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HomeMy WebLinkAbout09/04/2012 Council PacketREVISED WORK SESSION AGENDA CITY OF LINO LAKES Tuesday, September 4, 2012 CITY COUNCIL WORK SESSION Community Room (not televised) 5.30 P.M. 1. Cartway Easement Review 1.5 Can Cage Locations for Recycling /Fundraising 2. Signal Improvement Project Update 3. Dominium Housing Proposal Discussion • 4. 2013 Budget 5. Lake & Main and Birch & Ware Traffic 6. Centennial Fire Dept. — Zodiac Rescue Boat 7. Review Regular Agenda — September 10, 2012 Adjourn • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: September 4, 2012 To: City Council From: Michael Grochala Re: Otter Lake Drive Cartway Background The City Council held a public hearing on July 9, 2012 to consider a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway easement to provide access to a landlocked parcel he owns. Following the hearing the council postponed further discussion to the August 13, 2012 regular meeting. The matter was postponed again until the September 10, 2012 to allow staff the opportunity to clarify testimony provided at the hearing and review subsequent information submittals from both parties. The City Attorney, Joe Langel, will be present at the work session. Mr. Langel will provide an overview of the request as it currently stands, address outstanding issues, and assist the council in determining the findings of fact from which a decision will be based. Council Direction None required, discussion only. Council will be considering request at the September 10, 2012 meeting Attachments 1. 7/30/12 Johnson/Turner Letter (HOA attorney) 2. Melton Letter 3. Certificate of Title Johnson Property 4. Email from Petitioners Attorney JOHNSON /TUFINER ATTORNEYS AT LAW & MEDIATION CENTER July 30, 2012 Jeff Karlson, City Administrator City of Lino Lakes 600 Town Center Pkwy Lino Lake, MN 55014 Re: Resolution 12 -29 - Petition to Establish Cartway Our File No.: 12- 1784 -002 Dear Mr. Karlson: After the public hearing on the above - referenced matter, it was requested that we provide further information regarding the status of any easements benefitting Mr. Johnson's property and information regarding the Homeowner's Association ( "Association ") By -laws and specific authority and direction to act regarding its opposition to the cartway. Enclosed, please find a copy of the Certificate of Title for Mr. Johnson's property which references only one easement that is associated with the property. Also enclosed, please find a copy of that easement. A review of the easement reveals that Mr. Johnson's property is not benefited by an easement, much less an easement over the Association property. Also enclosed, please find the Association's Declaration, By -laws and recent meeting minutes signed by three of the five Association members. The meeting minutes reflect a commitment by the entire Board of Directors, which also constitutes a majority of the ownership of the Association. As Mr. Snyder from our office explained at the hearing, our position remains that a cartway can only be created if the City determines that it is for a public purpose. Otherwise, the taking of property rights from our clients would be a violation of Minn. Stat. Chapter 117. If the City decides to take this property interest from our clients, we believe our damages are accurately reflecting in the information presented by our appraiser and discussed at the hearing. Very truly yours, JOHNSO J URNER PA Enclosures cc: Joe Lange[, Esq. Julie Schwartz ,rrw! In. 56 E. Broadway Ave. #206 ' 12425 55th Street N. 539 Bielenberg Dr., #200 p 651.464.7292 Forest Lake, MN 55025 / Lake Elmo, MN 55042 / Woodbury MN 55125 / J 651.464.7348 www. joknsonandturner. corn VOLUME No. 266 PAGE 1166I6 CERTIFICATE OF TITLE No. 116616 Transferred from Certificate Number(s): 101395 by Document Number 500507.009 Originally registered on the 2nd day of-November, 1994, volume 244 Page 59, DISTRICT COURT FILE No. C2 -93 -7088 STATE OF MINNESOTA COUNTY OF ANOKA This is to certify that REGISTRATION Adam Johnson, whose address is 2055 Otter Lake Drive, m the City of Lino Lakes and State of MN, 55110 is now the owner of an estate, in fee merle °rand in the following described land, situated in the County of Anoka and State of Minnesota, That part of Outioi i3, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document 14o. 858879, lying cavtcrly, southwesterly, southerly and easterly of the following described lime: Commencmg al the southeasterly corner of Lot 5, Block 3, said OTTER LAKE ESTATES, thence on an assumed bearing of North 89 degrees 56 amities 00 seconds East, along the south line of said Outlet 13 a