject t0, the lQ110win; eaw' ming, rc.atiee�tjwA% c.uyw. . .. .._. ptirpcise: of protecting the value find desirabilit} of, amid whieh shalt run with, the real property and be =on on all pies Ping. airy rift, title ter interest ' th4 said prt�perttes here na r tescribeci sittft .hart there fT their heirs:; successors at d assigns; acid shall intoe to file behdf t of s ach tlwrier ARTICLE I DEFINITIONS Section 1. "Additional R ai Estate" shall mean that portion of the property legally described as set forth on Eattac xhibit C hed hereto and incorporated by reference, which Declarant reserves the right to subject to the terms of this Declaration pursuant to the provisions of Article XV hereof. Section 2. "Association" shall mean Boulder Creek of Otsego Homeowners Association, a Minnesota nonprofit corporation. Section 3. "City" shall mean the City of Otsego, a Minnesota municipal corporation. Section 4. "Common Elements" shall mean those portions of the Property other than the Lots. The initial Common Elements are legally described on Exhibit B attached hereto and incorporated herein by reference. Section 5. "Common Expenses" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including, without limitation, allocations to reserves. Section 6. "Declarant" shall mean and refer to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership. Section 7. "Governing Documents" shall mean this Declaration, the Bylaws and Articles of Incorporation of the Association, as each may be amended from time to time. Section 8. "Living Unit" shall mean a single residential housing unit consisting of a group of rooms and hallways, which are designed or intended for use as living quarters for one family. Section 9. "Lot" shall mean and refer to any tract or parcel of land shown upon any recorded plat or subdivision map of the Properties, whenever such plat or subdivision map, as amended, replatted or further subdivided, shall be made of record. Section 10. "Member" shall mean any person or entity holding membership in the Association as provided in Article N hereof. Section 11. "Owner" shall mean and refer to the record owner, whether one or more pei ons yr :nrrtities,,t f the _tee hm pl� tilt tti any Lot subject to the Declaratibn,.but shall not mean or t efr to tYte:rxrprlggee of any sretr Lot triless :{utl until sttcYr mortgagee hay acCluirect title pursuant to for°eclosure of said xnortg e as tho. orlt d vrt%tti ?I jc s the lee owner may redeem Jnr sue�1 foreclosure lras ermin<itecl. V bore any- sti�ch I,ot is being sold: by the fee owner to a contract vendee who is entitled to possession of the Lot, the contract y ndee slratl be Considered the "Uwner"T of the Lot. Section 12. "Property" or "Properties". shall mean and refer to that certain real property described in Article II of this Declaration, and such additions thereto as may hereafter be brought within the scope of this Declaration. 2 Section 13. "Rules and Regulations" shall any Rules and Regulations promulgated by the Association pursuant to Article XVI, Section 1 hereof. ARTICLE I1 PROPERTY SUBJECT, TO THIS DECLARATION Section 1. Properties. The real estate which is and shall be held, transferred, sold, conveyed, occupied and used subject to the Declaration is located in the City of Otsego, County of Wright, and State of Minnesota and is more particularly described on Exhibit A attached hereto and incorporated herein by reference. ARTICLE III TSM lLRC IONSOBL1(A�I3 YS AND PROPERTY RIGH 1i Section 1. Liviqg_llnit Restriction.. No Living Unit shall be used for purposes ;other than single-family residence, .nor shall any tattle or business of any kind be , cairried on within a Living Unit or upon, "Lot, provid�'cl that iloiI of the following activities . shall be considere:�i a violation of this covenant: a) An Owner may use a portion of such Owner's residence for home office purposes, provided that the Owner shall not employ or engage the services of more than one other person, not retated t€ "the ()-vvner; to be perfuin d iii the residence for any trade of l ushiess varpose, nor shall there be excessive traffic into or out of the Owner's residence or Lot, nor shall any business signage be placed upon the Lot or any structures located on a Lot. b) An Owner may employ or engage the services of a person or persons to provide home maintenance, child care and/or other domestic services for the benefit of the Owner and other occupants of the residence located upon a Lot. c) An Chvnec t: y conduct a hoine-�liased day cure bUSiti ss upon such Owner's Lot in comphance with all state and local statutes, 1aVvs, ordiiiances; rules and regulations, including les; a..rrlRegu atios that;nay be es tablished by the: Association.. ARTICLE IV 11MI3ER,SIIIP Ai�I? V()TlIO l$HTS INIATIOI�t: Sutton I: Men bersh4). Leery Owner of a Lot subject to assessment, except as herein provided tb the contraty,'sluttl be entitled rind required to be a member of the Association. If title to a Lot is held by incite than one person, each oi�such persons shall be a member. An Owner of more hair one Lot shall be entitled to gine membership f6t each such Lot. Each such membership shall be ap surtenaiit Eta tlic Lot upon which it t� bfised and shall transfer automatically by voluntary. or invcilittit , ctin reyance of the title of that I - Ntii. person or entity other thsrr an n or I3eclnrant mag e a xiaMiber of the Association a. _a membership in the Association �aY notbe fraxasterxeci exceOf.in connection with the trAfer of title to that Lot. At'Ovvrier iy>owever, assign voting rights to a mortgagee or contract purchaser. Section 2. Transfer. A membership in the Association shall not be transferred, pledged or alienated in any way, and except upon the transfer of the record title of a Lot and then only to such transferee by assignment,. intestate succession, testamentary disposition, foreclosure of mortgage of record, or other legal process. It shall be the responsibility of each Owner, upan. becoming entitled to membership, to so nolifv the Association in writing. and until so notified, the Association may continue to carry the name of the former Owner as a member, in its sole discretion. In the.. event the Qwner of any I:ot should fail or refuse to transfer the membership registered in his name to the transferee of title of such Lot, the Association shall have the right to record the firansfer upon the books of the Association and issue a new membership to the transferee, and thereupon the old membership outstanding in the name of the transferor shall be null and void as though the same had been surrendered. Section 3. Ygt M. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of Declarant. Subject to Section 3.2 of the Bylaws of the Association, and the provisions of this Section, Class A -Members shall be entitled to one (1) vote for each Lot owned. Class B: Class B Members shall be the Declarant, which shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the happening of the first to occur of the following events: (i) when the total votes of Members outstanding in the Class A Membership .equal the. total votes outstanding in favor of the Declarant in the Class B Membership; (ii) on December 31, 2025, or (iii) on voluntary conversion of the Class B Membership by the Declarant to Class A Membership. As used herein, reference to the "period of. Declarant w firol" shall mean, with respect to the Association, the period commezrcing on t� date ltereof tliro�.igh an including the date of termination of all Class B Membership interest to theAASsctatn When more than one person holds title to any Lot, all such pesonshall be r-emi rs tU ate for such Lot shall be exercised as they among themselves detirmi �, but m oo .event sh .' more drat; cine ;vete �i'e cttst thi respect to any one Lot. There can be no split vote Priorto-eir-of tfte :time of any �neetiag at vl ch a Mite, is to be tt*pn, each: eomO vner or ether person entitled tci. a vote .at sushi meeting Miall file with Secretary :of the A:ss.W ation the name of the vcitirrg ea ier of other person entitled to a vote 61, such inietiog, unless such ()vier or, attrpetn.has filed a en'rai votitrg a wish the Secretat li lets :all votes until rescinded. Section 