distance of 256.22 feet to the point of beginning of the line to be described; thence North 4 degrees 18 minutes 53 seconds East a distance of 107.14 feet; thence North 29 degrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet; thence North 83 degrees 48 nunutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance of 288,47 feet to the south line of the north 971.86 feet of said Outlot B, as mcnsured parallel with the north line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said south line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 167.32 feet; thence North 14 degrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 10L02 feet; thence North 10 degrees 33 mrnutcs 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds Eust a distance of 104.10 feet; thcnec North 58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet; thence North 5 degrees 05 minutes 16 seconds East. a distance of77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 reel to a point an the north (inept said Outlet 13 distant 328.94 feet cast from the northeast comer thereof, and said litre there terminating, AND tying northerly, northeasterly, and easterly of Outlet A, OAK BROOK PENINSULA. That part of Government Lot 7. Section 36, Township 31, Range 22, lying southerly and westerly of Outlot B, OTI'ER LAKE ESTATES, as corrected by surveyors certificate filed as Anoka County recorder document No. 858879, and northeasterly of Outlet A. OAK BROOK PENINSULA. Thal part of Government Lot 6, Section 36, Township 31, Range 22, Iytng west of the southerly extension of the east line of Outlet S, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, and lying easterly and northerly of Outlot A, OAK BROOK PENINSULA. Subject to protective covenants; restrictions and reservations, as set forth in declaration dated December 30, 1977 and filed January 20, 1978 as Anoka County recorder document No. 488589, as to that portion of the above - described land lying to Outlot 8, OTTER LAKE ESTATES. Subject to an exclusive easement for boat docking purposes as set forth in instrument dated November 14, 1991 and filed August 16, 1993 as Anoka County recorder 'document No. 1059450 for the benefit ofthe tracts of land harem described. biihjeet to ibc enettrehratrct%.t ln.ws mu" ruralist,. rwfs,l IT the numnnal Wu/VIM! len or endorsed price cod _whoa to the fntl wag nets or en.:umlmances substratal. as pmruled nr Sect-our 5118.33, Minnesota Statues. 'tamely, J, 1.10ut, chum or rights orlstng under der laws or the C'uteturwenm el t /mitt) Swtrs, wrath nce statutes of dais suite motto re4Oire fn appear et record. .7. Any rein ptoperty or or "wall astcssmrcnt. .1. rimy lease (or a period not uereJint three yeam. when there a a ctmar oecupaaan oldie pramrma rnrder fbc 1. wit! rrxhu to ambits. ',athwart °pan the land 5. Sort njt)n oyrappeal ar 11,110 '10 appear and earnest the appricarirur at tt allowed br lnwr, 6. 'lie rights glow parson rn ixasrasatnn loofa decd or contract /or deed front the ttwoer of the ceruf,,[Xar of Ore, 7. deer ?tarmac/mat medurota hen mies whteh map teal tinder Seaton 514.01 to 514.17. Certificate of Title Niimbor 116616 page 2 of 2 MEMORIAL OF ESTATES; EASEMEIRS OR CHARGES ON THE LAND DESCRIBED IN TIIE CERTIFICATE OF TITLE HERETO ATTACHED. ociENT 499242.006 MORTGAGE DATE OF lioctIMcNT 09/02/2009 12:351'M 07/20/2009 5188,000.00 .v.r.F4iGNAT(111.00.11XISTRATt4.':: Maureen .1. Devine Adam Johnson, single, to Mortgage Electronic Registration Syslems, Inc., a Delaware corporation, solely as nom nec for Lender. Advisors Mortgage, LLC, a Minnesota limited liability company, Lender. (See Doc.1 503354.003 MORTGAGE E 12/06/2010 3:221'M 11/24/2010 5186,000,00 Larry W. Daher Adam Johnson, a single man, to Mortgage Electronic Registration S)stoins, Inc., a Delaware Corporation, solely as a nominee for lender. Advisors Mortgage, LLC, a Minnesota limited liability company, lender. (Sec Doe.) 503813.009 SATISFACTION 01/27/2011 1:03PM 01/19/2011 OF MORTGAGE Satisfies Document No. 499242.006. Lam' W. Duller' IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal ofray office this 26th day ofJantimy, 2010 Larry W. Dalian, Registrar of Titles, In and for the County of Anoka and State of Minnesota. ( 1:,. '' s�• r' M' rA ._r.�Ss.+TGi1y'��=L.f�i!?7.Tf Date :november 14, 1991 esei :e.tr a�7: { ?:+�g�; &17st': DocEING EASEMEre 1.0 5!)450 FOR VALUABLE Co1sIDERATZOt ;, Marlin E. Hansen and Ruth M. S. Hansen, husband and wife, Grantors, hereby convey to 'Thomas Fitzgerald and Heidi. 1. Fitzgerald (owners o.f Parcel A, described below); °.onaid Zarada and Victoria Zarada (owners of Parcel. B, described below): John Elliot and 14.nda Elliot (owners of Parcel C, described below) ; John Rinneberg and Laurie 1(inneberg (owners of Parcel D, described below): Prank Kern and Donna Kern (owners of Parcel E, described below); Frederick Gelbmenn and Pamela Gelbmann (owners of Parcel F, described below); Allan LeTourneau (part owner ot Parcel G, described below) ; e+eraldlne LeTouzneau (part owner of Parcels G and J, described.. below); John McLean (parr owner of Parcel K, described eelou) 7 Gloria McLean (part owner of Pare H and 1, described telc,w) : and Lois Mee ay (part owner ce Parcel J, described below), Grantees, an a clusii easement for boat docking purposes in real property in A3:cc County. Minnesota (hereinafter referred. to the "Easement Property..."), described as follows: That oar~ of Outlet B, Otter Lake estates, described as: commencing at anoint on the south line of the north 1001.86 feet cL said Governiaene Lot 7, sectl,on 36, Township 2e,, Range 22, Anoka County, Minnesota distant 685 i'eet East from tee *Nest line of said Lot 7, said south line having an assumed bearieg of Scuth 89 decrees 14 minutes 24 seconds East; :.hence t?oreh 0 degrees 45 minutes 36 seconds East 20.00 feet; thence South 89 degrees 14 mien tes 24 seconds Easy 71.00 feet; thence easterly 93.80 feet along a tangential curve, concave to the southwest, having a radius of z06.5B feet and a central angle of 50 degrees le minutes 00 seconds: thence Sauna 3a degrees 58 minutes 24 seconds East along tangent 1x9.17 feet; thence easterly 32. :2 feet azorg a tangential cer' ;e, ccricays to the northeast, having a rad1u.7 of 258.19 feet and a central angle of 7 degrees 09 minutes 00 seconds to the point of beginning of the easement to be described; thence South 43 degrees 52 mieut?..s 36 seconds West along a ;.ontangentia1 line 1a1 feet ± to the sh..reline of Otte Lake: thence easterly- along the shoreline of Otter Lake to the intersection with a line that bears Saute 16 degrees 44 taieutes 36 seconds Wewt from the point cf beginning; thence North 16 deg:°_es 44 minutes 36 eeccnds East to the point of beginninc. Said easement is Jee the benefit ct and shall. ran with tea title e to the real property In :A,.no::a County, r ±inneseta (tsreinafter referred 'ta as the eBenefitted Droper-ty °) described as follows: ttt3Cneent C Aare 11/14/91 Parcel A.: Lot 1, Block 3, parcel 3: Lot 2! Block e, parcel C: Lot e, Block 3. Parcel, O: Lot 4, Block 3, earce.L Y; Lot 5, Block 3; ga)cel P; Lot 1, Block 4, otter Lake Otter Lake Otter .Lake Otter Lake Otter Lake Otter Leke Parcel C: The East 100 feet cf South of the North 1001.86 feet 36, Township 31, Range 22. Parcel K: The East 100 feet of South of tae North 1031,86 feet 36, Township 31, Range 22. estates Estates Estates Estates ee catees Estates the West 200 feet lying of Government Lot 7, Section the West 500 feet lying of Government Lot 7, Section arcel T_: Oetlot A, Otter Lake Estates; AND That part of Outlot b, OTTER LAKE ESTATES, Anoka County, Minnesota lying Westerly of the .:enter line o;: the east Easterly existirc cannel which crosses sale Outlot o in a Norte -South direction except that part of outlet 8, OTTER LAKE ESTATES, encka County, Minnesota described as follows: Beg.nn.ings at a point an the South line of the North 1031.86 feet o±' Government Let 7, section 36, Township 21, Range 22 distant 580 feet East of the West line of said Government Lot 7 as measured parapel with the North line thereof; thence North 89' 56' East (assemed bearing) parallel with the North Line of Government Lot 7 a distance of 50 feet; thence eolith para:lel with the West line of said Government Lot 7 to the Southerly line thereof; thence Easterly along the Southerly line of said Government Lot 7 to the center line of an existing channel which bears South 16' 56r West from a point on the South line of the North 1031.96 reef, cf said Government Lot 7 distant 859 :feet East of the West l:ze of said •3ovexument Let 7: tbenee } +otth 15• 56' East along said center line to lets Intersection with the Seeth line of tee North 971.866 feet of said Government Lot 7; thence Westerly parallel with the Norte line of said Government Lot 7 a distance of 57 feet, more or Less, to the Southwesterly line of an existing channel: thence Northwesterly and Southwesterly along the Southwesterly and Southeasterly line of said channel to a point on a line drawn North from the point of beginning and at rig.et angles to the South line of said North 1031.36 feet; thence South to the point of be g 1ne irtg. Attachment c Page 2 11/14/91 Said easement is hereby created subject to the following c0ndit,.i.ons and restrictions: 1. The owners of fine Benefitted Property may improve the Easement: Property; consistent with the purpose of the easement, at their expense and shall be responsible for maintaining such improvements in a sate, sanitary and secure condition. 