4. SiiM of Y! the payment of.erly.ttino nt due under ai {30) t nays, or, shall be in 4efault.;irr the' *16d of thirty. (30) days, ,suet Owne sp060 rle� by the lioartl anti shall rna dafhults remedied: 4 s in ce of any . of the terms cps . this I ecl aratign for a vote as a rnetnber of the Association may W wl-.tiW..400rpents. are brought current and :all ARTICLE V COMMON EXPENSES Section 1. General. Subject to the provisions of Section 6.4 of the Bylaws, the Association shall have the authority to contract for and upend money for the purposes of enforcing the covenants and restrictions Contained in this Declaration, and for incidental purposes relating to its operation as described in the Declaration and the Association's Bylaws. Such expenditures will be deemed Common Expenses. Section 2. CaRftal_ontriliuti�jl. At the time of the initial style of any Lot from Declarant to any Owner. such owner shrill pay to Declarant for the use by the Association a sum equal to one sixth (1/6i) of the annual as in effect as of the dote of closing of such sale. If no annual assessment has been levied at the time of closing, then rite- :capital contribution shall be $ Such sum shall be delivered by Declarant to the Association for. use as described in this Declaration. The Capital Contribution for any Lot shall be levied only upon the sale by Declarant to an Owner and shall not be levied on any subsequent sales of the Lot. ARTICLE VI ASSESSMENTS Section 1. Personal Obligation: Lien. Declarant, for each Lot owned by it within the Property, hereby covenants, and each Owner of a I.ot, by acceptance of a deed or other conveyance, therefor, whether or not it shall be so expressed therein, shall be anti is deei.ped to, covenant and . licreby agrees to pay to the Association: (a) annual assessments or charges, which shall be payable in. regular installments and shall include, but not be limited to, Common Expenses. and (b), special assessrnertts, such a cssrrrents to be established :and collected as h6reinaftc r prodded and subject irr tiny event to the provisions of Section 4 of this Article VI. Any a . essmcrits authorized herein; togtthcr with interest, costs and reasonable attorneys' fees, shall be. a continuing lieu fi-orn tite first day of the fiscal year (ftir annual rtssessrtients) and from the date the .first inswIment is liayablc (for special assessincrrts) .af;rinst rite l.:ot assessed. Such annual assessments shall be due and payable in annual, sem-i" 61 1, this -terly or monthly installments, at the discretion of the Board. Each assessiner t,: tcrgt they witli;rnt&e , caste and r�;ttsortable anorneys' fees, also shall be the personal obligation of the personvlto was the, Owner of such I;:at on tete. date said assessment became due an;aylzlt : Baia persorral,obigation pf'<tit f}weer shall not pass to his successors in title or interest Ctriless expressly ttsfitrtrred by therri or unless, prior to such transfer, a statement of lien for such assess nts shall hays; een hied it v�rriting °with the County Registrar of Titles/Recorder (as appropriate) for Wright County, Minnesota. No Owner shall escape liability for the assessments which fell due while he was the owner by reason ofnon-use, transfer or abandonment of his Lot. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the common expenses described in this Declaration. Section 3.. Special Assessments. In addition to the annual assessments authorized . abo aei the :hoard may levy, in any assessment year, a special assessitient applie�ible to that year cittly for the purpose of ddiay ng, err tivhole or in part, the.cost of any un#aa esceri i�.r uni�idgeted eornrrio%i expensei including aw.itl c�iit imitation the unexpected corastructicin,, rcc oristrriction, re pair fir iIlacerrrtt of caprtal irriproverrtent and inclrtting fixtures aid persorial prcaperty related ticreto. Section 4: _irate of_Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots._ except that the Declarant, or any Lot owned by it, shall not be liable, or subject to a lien, fol any assessment until the Dwelling within the Lot is completed and certified by the City ready for occupancy as e residence. Section 5.. Surcharges. The Association, in accordance with reasonable and uniform standards, may add to the assessments for a particular Lot or Lots a surcharge for maintenance expenses directly caused by the negligent or willful act or omission of the Owner, resident or invitee of such Lot. Section 6. Commea cen3ent of Irt tial tinnuai, ;ssessrrrc rtts. ul?jett to the pr<�visions of Section 4, above, with regard to Declara'it's liability for assessrnents,.the obligation ofany Owner to: pay assessments shall comnience at the later of (i) the time: at which the Owner acclunes title to the. Leif, or (ii) the due dateof the first assessment levied by the Board, which levy shall be made at the discretion of the Berard. The first annul assessment.slial.l be adjusted according to the n`utrrber of months remaining in the calendar year. Cortitencement_..of Annual _A'ssesstiiertts, At least. thirty (30 days in. Sectio -ft '7. _ � . _. i . ativatice e .f each siabsequnt Oscal year; the t3otuci shall Fx tli~ atitrrtrtt of annual assass€ners against cach Lot for the following tiscr) year and shall send written notice thereof to each t7�vrier. :'f lie due nate for payment of annual assessments shall bets set by the Board. At the Unle the cord likes the amount of a atral assessments, it shall adopts budget for the following seal year and Cause a Colby of strep btid : t (n reasonable detail to be funusl ed tv each Owner. The failure of the Board to iiinely Iovy ai'- nnual assessment shill not relieve the Owners of their oblig6nAd continue paying itistallrriet is of assessn tints in the amount rrently vied as well as any incre es subsequently leveed. Section 8. Proof of Payment. Upon written. demand of an Owner or first mortgagee, at aii}° 'ttrie and tcfr u rcasaxrtle cltetrge, rifessoation shalt furnish a written certificate signed by an -officer or went of the; Association setting forth vwhether there; ;ire y then••irnpaid atiiiva1 ar special ass-essmonts levied against set(ah Owners or first mortgagee's Lot. Such certificate _shall be conclusive' evidence of p'aytrrent of any annual or special asse:ssinents not stetted therein as unpaid, and ofany'intrinteri<rnce aasossrr7eits ancf surcharges stated therein as p*i Soetrort i lonpayr t ©F:Ass ssri enis Any assessments which ark not paid vvhert due.sl�tlle der dettngtaerik In the event of a defaidtnl`inoie thtirx flirty (fit}} days m pttyrnertt o ,. My assessrxtep a ntent ttacreof,-the Bt7ard may accele> ate the rerrtair irrg f ase ailment of the assr ssnietit cline ht etre int assessment yam; upon ten (til) �' '` wvtt ttrt notice iherec f to the finer, trail there tion the entire unp tl bal�trlce of tie assessmenf' with all accrued znterest and per lues sh=ell become cote curd payable uteri the doe stated to the raotree 1f4 ax} annual, semi- annual quarterly fir monthly assessm�;t is riot ft�td by etre tc nth {l (} iiay cif the rtr7nth en it is due, the Board may assess a service charge in as amount det `rtcrined by ft:Board, and such shall becorne..ii continuing lien in favor of the ,- 'o nttciri.on rife i of agatrrst yvhich assessed and the txrtrovements thereon, ttncl the lasstscatottot'' Orvner acting to the narnrr ttntl fir rife lenefii?f the Assnaitrtion rtiay bring an action at law far in equity against tlr6 person pe�rsonlly obCiated to Z, the same, including itite res , costs>and reasonable attorneys' fees for any such a�tip wown sit ll be' added to'the ail c iznt_ of sriclt :ass�essrnent acrd rnr luded in azly��udgtnc nt rendered rn siU. action, and the Association may also enforce and ibreclose ani hen it s pr tvhzch.rkray exist for ilk benefit. There shall be no right of set-off against the .Assactatton based upon a failure to provide services or for money owed by the Association to the Owner. Section 10. R ordifia._gMd_ Enfbreetnent�_of I. e s Recording of this Declaration constitutes record notice of any lien under this'AMM e= and no further recordation of any notice of or claim for the lien is required. However, to evidence a lien for sums assessed