2, No buildings of any kind may be constructed or maintained on the Easement Property, except one accessory storage buflciing; provided that any such building is consistent with the requirements at the eratec::tteee Ccvenents tiled es Inceta County Recorder pee. No. eeseae r end previded ttzet any sUPL S?u3xia g a.sall be constructed and maintainee in a safe, sanitary and secure condition at the sole expense of the owners of the 8enefitted Property. 3. The Easement Property may rot be used for off - season boat storage. 4. Tee owners of a.aCh Parcel, described above, may dock no more than two boats on the Easement property at any time. 5. The Easement I-roperty shall be kept clean and free of debris and Grantors shall not be responsible for any maintenance to the Easement Property, 6. Use of the Easement Property shall be made with the understanding that Grantors, their heirs, successors and assigns shall not be liable fur personal injury or property damage arising out of the use of the Easement Property. Gra.tntors recommend that the owners of the eenefitted. Property obtain insurance to protect themselves from liability for personal injury and loss of property occurring from use of the Easement &roparty. STATE OF 'SINNESOTA ) is COUNTY OF ki1'''`4 ) The forecoing instrument vas acknowledged 1993. oy Merlin R. Rinser. and Ruth K. S- iiansen, This Instrument vas drafted by: r: rlin H. Hansen 2060 Otter Lek, Drive Whig Sear 'Lake. Mgt 552 20 *:arlin F. Hansen S. Sansen. before me : his day or fill'ild husband and if e- C _ cQ` %� NOTARY PrLre F ^„..^... 1.. - ,y 3 V4.51'443101: 'u.YtP NY carro- 4-skt1 m ie.• • r4 • Yf hj 1027117 DECLARATrON OF CONDITIONS• COVRNANTS AND 11ES7'RTCTti;ONS THIS DECLARATION[, is made on the date he aobert Domes, Inc.. hereinafter referred to as M 1 T N 1 S S E T yi inafter set forth by 'Cocldrart ", �•t M1171REAS. Declarant is the owner of the re In Article I of this feclarat•ion, hereinafter flroo' renlnauls" and desires compatible and complementary the tenefft of the residents to promote thereo single family res of the tonmUnity; ►iIfBAF.AS. the Declarant Peens it necessary the value and desirahility of the residences 1 Peninsula to establish certain con.itlons, res covenants as to how Oak Brook Peninsula shall maintained; and IIi1EMS S, the Declarant deems it do arable efficiency- to create an Architectural Contret shall he delegated and nrsignee the powers of enforcing certain of the condition?, covenants contained and referred ho herein: and laIETEAS, Lots ), 2. 3, 4 and , Mock 1, Anokn County. Minnesota. al) rrly upon the eest road described as Ottet fake Drive felt' accccs 1 estate described eferrod to as "Oak a community or r'entfal homes for and for protection of Oak Brook rictfona, and e e'eveloped an••i the etov0 real property: and • 0 I•d -i- rX111b iT C +..w+Ae...-ow !trlMRi!•.re flr.emea ow; ••.•• ; 11 1Tcr +.+ for purposes Of ommittee to which dninistering and and restrictfr:ns ak Brook reninsula, nsion of a public. :0 and egresv from • 8917:01Z69ZIn(' • • • • JE 1 • .' ', :: o ff : ,� : � :i.a M WHEREAS. the City of Lino Lakes desires s' « the extension of the road from Otter Lake Drive shall be a privet, road to be maintained by the owners of Lots as set forth herein; and WHEREAS, it tZ necessary to provide for the repair, maintenance and snow removal for the aforesaid private road; NOW. THEREFORE. Declarant hereby declares the Oak Brook Peninsula shall be held, transferred. sold, conveyed and occupied subject to the following restrictions, covenants and ecnditlona hereinafter sat forth, which shall run with the lend and shall be binding upon all patties having any rtgh . title or interest in Oast Brook Peninsula or any part thereof, their heirs, a'accenears And assigns. and shall inure to the benefit of ranch owner thereof and their heirs, successors and assigns. ARTICLE T DEYTNIT VOMA Section 1. �n gta,!lon" shalt mean al•' refer to Oak -re0: " FaningUla Homeowners Association, n non- profit corporntien organized pursuant to Chapter 317 er Minnesota Statutes, its successors and assigns. Section 2. " woe L shall mean and refrrr to the record fen simple owner, whether one or more persons or entltier, of e title to any parcel which is a pnrt of tt,e properties inc•1uiinc contract sellers, t•rt: excleding those hnviec such interest m.•rrrly as security for the perfermarace of nn nt•itcntlon• tad 89tr: C l Z l 9Z n •.1 r••,:tei . • }�C�i� n! 1 ;'?, C�9TFt11�;} ►:-� • • tes sly 0 4.:!aex,r.' 1 . . ii. F;• jZ`' Section 3. "er000rties" shall mean nnd ra certain real property located !h Anoka County. legally described is Lots 1, 2, 3. 