pursuant to this Article, the Association May prepare a written notice of lien setting forth the amount of the assessment, the date due, the tarnount remaining unpaid, the name of the Owner of the Lot, the name of the person personally obligated to pay the same,. and a description of the Lot. Such a notice shall be signed by an officer of the Association, and it or a notice of lien :or adverse claim thereof may be recorded in the vffige of the County registrar of Titles/Recorder (as appropriate) for Wright County, Minnesota. Upon delinquency, the Association shall proceed promptly to enforce the lien or, in its discretion, to sue the person Personally l fable to pay the lien for the delinquency. Such lien shall be enforced by action or by polder of'stile, which is hereby deemed granted by each Owner, at the option of foreclosing party, in the same manner in which mortgages on real property containing a power of sale may be foreclosed in Minnesota, provided, however, that the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys ties. au. tho-rizO by the declaration or bylaws, notwithstanding the provisions of Minn. Stat, Section 5$2 p, subdavisrons 1 . .and1 a. in any such foreclosure, the person personally obligated to pay the lied shall be requirl: to pk all costs of foreclosure including interest, costs, and ail reasonable attorneys' fees, notwithstanding the provisions ofUiran, Stat. §5$2.011, Subd. I and lei. All such interisl, co8t3, and expenses shall'b6 ,secured by the lien being foreclosed. The person pet'sonal.ly obligated to pay the lien. also shall berequired to .pay to the Association any assessrraents against the Lot which slastll become due during the period of foreclosure. The Association shall have the right and pourer to tied at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, ietrt; encumber, use and otherwise deal with the foreclosed interest in the Lot as the Owner thereof. 'flae Association slW, upon written request, report to any encumbrancer of a Lot any ;assessments rern€aining unp,,xi"d for longer than thirty (30) days after the same shall have become due, provided, however; that such encumbrancer first shall have furnished to the Association written notice or'stich encumbrance. Section 11. Subordination of Lien. The lien of the asj�essrnents provided for herein shall be subordinate to the lien of any first mortgage and to tax liens and liens for special assessments in favor of any taxing and assessing unit of government. Sale ortransfer ot'any Lot shrill not affect the assessment lien. However, the sale or transfer of any Lot pursuant to Foreclosure of the hist.'- mortgage ist mortgage or remedies provided in the mortgage, or arty proceeding1n, Iieu thereof, shall extanguas a' the lien of such assessments as to charges which accrued prior to ac:qu sitioh o title p trsuaatt td such sale; or tran fer l 6twithstandirig the fottgotng, if (i) a :first rnartgage cin a ;sat is f'rareclosed, <tnd (a ) nvsmer reclepms during the Owner `s pend of redemption provided by Manriesota Statutes Ch4pters 5 £, 5 1 ctr 582, there the he�Id& of tete sheriffs certificate of sale from tele foreclasu the first mortgage or anyy persota who. acquires title to the Lot by redemption �s a�ttrdbr ereclztdt sl�I1 take tail to theot sttbli to unpaid aissesstnents foe Cotxton l�cs lbvzed putsuarrf tea flus llaratvt >vlaieli bec[ie dues wtthe7ut acceleratt'et, during the s: months irrtrnechateiy preceding the first day following the end of the Owner's period trf redemption. leo such' sale or transfer shall relieve a Lot from liability for any asssrraents they er becgaxltng due or from the Lien thereof or shall relieve the person personally ob%gated tv ;ray the ;ter of personal haliltty fUr assessments due prior to such sale or transfer or acqui5ttot prerttises.. Any deZ;ntluent assessments, the lien for which is extinguished b}r reason of this prQvtavn;-tray reafloeated arfc assessed to all Lots as a Common Expense. ARTICLE VII OTIEIi BIGHTS AND Mol,- ATIO LS OF TNF ASSOCIATION Section 1. imares the As- weldtaop may obtain and pay for the services of any persons or entities,: -to mtanago the of irs of the Association, or any part thereof, to the extent it deems advisable, as we11-4s sU011 other persat el .as the Association shall determine to be necessary or desirable for the proper disehar.:gc .of its duties;. as such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with its work or the enforcement of this Declaration. Section 2. Maintenance Obligations of Association. (a) Common Elements. The Association shall maintain the Common Elements, including maint6nanee,..repair and replacement of landscaping within the Common Elements, including niovring of gross; trimming of trees and shrubs and irrigation of all landscaping, and egaipilient, if any, used in the irrigation of the Common Elements, including all plumbing, wiring anis underground utilities. (b) l:iitrance Monuri njfs). The Association shall maintain the entrance monun Crit identifying the Boulder Creek community located within that portion of l'ot A' f31octt, 4, Boulder Creek, encompassed within the easement marc fully described on D. Nbit.. D attached hereto and incolporated herein by reference (Lasernent Parcel"). Birch maintenance shall include, but not be :Yin -limited to, iY►ti% tel tittce, rep r' ails replacement of the entrance monument itself, as well as the immediate surrounding m property within the Easement Parcel (a minimuof six (0) feet froml- (s)), including any related fencing, landscaping, and eq iip`ment, if any, used in the irrigation or lighting of the monument, including all plumbing, wiring and underground utilities located within or serving the Easement Parcel or:.improtfements thereon. (c) Berms. The Association shall provide for maintenance, repair and replacement of the berms located within the Easement Parcel. The Association's maintenance . responsibilities shall be include maintenance of the irrigation system serving the Easement Parcel, mowing of grass and fertilization and -weed control. Declarant hereby: grants the Association.. and/or its agents a non-exclusive easement over, . across and through the Lots within which the Easement Parcel lies for purposes of performing such maintenance obligations. (d) Trash Removal. The Association shall be mspoxiszl . Ar rciutme tr h. removal and recycling pick up. Any charges incurred for reinov l of arg. item or excessive amounts of trash maybe assessed to Lot fctitn'mN6 such fe ti sh are removed. (e) Box CI iJ iiboxes. 'flte A soeidtttaid shal'1 be responsible har t}ie . maintenance, repair ant( replac rirent of CBU trirul st s ohd related I edest Is 13 c maintenance, repair _ arid replaeern€r l ha%1 lie in accord an o with tan ds sitd. policies established :by, the Associ4tlti vhich'.shxll coiriply,! a tnitritznata:vitYr3e' United States Postal a04ce require fcir rriaiibcrxcs, If the Association fails or refuses to perform its maintenance obligations as set forth herein, the City shall have the right, but not the obligation, to perform such maintenance obligations and assess the costs thereof against the Lots. Section 3. Ntaintenanee. C?bltcta.n_at w --hers• The Owner of a Lot shall be solely responsible for all maintenance, repair and replacement (collectively referred to as "maintenance") of all portions of his or her Lot and Living Unit, including, but not, limited to (i) maintenance of. landscaping and lawn, including all boulevard trees; (ii) maintenance of roof and all exterior building surfaces; (iii) maintenance of all interior portions of the Living Unit; (iv) maintenance of walkways located within a Lot, from Living Unit to sidewalk, including removal of snow therefrom; (v) maintenance of driveways, including snow removal; and (vi) snow removal from any portion of any sidewalk (public or private) abutting the Owner's Lot. Section 4. O tional Maintenance by Association. In addition to the maintenance described in Section 2 of this Article VII, the Association may, with the approval of a majority of Owners who have authority to cast in excess of fifty percent (50%) of the total votes in the Association in person or by proxy at a meeting called for such purposes, undertake to provide ground services (landscaping, snow removal) to the Lots. Section 5. llama c_ C1, usf ed.. y. Owner, Notwithstanding any provision -to the contrary in this Section, if, in the judgment of the Association, the need for :Maintenance of any .part of the Property is caused by the %Qftil or negligent act or omission.of any. Owner or Occupant; or their guests, or by a condition in a Lot or Tiring Unit which the Owner Or Occupant has willfully or negligently allowed to exist, the Association. may cause such damage: or condition to be repaired or corrected (arid enter upon tiny Lot to do so), and the cost thereof may be assessed against he Lot of the Owner responsible for the damage. Section b. Nlaitifienanee 1eTsj7c)nal3ilifiies ,_ 3etined _ by ., t3oar _ t1 tJtrec tc�.rs:. Notwithstanding any provisions to the contrary, the Board of Directors shall have the sale and excursive authbrity to define the scope of maintenance and repair o bc. provided by the Assotitttion. "1�1e:Apard of Directors is hereby vested with the authority to interpret the Governing; Docunxents and rule on any anbiguities contained therein. The Owners slil lie legally bound by any dux rsaozs of the Board of Directors pertaining to the determination of the: Association s maintenance obligations and the scope and extent thereof ARTICLE VIII I SIJ&k SCE. Section 1. Maintenance of Insurance. Commencing not later than the time of the first conveyance of a Lot to an Owner other than Declarant, the Association shall maintain (a) Property insurance in broad fcrrit eove;iEg all risk-s.of physical loss. in an amotint equal to one hundred percent (10D%) of the rnsttrttttle "replaeeiner?t east" ofproptrrly owned by the Association, whether real or persotiaL Iite policy or policies shall W. contain "inflation Quard" and "Agreed Am6unt" endorsements, if masqTmbly available. (b) Comprehensive public liability insurance, covering the use, operation a lay nd; maintenance of property owned the Associ4t 6h, whether real or personal, as welf. e its operi nl4 intcnancc cif lands or upproveinents avhich the Association is ;obligated to astaintarn with nunimtinr limits of 1,f3 {};i100 per occurrence, against claims for ;death, 'bodily itilury and property damage, and stitch other risk as are: customarily covered by such policies for profects similar in construction, Intttton> and use to the Property. The polity slzall.mutair a "severability of interest" endorsement which shall preclude the. Usurer fiottt derryJthe clams of an. Owri01- or Occupant because of negligent #0 tof the Ascot tatton or :oilier 'C3wners or Occupants. (c) Fidelity bond, crime or insurance wmerage against :dishonest acts on the part of directors, officers. rrratt ger; trustees, employees of persops responsible i`or handling funds belonging to or 4dnoinisi t -ed by the Ass biahob% tf deemed to be advisable ley the Board. The fidelity bozld or instiraxtce shall n� theratAssaca as the named insured and shall 'be write. in an amount equal to the greater of (t): the estimated maximum of Assoc .Rinds, including reserves, in the custody of: e Association or managei"�icrii. ag ret at ariy given time while the bond in force, carK.",;a stall equal to three months aggregate assessments on all Lots plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. (d) Workers' Compensation insurance as required by law. (e) Directors and officer's liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. (f) Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. The Association shall not be required to insure any Lot or Living Unit. Section 2. Premiums; hpprgycments ...Deductibles. All insztrance premiums shall tae assessed and paid as ai:oxnnion iaacpcn 3hc Assoc anon n�ay> in the case of a claim For d�rataage ri strltm'. g frottz the acts or ownissions of a- 1 of Owner or Occupwit or their guest, licensee or invitee, (a)day. the deductible amount as a Common Expense, (ii) assess the: deductible arnotutt against the i tits of such Owner in any reasonable manner, of (iii) require the Owner of the Lot causing tile 4 F.. age affi�cted to pay. the de ductible ,tkhbunt irectly. 13ie At;socia ion's decision as to,rv(ao:shall be charged , �yjth paying 4 cledttctzblt ari ount.z ay, but need not, be bszsccl upon ldult, Section 3. Igsj 1'cei All insurance~ coverage maintained by the Association shall be written in the name of, and :the proceeds thereof shall be payable. to, the: Assocttcln dorluled anstzzarzce trustee `selected by it), 'lire Association, of any insurance trustee selected lay i#, shall have xcltisive authority to negotiate, settle and collect upon any claims or lasses. under any insurance policy maintairaeti by the Association. Section 4. Waivers of Subrogation. All p6heies' cif insurance shall cont 11 waivers of subrogation by eft znsiret against tl Asstczatiort, nr an Owner, trterrtbers of the Owner's household, of icexs oz d rec tots, tts appll ble, and, it>t vaiiable, waiv es of any defense based on co- irtsttrance or of inv2zliclity Frotxt any acts of tlac ensured. Nr }thing in this secttnza shall prolril}it zzry L wary Fiona subxc�gating hz or leer %i�dividLzal insurance coverage (as difiereritiated friizn tlz: ensa rant €, obtaine%l and tnaztrtairaed l?y t1 .Ass ciatior}} against the in vtduAl instu ee ti+tJrage of another Owner. Section 5,twanccllat a All policies of property insurance an lfabxhty rzisurance r m V ed by the Association shaft provtde that the policies shall t' lee rrateed .ter sitbntilly modified, for any reason, without at least 30 days prior written notice to the Association. Section G, Mestoratzon zn.Lieu oC dash Setticrrzent All polkl cif property :itzw Ica z�eil-by thc;Assc clatzoza shall provi that, despite tizzy provrsic ns giving the.rnsurer the rtgl ( to dleet'to restore damage in lidu of a cash so linient, such opticitt shall not �e e��tsabl� �t wttliout alae prrrzt vvritteti approval ol• the As .ociatian (or aziy lnstivat a grtrstee) or 0 -hen to conflict with prow stony of ani sura e trust agreement to which tl e tlssociation MAY l>e a faxV; or any requirement of law. Section 7. No Contribution. All policies of insurance maintained by the Association shall to th pz zzrzz ry in 611c.e whety there is other insurance in the name of the Owner covering the same property; ari may not t6.b W&tato contreb ztion with any insurance purchased by Qwz)eO- Nothing zz this. section shall pxohtbzt an Qwrtr's individual zrzsurazce covrage (as diff€rentzated from the i zsuratzzce obtained an ; awa ned the r°ssoczattc n) front provicline;`gap coverage" Feer any deductible nder the Association's policy assessed to an Owner;ptrrs UUIt to Section It r uf 10 Section 8. Effect of Acts Not Within Association's Control.. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. ARTICLE IX RIGHTS FOR THE PROTECTION OF FIRST MORTGAGEES Section 1. Precedence. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. Section 2. Liability for_Unpaid Assessments. Any first mortgagee who obtains title to or comes into possession of a Lot p'urs'uant to Ithe ternedies provided in the mortgage or by foreclosure of the mortgage or by deed or assignment in lieu of l reclosure,, and any purchaser at a foreclosure sale shall not be liable for the unpaid assessments of the Lot which accrue prior to the acquisition of title or possession to such Lot by the mortgagee, except (i) as provided in Article VI, or (ii) any unpaid assessments or charges with respect to the Lot may be reallocated equally among all Lots. Section 3. EYrrminatitin, of..Books and Rgs orcls. First mortgagees, including holders, insurers and guarantors of first mortgages shall have the right to examine the books and records of the Association, as set forth more fully in the Bylaws. ARTICLE X ARCHITECTURAL CONTROL COMMITTEE Section 1. Fstablistiinent of Architeoffira cbritrol Gannn tree. There is hereby created an Architectural Control Committee (ACC) to regulate and di the terms, conditions, covenants and restrictions of this Declaration as more fully provided herein. Section 2. Committee Membership. Unless otherwise provided by the Board, the Architectural Control Committee shall consist of the members of the Board. During the