4 and 5 of Block 1 oak and OutIot "A" Oak Brook Peninsula. Section 4. "Common Area" shalt mean and r an shown on any recorded aubdlvisior• plat roger referred to in Section 3 and owned by the Assoc common use. benefit, and enjoyment of the Owner Sectt ^n 5. "Lot" shalt mean and refer to shown upon aay rn..cnr''n.d subdivision map of the the exception of the Common Area. Section 6. "Member" shall mean and refer o nil Owners who aro members of the Association as prnvidei in A title lit• Section 7. "Declarant" shall mean and ref r to the non-profit Minnesota corporation known as the n k Brook P.ntnula homeowners Association. rook Peninsula, fer to Outlet A ing the property ation for the ny tract of lame ropertien with ARTICLE TT BOPT;RTT RtGRTS Section 1. Ovners' aaements cf Eniovment Every Owner shall have a right and onsement of enjoyment in and to the Common Area which shill be appurtenant to and shall pa s with the title to every Lot, subject to the following provisio (a) The right or ole Association to Medic all •- .art of the Commom- aul:hor_ or u ty for s ' popes ind C t c • br Wei!f —Lo by tl.e eCt tD U 1 C. •• �.,,•• :n Such e'Cdicat1)n or trnni' er st75+1 re .ective uniess_.ovidenced h au, inrI umont- illine4 1'Y at lea . o -th rds (2%. of the To! :weer* aq•”hinq 49 such dedication r transffor_...has nee ecorded: to or transfer • .1 eLi OL- 9Z Jr • 3i ... 'i.�1h 1 Lt i i._.Y a, x•� • is it {hi The right of the Association, in accordance With its Articles anrJ Ry -Lays, to borrov money for the purpose of improving the Common Area. Section 2. Delegation of Use. Any earner ray delegate, in accordance with the Ely -Laws, their right to enjoyment of the Common Area and facilities to the members of their family, their tenants, contract purchasers who reside on the property. Section 3• owners' Pi ht ncress nnki -SS and $unport. Each ovner shall have the right to ingress o and across the Common Area necesaery for ac Pss to their Lot, and such rights shall he appurtenant to an/ pant each lot. Section 4. gitij rlmht to In or Lino Lake's, and its agents one assigns, or ingress and egr.sn over, upon and across the Common Area for the purpose of inspecting the Common Area to ins re emergency vehicle access and for the purpose of recommending r pairs andlcr maintenance to the Common Area. ARTICLE III or d egroni over, upon ti with the title to The City 11 have the right to fy • NENDERSRTP AND V.TNG RIG S Section I. Every owner of a Lot which s subject to an assesnnlant Shall be a v,,rater nr the Asuociat on. Memtership shall be appurtenant to and may not he sepor ted from ovnerchtp of any Lot which Is subject to assessment. 88b'01, n 9Z VT • r Section :. The Association shall have one class of voting membership. 1!emters shall he entitle4 to one vote for each Lot coned. When more than one person holds an interas' in any Lot. all. such parsons shalt be members. The vote for such lit shall be exercised as they among themselves determine. but in eo Pver.t shall more than one vote be cast with respect to lay Lot. There can bo no split vote• ARTTCLE Iv pVntiANT FOR NATN1RNAjl fl AN Pre't TejkSSRSSMIINTS Section 1. Crest 1211 Of th�.11Pn and personal gblieatlnn of w essnents. Each Owner Of any lot by acceptance of a deed therefore. Whether or not It shall ':" so expresoei in such deml, is deemed to covenant and agrees to pay to the Association Special Assessments, such assessments sha1l be en ahlisheo and collected es hereinafter provided. The Special Assessments, together with interest, collection costs, end reasonable attorney's fees for collection thereof, shall be a charge on the land and shill to a continu!nr, lien upon 4he property against which each such Assessmr.:.t is mad*. Foch such Assessment. together with interest. collection costa. And reasonable attorney's tees for collection thereof' shall nlsr be tht personal obligation of the person who was the owner of ouch property nt the time when the ,1aFrveir nt rc+ii :?ues and sba11 also be the personal o1- tgntlon or their svoc'REOrs in title, Duel their assigns. -r- 1''6t'O1.z 9Z Inr • SE yJ* -ain ,rat r fax • i r ,Whet �:� nl ,■• is • • :4: • , r.: r• •A4:71,$4,1"1 4. !. r 4 . Section 2• Special ANADSBA11'rtt8. The Ansocistt.n may levy Special Assessments for the following purposes; (a) Special Assesamenta may be levied for the .