period of Declarant Con'trt I pravid:cd in Aiticlo IV Seetiart 3 hereof, Declarant shall l<iave the authority anti' power ter appoint successors ata& ,replacements t<iy an instrument duly recaxded in the records 0 the Association until (i) .Declar:ant, has Onvey dfee title to all Lots within the Property, mid -tt a Living Unit has been constructed and a certificate of occupancy has been issued on each and every Lot. Section 3. Review by Committee. For so long as the Board shall exist, no building, structure, fence, swimming pool, tennis court, or other structure shall be commenced, erected or maiirtained upon such Lest, nor shall any exterior addition to or 4han eor alteration therein (gencr"tlly refer 'eci to herein as "Alterations'`') be made 'until the plans and speer icai"sans showing; the, trttsre land, shape, height, rxmt%riats colors strrrouiding landscaping, .arid location of the same shal4-have Been submitted to and approved in writing as to harzitany ofexternal design and loeatiozr in relation to surrounding structures and topography by a rrza1 it of the Board• Por all proposed construction or improvements of a permanent nature proposed to `be placid upon any Lot, the following procedures shall govern requests for Alterations under this Article: 11 (a) Complete detailed plans, specifications and related information regarding any proposed Alteration, in form and content acceptable to the Board, shall be submitted to the Board at least ninety (90) days prior to the p.rgjected commencement of construction. Lot Owner shall; at a minimum, comply with the restrictions set forth. in Article XI hereof. No Alterations shall be commenced prior to approval. (b) The Board shall give the Owner written notice of approval or disapproval. If the Board fails to approve or disapprove within ninety (90) days after receipt of said plans and specifications and MI other information requested by the Board, then approval shall be deemed denied. (c) if no request for approval is submitted, approval is denied. (d) All fees and costs incurred by the Association in conjunction with any such request for approval, including attorney;;' fees and costs or fees and costs of other professionals, shall be borne by the requesting party. Any such fee or cost which the requesting party fails to pay shall be assessed to the subject Lot and Owner of such Lot, and shall be a lien against such Lot and the personal obligation of such Lot Owner in the same manner and with the same priority and effect as assessments under Article VI hereof. The Declarant shall be exempt from the requirement for ACC approval of initial construction of a Living Unit and related alterations to a Lot. Section 4. Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Article and shall be entitled to recover from the Owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not legal ;actfob is started; S.ueb, attorneys! trees, and casts shall be a lien against the Owner's Lot and a personal obligation of the. Owner. jb. addition, the Association shall have the right to enter the Owner's Lot and to, restore any pail of the Living Unit or Lot to its prior condition if any Alterations were made in violation of this Article, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Lot. Section 5. li cli'lication.toAllo v� Access,tct_the Disabled_ .Sohl . t to ilii provisions of app. icable laws an Owner; at Owner's. expense, may zz�ake improvements or Alteratir ns to a Lot as nceesmy foi the hull ertjayment :of the Tart by any pepon msieling In the Lot wt. q lam: a handicap or dusabtlrty, s prb4ded in the Darr 1 Iousung Anuendiruents A.ct,. `t}nuted:,�tates Code, Title 42, Section 1, et sem. aitd theI'tzuruesota f3auMtu l; iglus Act, Chapter 363, and any amendments to those acts 1 lie ;Associat"rpn rimy not prolhrbi such irnprovements or Alterations referred to in this Section 5, but may reasonably regulate the type, style and quality of the improvements or Alterations as they relate to health, safety and architectural standards. Section 6. Hold Harmless. The Owner who causes an Alteration to be made, regardless of whether the Alteration is approved by the Board, shall be,sglely responsible for the cons rvetion standards and specifications relating to the Alteration, and the consttw6cn wcrrk, The O?Amer, and not the Association, is responsible for determining wlw-thee any fllteration-is in viniatiors of any restrictions imposed by any governmental authority having jurisdiction over the Property In no, event shall the Association's review or approval of plans3 specifications or related information be deemed to constitute an opinion or statement by the Associtltmon as to the 11 adequacy, or structural soundness of the Alterations or their. compliance with governmental lawn-, codes.. ordinances or regulations. The Owner shall hold the Association harmless and indemnify the AStOOiation, and its officers and directions, from and.agaii 5t any .experuses claims, damages, loses or other liabilities, including, without limitation, attorneys. fees 4od costs'of litigatim wising otut of (i) any Alteration 12 which violates any governmental laws, codes, ordinances or regulations; (ii) the adequacy of the specifications for construction of the Alterations;.and (iii) the construction of the Alterations. Seetion 7. 'G h iyer of _Liability. The Board shall be concerned about aesthetic characteristics only and dices not assert architectural expertise. In the covrse of its duties, the Board play tequest certain design modifications in the interest of producing overall Lot: imprctvetnents nwre cornpl.immntary to di- comma ible with the Boulder Creek cornniunity. It is the sole duty and resp4insib lity of the ..applicant to employ all architect or other person to design the requested modif cations in a safe and areliitecturally, sound manner. Dich Owner of arty interest ur the Vropcand assigns, as a condition ity, his heirs; successr>t of his ownership, waives any ii to clarnages which result from architectural design requested by the Board and/or- ACC. lie BoatcVACC shall exercise its best judginent as to aesthetic charactcrrsti . of trichite aural design quid its judgment shall be fitted. To the fullest extent permitted by applicable law, no member of the_ Board/ACC shall be personally liable to the Owners, or_arr of them; and all Owners hereby waive acrd forevexdischarge: the tnembeit from. time tcs ttrrre ref the- BoardlACC:, forbreaeh of any fiduciary duty of such Owners. ARTICLE XI LAND D T REQUI�I4 TS AND RE9WCTIONS Section 1. Residential Structures. All Lots within the Property shall be used only for sin le,fam ly residential purposes. No b.tulding or structure shall be erected, altered, placed or peimitted to .remain on any lett except a single amily residence structure and accessory structures, related thereto, together with an attached garage. No sheds, yard barns or other detached storage buildings shall be allowed on any Lot. Section 2. Easement Areas. Easements for installation and maintenance of utilities and dtaimage facilities are reserved as . 'hown 'on tyre recorded flat unless v aced by action of the utile teal authority. Within these easements, no structure, planting Or Other Material shall be placed or. permitted to remain which may damage or interfere vvith the installation and maintenance of utilities; or which may Change the direction of l ow of lrttinagU channels in tl easements; or which racy obstruct or retard the flow ref water�ug drainage channels in;the easements: '1 he:easement aria pl each Lot shall maintained 66W&Wus' y by the Avner=vf;the 1 of eke u A for to irovements owned by a public authority or a utility. company. Witton 3:. fdr 1?bbltc I ttlittea The Property shall tllect to none exclusive, appurtenatrt etisetne refs far : uttlifies, wirer anal se�wwe:r;. se peer , t»etexrtrrg •and ccrrrtrat devices.,. citble televisiotr :and otnor Ott00 coxrimtntcattorts, care srlar services, which first from time! to time, e, us ceanstrurted or rem to ttj ie Plat, or p erwAse desch n tom' D laratrgn c'r arty othr'r duly roeo ed iristr rant . 'rne lud sig, but not llrn�rt . to, an easerne %t netltig the City and r4tnntrtn tatclr; ovor aid th�roh the l'rolaerty for rnattrtenancc, reaarr .