•'rpose of de raying, In whole or in port. the cost 0 any construction, reConatrUctifn. repair, replacement. maintenance and inspection of the Common A ea. including, but not limited to the followin•: (i) Maintaining the street within the.Com on Area, including Out Lot A xs One Brook reninsuta which street is known as otter Lake Drive, which street ill to maintained equivalent to th.a standards at forth by the City of Gino Laken for similar etreeter (ii) Maintatng the Cri'tgn within the Comm Aram. including an over ary undo:- Out lot A Oak rook Peninsula which bridge in part of Otter r•a Drive. which bridge will he maintained equivalent to the standards vet forth by the City or Lino Le es for similar bridges; (iii) Maintaining the above referend.ed fridge so that it continues to carry an 1!S -:0 rating; (1v) Maintaining the at:ove reverenced str et and fridge as requested by the City of Lino La es on the condition that vale maintenance 1s require to assure emergency vehichr access: (v) `tsintoining all sihnage and lights 10 tad within th Common Area; rvi) rmintaining 'ny and all sediment tri^ locates* in the Common Area. (h) Special T.ssesamants, as dnfInr+.d In this Article TV„ Section 2, to to vn11a, shall require the affirmative vote or at least two-thirds of th': Association membershir, who ern voting in person nr ty proxy at a A+•eting duly called for the purpose of considering the s ecial assessment. Section 3. IJotice and lorum fur am/ Action hu orfy?d tinder Article IV. Written notice or any reetino call ri for this purpose of taking any action authorised under t1 :i. Article T: shall 1:o sent to nit Let Owners, not loss than ''O day nor mare then 60 days in advance of thin meeting. ht the first such k k, . i:s _„i,: e 4e4 • { , • s e6t,' 0 6 2 6 9Z I n f t • meeting called. the pros "rCe of members cr of presies untitled to cast 60 percent of all the votes shall constitute a quorum. If the required quorum iv not present, another meeting may t called subject to the mete notice requirement, mnc the recut ed quorum at the subsequent meeting .shall be one -half of the required quorum at the preceding meeting. No such suhsegsient 60 days fo110v1ng the precrd' meeting shall be held more meeting. Section 4. ve a d eue Cate o reci I ssess nhs,_ (a) s;ecial Assessments as definer real levied he ein shall ha payable as defined in the Special Assessment appro al and effective with 30 days written notice to lot Curlers as pefi ed herein. Section 5. E.'f_e..71 -2f- -Neu Pad {vent, of Asseg nth' Rar9 ie= f the ssoclation. Any Assessment not paid within thirty 20) mays after the due at shall bear interest from the due da a at the rate of ten (10$6) percent per annum. The Association n y bring an action at Iav against the Owner personalty obtigat d to pay the same, or foreclose a Iles for unpaid Assessments aq the property. No Owner may waive or otherwise escape linhi the Assessments provided for herein by non -use of the Comm nr abandonment or their Lot. 9.d e09'06 Zl 93 Inr r • - • .1 ,•� j 1 • .,In;l , • ;! 1'4'9"AIIf17.hJN.f1 Z'd } t ti f�[ ty A• j 4 T' L1 • • :° • :Y:' • vim;;: t A; • Section 5. Subordination 0! the Linn P•Q_Moreosoe . The Lien or the assessments prnvide41 for herein shall le subordinate to the lien of any first aortgage. Sale or transfeRr Af any Lot xSa11 not affect the assessment lien. -be sale or ttianerer of any Lot w rsuant to mortgage foreclosure aha11 extinguish the lien of such assessments as to payments ehieb became due pr sale, or transfer. Pm sale or owners from 7l —llity for any from the lien ; *.ereof. JOY to such ransfer shell relieve such lot assent rents thereafter becoming due or ARTICLE V. LTENS CREATED NY TRTS DOCUMENT Section 1. Term., The liens createe within th shall be perpetual in nature and shall require no r shall not be extinguished except by payment tbernuf from the Aasoriation or by eperatirn of Article Tv. s document neval and by release Section E. Section :. Foreclosure of Lien. Liens created within thin instrument shat: be foreclosed in the same manner ar provided for foreclosure of mechanic's liens within, Minnesota Statutes Annotated. Chapter 51.1. ARTICLE TV M CArTEcTuRAL CQNMEgL Section 1. Review by Committers. No bui:rlings '7 per 9 fence) all. or other structure (herein "improvement") shall be 5enmeneed, erected or ma ine intad upon the Prorty pe nor shall Any exterior addition to. or alteration therror he made until th•r playa and specifications showing the nature, kind, shone, height, materials and location or the Improvement shall have teen cut- titt't to and tic • .4•:N tJ 0.3 _-J • I. • RE9:01. ZL9ZIn(' • E.d approved in writing as to harmony of external design color tint', location in relation to surrounding structures by the Architectnrat Control Committee. The tern ',Plans nd Specifications ". for purposes of this Declaration, shall mean