-replacement of public utilities such 98 water, sewer and sanitary nice stoml sewer servic�ss Earl licit; ate the rights of the Owf�t�n and Occupants thereof, shalt be subject to a non-txolu v easement in favor. of the ler Low. ill such services, este l ding i�rtlrout; limitiation any sewer or water linea servicinl; tidier Etats Each,Lot shall also be subject to a non:-exchtsrve easetrrent<rn favor of the Association, Ilio City ,end tell :trtrlttres ekopanles providing serurce In Ilio Loth. for the rrystttllatt�an and rz attrtertance e3f s. utrltt es meter hg devices.utilities :and .related services or sy��C .. di ll bo i tlletl, trsad rnarntarned acid repaired so. as not to interfc ie vttli the use trd genet en} ►true ref the. l 611 l their Owners nor �% eet the stmea ral or architecterral integrity of the I 8 l nits Dr imp ve entsAD the Ctii MOn Elements- 13 le ments. 13 Section 4. Setback. Every building, structure, or other improvement, other than terraces.and steps shall be set back in accordance with the setback ordinances, rules and regulations of the C;ity,'including those established and approved by the City which are specific to the Boulder Creek corhmuirity, and the ordinances, rules and regulations of any other l overmnental body which may have or acquire ;jurisdiction over the Property. The placement of 411 structures azul improvements is subject to the approval of the Board/ACC as .out in Article X herein. Section 5. Alterations. No exterior alteration on any original residential Living Unit or other structure, and no additional structures, shall be made or installed unless and until the Board/ACC approves in writing the nature, kind, shape, materials and locations of the alteration or addition, as more fully described in Article X hereof Section 6. Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Lot or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements :described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Property for purposes of maintenance, repair, replacement and reconstruction. All easement rights shall include a right of reasonable access to maintain, repair and replace the utility lines and related equipment. Section 7. E emersts;. tor_l e . e it of .Additional Real Estate. Declarant .hereby grants nonexclusive access, utility and use easements on and over the Property in favor of the t\de itsotsa,l Real Estate effective from the date hereof until the date of ever) .the, Additional .Real Estate is subjected to the terms of this Declaration as provided in Article X� hereof, provided use of sites easements shall not interfere with the use and quiet enjoyment of the Lots by.their ownftr ftor Meet the structural or architectural integrity .of the living Units or unprovements to the Common Elements. ARTICLE XII PROHIBITED ACTIVITIES AND USES Section 1. Nuisances,, No noxious or offensive activities shall be carried upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. tson LivcstgcTt...and Poultry:. l�omesticatc:d :Animah-, No , !Wosor poultry of any kind shall be raised bred kept on the yPro p�rty except that clow eata �r oilier: houschcsld domesticated pets may be kept, prOVided that they ire net kept, bred, or icnasnt�ttted for any cptrsrnetctal p�ur1%ose All household dorrsesticaied pets, most often clogs and Dais, ;hall restricted frons ersterirsg unto iiny Lot other than the. trot of its owner, anti the owt7ler of any suer: bousehold ..domesiicated pet shall be responsik le for the immediate cleant,tp and disposal of pct drUpping. Nsrtvzthstanilsng tlo fcsrigosng t� lot tatioil sceically tseryes the; dight to pro:rictlgttte rules: anti s1egtalations regarding pets on the Prorty, zneltrd, but not limited to, the silo of nets perirtittetl andlor ilieprohibititsn c>Y pets oil the ibperty. Section 3. elk a -andefift'Disposal,. No Lot shall be used or maintained as a , garbage or .other waste or- household refuse shall be kept in dumping ground for rubbish. Trash sanitary containers. All containers or other equipment for the storage or disposal of such materials shall be kept within the garage forming a part of a Living Unit. Secition 4. Temporary Structures. No structure of a temporary character, trailer, tent, shack, barn or other out -building shall be used on any Lot at any time as a residence, either 14 temporarily or permanently. One construction trailer may be maintained on a Lot from the time construction of the Living Unit has commenced until a Certificate of Occupancy has been issued, provided that all necessary approvals of the City have been obtained. Section 5. Si ns. No signs of any kind that are not in compliance with applicable city ordinance shall be displayed to the public view on any Lot except as follows: (a) Signs designating the location of easements; or (b) Signs not more than five square feet advertising the Lot for sale or rent by the then Owner; or (c) Any sign or signs used by the Declarant or its designee to advertise the availability of Lots until such time as Declarant or its designee no longer owns or has an interest in any Lot within the Property. Section 6. Vehicles. No buses, house trailers, unlicensed automobiles, aircrafts, tractors, trailers of any kind, commercial vehicles, motor homes, campers, all -terrain vehicles (A" Ws), snowmobiles or watercraft shall be parked, kept or stored on the Property except on a temporary basis unless parked, kept or stored within a closed garage. For the purposes of this Section, "tc pnr4rry" is defined as no more than fourteen (14) days per year. Section 7. Tower Structures. No poles, posts, towers, or antenna may be installed that exceed seven (7) feet in height from grade. Satellite dishes having a diameter not greater than one meter may be attached to the Living Unit. ARTICLE XIII DECLARANT RIGHTS Section 1. Declarant Rights. The Declarant expressly reserves the exclusive and unconditional authority to exercise the following declarant rights, for as long as it owns or retains an interest in a Lot, or for such shorter period as may be specifically indicated: (a) To elect, or cause persons designated by it to elect, the officers and members of the Board in accordance with Article IV, Section 3 hereof and Section. 6.1 of the Bylaws. (b) To complete improvements indicated on the plat of the Property, if any, or otherwise included in Declarant's development plans or allowed by this Declaration, and to make alterations in the Lots to accommodate its sales facilities. (c) To construct, operate and maintain sales offices, management offices, signs advertising the Property; and models (which models may be any Lot which l)eOarant may from tirrie to tinge own or in which Declarant may hold an interest). (d) To use easements through and over the Property for the purpose of making improvements within the Property and for the purpose of exercising its special declarant rights. (e) To create Lots or Common Elements within the Property. 15 (f) To subdivide Lots or convert Lots into Common Elements. (g) To relocate boundaries between Lots and to otherwise alter Lots owned by Declarant. (h) To merge or consolidate the Association with another association of the same form of ownership. (i) To require that as long as Decla. ant owns any unsold Lot for sale or has the right to add any portion of the Additiprnal Real Estate as provided in Article XV, below, Declarant's written consent shall be required for any amendments to the Governing Documents or Rules and Regulations which directly or indirectly affect or may affect Declarant's rights under the Governing Documents. (j) To add Additional Real Estate, as more fully described in Article XV, below. ARTICLE XIV COMPLIANCE BY OWNER Section L Rigbi of 11c.trori_ii ..Owners „:a�td Assuciati�r . Failure of any Owner, to comply with the provisions of the Uoverning. Documents, Rules and Regulations, decisions of the Association and such amendments thereto as may be made from time to time shall give rise to a cause of action in the Association and any aggrieved Owner for the recovery of damages, or for injunctive relief, or both. Section 2. Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at;lavvv or in equity. Legal relief may be. sought by the Association against any Owner or by a owner ttgai ist the Association or another towner to enforce compliance with the Governing DaeUJAdhts, Rules or decisions of the Association. However, no Owner may withhold assessments pay�z k to fhe.Assoc=iatioin or take (or ori it) other action in violation of the Governing Documents or Ritles a : inetis ir: to darce .such Owner's position, or for any other reason. Sectio nacutsn and Regi r dies: lri addtttar► to any otlaex redtes Qr' sanctions, expressed or imr . c cl, adixtrnast2attve or logal; the Assocrattoi� ahall live tl to right, .but not the obligation, to implement anyone .or more of tho 1ollati�ng actions against UEvnors ante Occupants and/or their guests, who v alacc.: the provisions p# the 6oIV-P 419 Dpcurnerrts car Rxtles (a) Commence legal action for damages or equitable relief in any court of competent jurisdiction. (b) Impose late charges as determined by the Board for each past due assessment or installment thereof, and interest at up to the highest rate permitted by law. (c) In the event of default of more than thirty (30) days `in the payment ql any assessment or installment thereof, all remaining installments of'essm assents, together with all costs of collection and late charges, assessed againshhc Lot owned by the defaulting Owner may, upon not less than len elf?) days' adstance Written notice to the defaulting Owner, be.accelerated and shA then he payable in Bill. (d) Impose reasonable fines, penalties or charges for each violation of Governing Documents or Rules. (e) Suspend the rights of any Owner or Occupant and their guests to use any Association amenities; provided, however, that this limitation shall not apply to those portions of the Property providing utilities service and access to the Lot. Such suspensions shall be limited to periods of default by such Ownets and Occupants in their obligations under the Goveming Documents or Rules, as the case may be; and for up to thirty (30) days thereafter, for each violation. (f) Restore any portions of the Property damaged or altered, or allowed to be damaged or altered, by an Owner or Occupant or their guests in violation of the Governing Documents or Rules, and to assess the cost of such restoration against the responsible Owners and their Lots. (g) Enter any Lot in which, or as to whish, a violation or breach of the Govet ting Documents or Rules exists which materially affects or is likely to materially affeci in the near fixture, the health or safe of other Owners or Occupants, or their guests, or the safety or soundness of any Llvirg Unit or other part df the Property or the property of the Owners or Occupants,, and to surnmarily abate and remove; at the expense of the offending Owner ox 00-cupant, any structure, thing or condition in the Lot which is causing the violation, provided, Ixowever,. that any improvements which are a part of a Lot may be altered or demolished only pursuatlt.;tp"a court order or with the agreement of the Owner. (h) Foreclose any lien arising .under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the Property is located. Section 4. P'iI , its todaf . in the; ease of fmpe sit .ora of any of tete mme authorized by Section 3 (d), (e), or (g) oft article, the Board s all, upon written rectuest of the offenclel, grant to the oflcticicr a f€Itr, and equitable hearing I'he bl'feitdcr shall. be given nothx of the; tattre o4 the violation anct the right to a hearing, and at least ten (IOC)clays wlilxln which to -req est a hearing, . The hearing shall be scheduled>by the Board and held within thirty (30) Clays of receipt of file lte�xritt iegtaest by tlxe, Beard, and with at est fWe;() days` l3riUr written notice to the allender: 111b offeodtng O vncr fad's Yo t pear at tlxe heating, then the right ko 4 hearing shall be .W'wYcd and the Eoaxcl .ixxay take such action a tt cleetlxs appropriate.; The declsrta of the F3oard aid the, rules: foe; the ; ednclnxt t of hagg etanlisht?tI lay the 13riatl shag 'he heal anti bx€i%ng on aI paxtxes, The 13ourd's deerszott shall be tieliverzd in wriiiitf; tc3 the offender within a reasonable time following the hearing, if not delivered to the offender at the hearing. Scetion a. Lien for Ghat est Pena_ ti Any asse dints, : dwsi a esu chatga or 'interest m- posed under this Article sihall be: a him.against. the. Lot of the D�racf ar OWN*t against'vhont the -same e nrlp sed andthe.personal vhlxga* of such Owner in the sante mamer and with the same priority an erect as €asses 6.nts undo. Arliele : T Y he lied shat l attar i its t�f Ilii €late of imposition of the: remedy; but shal1. not be final as to violations for which a hearing is held until the Board gives v�riCten tietice ioliovO%. The hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any reztoty shall not be deemed a waiver of any right to pursue any others. Section 6. Measures, or any to entrcc the pre hay a cntrt or.arb 17 with aspect to any collectioA- ise; which the '�ssocna ibn tt bs. tether or not finally det�rrrxtrzetl wed ate Ius or her I of with 0Y. expenses incurred in connection with such enforcement, including, without limitation, fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate permitted by lav) on the delinquent amounts owed to the Association. Section . Liability forO�Fners' .a►ii_Occ a ants'.._Acts. An Owner sh11 be liable fbr the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owi cr's acts or onuissions, or by that of Occupants or guests in the &,vner's Lot, to the extent that such expense is not. covered by the .proca-& of insurance carried by the Association or such Otivzier or Occupant, however, any insurance deductible amount andlor increase in insuinnce rate resulting from the Owner's acts or omissions may be assessed asgainst the Owner responsible for the tondition and against his or her Lot. Section 8. Enforcement by Owners. The provisions of this Article shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents or Rules as provided therein. ARTICLE XV ADDING ADDITIONAL REAL ESTATE. Section 1. I eser-vsation.(ifg ilt.to_Add-Additioirtl_Real Estate. The Declarant reserves the right to execute and record one or more amendments to this Declaration subjecting all or any part of the Additional Real Estate to the terms of this Declaration.. The Declarant may subject portions of the Additional Real Estate to this Declaration at different times, The Declarant make no assurances regarding: (a) the configuration or boundaries of the portions of the Additional Real Estate which the Declarant may subject to the terms of this Declaration; (b) the order in which the Declarant will subject portions of the Additional Real Estate to the terms of this Declaration; or (c) that the Declarant will subject any of the Additional Real Estate to the terms of this Declaration. The Declarant is not obligated to subject any of the Additional Real Estate to the terms.of this Declaration. Section 2. Restrictions on Additional Real Estate. All Additional Real Estate the Declarant subjects to the terms of this Declaration will be restricted to residential use, subject to the provisions of Article XIII hereof. For purposes of this Section, property that is subject to drainage and utility easements in favor of the public, the Association or the City is deemed to be used for a residential use. Section 3: Arjditidriat Real 'Estate Subtest- u Declaratfp& W- -b Added, Lots created when a Developer subjects Additio. eal Estate to the terms of this Declaration -41 be subject to and benefited by all of the covenants, restrictions and easements contained in this Declaration. An amendment subjecting Additional Real Estate to the terms of this Declaration may contain additional covenants, restrictions and easements the Declarant deems necessary to reflect the different character of the Additional Real Estate that is the subject of the amendment, but any additional covenants, restrictions or easements contained in an amendment subjecting Additional Real Estate to the terms of this Declaration affect only the Additional Real Estate described in such amendment. An amendment subjecting Additional Real Estate to the terms of this Declaration may subject portions of the Additional Real Estate to easements in favor of the Association. In the event that the Additional Real Estate or any portion thereof is not subjected to the terms of the Declaration, the Additional Real Estate shall in no way be affected by or subject to the terms of this Declaration. Section 4: Release _oi' Rit;"i`t to Add Additional Real V tate. If Declarant determines it will not subject any or some portion of the Additional Real Estate it owns to the terms of this Declaration, the Developer may, but is not required to, record a statement to that effect in the 18 Wright County land records and upon the recording of the statement, the Declarant's right to subject the Additional Real Estate described in the statement to the terms of this Declaration terminates. The statements made herein do not encumber or otherwise affect title to any Additional Real Estate which is not added to the Property and subjected to the Declaration. ARTICLE XVI GENERAL PROVISIONS Section 1. Rules and Regulations. The Board shall have authority to propose and implernent such reasonable Rules and Regulations as it deems necessary from time to time for the purpose; of operating and administering the affairs of the Association and regulating the use of the Property; provided, hawever, that the Reales and Regulations shall not be, 'inconsistent with the Governing Documents. I'be inclusion in other parts of the 6, verning Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted in this Article. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. Section 2. Duration. The covenants, restrictions and easements of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Owner of any Lot subject to this Declarttian, his or her respective legal representatives, heirs, successors and assigns, for a tune of uventy. (20) years from the date this Declaration is recorded; after which time said covenants, restrictions acid easements shall be automatically renewed for successive ten (10) years unless terminated by affirmative vote of at least eighty percent (80%) of the members of the Association. Section 3. Amendments. The covenants and restrictions of this Declaration may be amended as follows: a) By the Detlaral it only, and at its discretion, until Declarant is no longer the Owner of any Lot in the Property or.Additional Real Estate and a certificate of occupancy has beert.issued;by the City with respect }a every Lot therein. b) Thereafter, by consent of not less than sixty-seven percent (57%) of the Owners of the Lots. Consent of Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. An Affidavit of the Secretary or President of the Association as to the outcome of the vote, or the execution of the foregoing consents, shall be adequate evidence thereof for all purposes including, without limitation, the recording of the amendment. Any amendment of this Declaration must be in writing, which writing must be properly recorded or filed in the office of the Wright County Registrar of Titles/Recorder. Section 4. Enforcement. Enforcement of these covenants and restrictions shall be by airy proceeding aM law or in equity by any Oder or O� . ers� or the AssocWion; against any person or persons vi iati or atfetrrpting to violate aziy-covenant or restriction ei.ttrer to restrain violation or recover ctarraages and tci ' rre by any Owner to enforce any eovensnit orrestriction herein contained sherd in no event be deemcd a vvaavcr of the right to do so tliereafter. In the event of any litigation to enforce or interpret the terms hereof, the court shall have the authority to award costs and reasonable attorney's fees to the prevailing party. 19 Section 5.Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 6. Conflict „ong Documents, In the event of any conflict among the provisions of this Declaration, tire Bylaws or any Rules and Regulations approved by the Association, this Declaration shall control, and t , between the Bylaws and the Rules and Regulations, the Bylaws shall control. section 71 ;hall A pro3Fal_af.iati ation. No judicial or admit istiative proccediirg l be commenced or piosecuted.by the Association vvithout first holding a meeting of the Members and obtaining the affirmative vote of at least a majority of those Members votirsg at such meeting to cornmencement and prosecution of the proposed actiom This Section shall notapply to (a) fictions brought by the Association to ei force the provisions of the Governing Documents and the Rules and Regulations (including, without tirrritation, an action to recover assessments or to foreclose a lien for taitpaid assessments): (b) counterclainns-brought by the Association in proceedings instituted against it or (e.) defense c;i: actions or proceedings brought against the Association. IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed as of the day and year first above written. MATTAMY (MINNEAPOLIS) PARTNERSHIP, A Minnesota General Partnership By: Calben (Minn ta) Corporation, General Partner By Its: Vice President By: MBC (Minnesota) Corporation, General Partner By Its: Vice President STATE OF MINNESOTA ) ss. COUNTY OF jkfAnf �► The foregoing instrument was acknowledged before me this ay of %L 20E), by .__ .. v...i. ...-_ the Vice President of Calben (Minnesot ) Corporation, a Mi corporation, as general partner of Mattarny (Minneapolis) Partnership, a Minnesota general partnership, on behalf of the partnership... Notary Public =jj6SION EN TA 'i;31i1S 20 STATE OF MINNESOTA ) ) ss. COUNTY OF k�— (V) e 0.1_K� The foregoing instrument was acknowledged before me this day of M U _ ( i ) 20 �� by _�:.� v �O,�t�Z— , the Vice President of MBC Ivllnnesot Corporation, a Mim4esota corporation, as general partner of Mattamy (Minneapolis) Partnership, a Minnesota general partnership, on behalf' of the partnership Notary Public This instrument drafted by: flellmuth & Johnson (NTP) 8050 W. 78`h St. Edina, MN 55439 (952) 941-400.5 2071675 1 119184 0011 21 GAIL RAEBRODEABEN N�?ARY PUBLIC ma -WA M -Y COMW' 'Sft Ekl iFES 001?16 EXHIBIT A LEGAL DESCWPTION OF PROPERTY Lots 1 through 18, inclusive, Block l; Lots 1 through 40, inclusive, Block 2; Lots I through 14, inclusive, Block 3; Lots 1 through 28, inclusive, Block 4; Lots 1 through 6, inclusive, Block 5; AND Outlots A, C and E All in Boulder Creek, Wright County, Minnesota. EXHIBIT B LEGAL DESCRIPTION OF COMMON ELEMENTS Outlots A, C and E, Boulder Creek, Wright County, Minnesota. EXHIBIT C LEGAL DESCRIPTION OF ADDITIONAL REAL ESTATE Outlot )Y, Boulder Creek, Wright County, Minnesota. EXHIBIT D LEGAL DESCRIPTION OF EASEMENT PARCEL An easement lying over, under, and across that part of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block 1, BOULDER CREEK, according to the recorded plat thereof, Wright County, Minnesota, lying northeasterly, northerly, and northwesterly of the following described line and its southeasterly and southwesterly extensions: Commencing at the northeast corner of said Lot 12, Block 1; thence South 00 degrees 10 minutes 04 seconds East, assumed bearing, along the East line of said Lot 12, Block 1, a distance of 100.00 feet to the point of beginning of the line to be described; thence North 51 degrees 17 minutes 43 seconds West, 96.47 feet; thence North 85 degrees 24 minutes 46 seconds West, 132.23 feet; thence North 89 degrees 45 minutes 00 seconds West, 457.83 feet; thence North 89 degrees 46 minutes, 13 seconds West, 214.97 feet; thence South 44 degrees 17 minutes 58 seconds West, 62.63 feet to the West line of said Lot I, Block 1, and said line there terminating. m An easement lying over, under, and across that part of Lots 1, 2, 3, and 4, Block 4, BOULDER CREEK, according to the recorded plat thereof, Wright County, Minnesota, lying northerly of the following described line and its easterly and westerly extensions: Commencing at the southwest corner of said Lot 4, Block 4; thence North 00 degrees 33 minutes 43 seconds West, assumed bearing, along the West line of said Lot 4, Block 4, a distance of 160.15 feet to the point of beginning of the line to be described; thence South 83 degrees 44 minutes 37 seconds East, 333.40 feet to the East line of Lot 1, Block 4, and said line there terminating. Said easement contains ±51,228 sq. ft. (±1.176 ac.) 25