building plans, specificnticrs. plat or site plans showing the location of the proposed Improvement and finishes radeF, the location of the urea for thu depnniting or the *Mc on neii removed from the e:ceavation site, building elevations, floor plans, and roadway acceso plane, a schodtle of eat riot' materiel°, colors am finishes, and the tinter to a removed in connection with the construction of the improvements. In the event said committee fails to approve or disapprove such design and location within forty -rive (4r) . ys after all ioF said Plans and 5peclfications have tern sutmittted to ii, nppro al will not be required and this Artlrle will he deemed to have been fully complied vith, If no application has been made to .he Committee, snit to enjoin or remove sate Improvement may be instituted at any time unless ninety (OD) .lays have elapsed from the date of completion of the unapproved Improvement 'n•1 there-h ter a deed to a new Owner has h.een filed of record. Thy exterior of All Improvements must be complete:; and finishce in a go and vorknonlike manner including the painting, siding. t loklaying, construction clean -up and removal of unused mnterfal within twelco (12) months frori the Cormencenent of the cnnrtrur•,r•ion or alteration of the Improvement. r1ec!.ricity. trlrr'-:one, gas trn.4 • iH 8£9OLZL9ZIn(' .r '•• • { r 1M other utilities shall be installed underground, and any thereto. which shall be at the sole expense of each Own be underground. Architecture cf quality and distinctio hook -up r. shall it deemed important and thus ultimata suitability of houses designed for Oak Fronk Peale-seta ei11 be judged by the Architectural Control Committee according to the !ol1eving principles: J) All horses shall to constructed of natural materials. Rood finishes where necessary, to be of natural earth tone or gray stains or paints. 2) all houses shall be properly integrated with t'hs site. 3) All rods• shall to simple ant: of attract], materiels, colors to he of earth tones or gray. Cesar Shake, Clay Tile or npgraeeel Asp':n,1t Shingles of 700 pours weight par square. 4) Driveways, parking and tears areas: shall confor, to natural grader. with wooded rrens preserved an nett e growth rrotectcr. Prior to construction a tre assessment must be conducted by a qualified Fo ester. !) Architectural styles compatible with the Burr nding homer. A minimum cf 2,900 square feet for On story construction, 2.000 square feet for the main f oar of two story construction and 2.500 squire feet undation size for split level eonstrnctinn is required, garages, porches. terraces, decks, and patios being in •dr]ttion to this area and not included !n total square feet. Suitable enclosed srrco fnr trash and garbage collection must be provided. Section 2. Committee liemhershimi The Architectural Control Committee shall consist of the Poard of rirectnrs or thr Cat Brook Peninsula Fonmourers As,er.iation nor! !411a11 Fn appnit!►.I+d by and sere" pursuant to the ter: :. of the Oal• Prnnl: rr•r.insu a By -Lays. •ITV• ;•:� . • fr d • •10- M1. • • atr9:01. Z69ZInr „”„ .i., ,,L :A;ti.:'. .... ;r by trr t:telw - ::{�,; ;?7 pya�n,ire 4V WA' `l Control Committee shall be concerned about ansth tic • . *.tv' �,'!. 4:51 characteristic 1,,1 �a1 „r�•r?D�'�, only and shaLI not be deemed to ssert �it ;.•'vt.',+�l 'architectural expertise. fn the Coarse of its d Lies, the t �;91 r�;� a .k ;�a +, t r• coromiittne may request certa'n design mo•3ificaLio a In the `.Ti� 1' 111:lj.. ac u. V4174 t i1t interest or producing over.L1 Lot improvements r re complementary .'• r�' i• .31 iYrs Section 3. ,fi iJ..te tc urs1. [ifsb111ty. The A chitectural Slot• — PEW.' .v*1 .fY. ■■•■.0.f..114fA1'T:h'Y: • :r-- to or compatible vith the community or oak Brook Peninsula. Tt is the sole duty and responsibility of the appli ant to employ nn architect or other person to design the requester modifications In a safe nne architecturally sovnd ni nr.1!r. ra`i o'nl'r of Any interest in oak, nrooc Peninsula, their heirs, su essors and ensigns, es A condition of their ounort *,in w'ait'e- any right to damage° vhich roauab from nrchiter,tural denions r quested tr the Committee. The Committee shall nat to responsihl in any manner whatsoever for any d.fect. In any plans or apecifi ations submitted, nor as revised by said Committee, or f any work done pursuant to the requested changes of said plans a d specifications. The Cor•mittets shall exercise Its best judgement as to aesthetic characteristics of architectural esign. and its judgment shall he final. Section 4. Putidielingnegt:ors ary Standard= The Architectural Control 'Committee shall have the puler and right to employ inspectors and foresters to insure that pr per building standards and forested nrf'aa are mnintairud. nit, Inspector or inspectors nn designated from time to tinlr. by It +' enntmlt•tee nh+il.i operate pursuant requests nn4 fnretrurr•innr from !•h• Committee. 2,. • tk:.r . . Y1 .`++M r •nca f w • k. el79 :O3 Zl9Zlnr • The Architect"•-a1 Control Cc:snittee shall have the pow r to adopt minimum construction building standards, anq mny amend the same from time to time, provided that such atnn1ar1s net t requirements of the Building Code for the State of Min T:ota and the City of Lino Lakes. Section 5. Conpensntion. 1!emhers of the Archite rural Genteel Committee shall rot to n,utitiee to compensation for services performed by them pursuant he this ,Article. Should the Architectural Control Committee believe it is nncesstry to retain rmor an engineer, architect, forester, inspector or other r. rsultlint 4yvtf•t pursuant to this Ceclaration, then the r`omaittee shad notify the 14. other owners of Lots within Cak Brook PenineuJn and ask for donations to retain said censultnnts. Any funds not dls ursed pure not to this Section which remain for a flv' (5) your period shall be disbursed on a pro -rata basis to the owners of Lots in Oak Brook peninsula. ARTICLE VII WIND USE AE9BIRJ?NENTs Section 1. Rgsiaentiai 5trueture,. No Lot withln Oak Brook Peninenla shalt 'be used except for residential purpose , exc. +pt that the Declarant or its designee shall he r,ntitld to maintain model homes upon the Lots. No building or structure sh 71 be r....Me.u'rM'1,7bM'. ' ln..,,ti.,. n.. .,..WNr.y.....,..,,,w,R„K..v.. w,srieMOOMMWmm7„ 9•d Myr x%99 :C6ZL 9ZInr ^ls ' 5Fi i - M1,: �, ))1177,, T4- erecter, altered, placed or permitted] to remain on nr.y tot except 8 Dwelling Unit and accessory structures related thareto. Section 2. Funding or Structu etb•a Any banding or structure shall be subject to tha name setbac restrictions frcm the Common Area that said buildings or atructires would be subject to if the Common Area wore a street d dirateJ to the City of Lino Lakes as a public right of way. Sections ?. Fgaement Areas. Easements or installation Find nainterence of utilities and drainage fncilit es aro reserved ns allows on the recorded plat, ur]eas vacated by action o! the municipal authority. Within there easements, no structure, planting or other materials shalt be placed c permitted to remain which may damage or interfere with the installation and ma n n ,. es, or which may change the r1ov of drainage channels In the easement., or which my obstruct or retard t he Flow of water t.htough drainage charnels in Lie easement. The easement area of each at sha] be maintained continuously by the owner of the Lot except f r Improvements owned by a public authority or a utility comp y. Section 4. Stibdidivioi of Loll. There •hall br, no sutdivisior of any Lot nor shat] any portion or any lot 1:- conveyed or otherwise transferred to any person or entity ,nt.il such time as t:.c City of Lino Lakes or other governmental orii.t, r'7 des saver and va ter services to said I.ot. td ,�Y '99:01. ZL9Zlnr %JET sAr nig 4117,A:11,4 1 F s, x: 'rt`i��r 9.d piton ARTICLIi 421! Section 1. Elytisances. No next shalt be carried out axon any r.nt, n Its+n tlS rS us nor orrnnsive activities r nha'l anything he done thereon which nay be or may become a annoyance or nuisance to the neighborhood. section 2. aarbaag a d ugP4d or maintained as a dumptnn grnu or other vast* or household refuse. or refuse receptacles shat? :e place ee exposed to a view or to become a Section 3. jiailboxes. Mailbox design as estttbiished by the Archttec Section 4. re ar "11e u e temporary character, trailer. retreat garbage, fish house, basement without barn or other one.— huiiding shall be u Cs a residence either temporarily or structures he exposed to public vier Section 5. Signs. No signs of to the public vie,; on nay Lot except shall be of a dignified character ana square feet in size. No advertising s displayed in public vier In any lot roc than six square feet never.tisine the p used by any builder to advertise the t construction fend sale. ismaj. No Lot nhalt hP r! rr,r rubbish, trash. garbage No gartnge , antes. refuse, or left on any let so as to uleanee. shall be or a uniform era Control Committee. t/ No structure of a onal vehicle. +nnt, rthae'. an attendant structure, ed on any Lot at any time ermanently roc chill said t any time. ny Yind Shall he disp:ayet' 4/ 11 name an0 aldress rirnn shall not to *vet s1 ign or any kind shalt hr ..apt one nign n!' nay nnre nprrrty for na1e nr ren,.. tiling dnrin_: i1tt, eie 89906 n 9E Inf +ih q;'`11• - • 4,1:.!,!44 •r: rF"F,r,• .er �.,r :�- :�r:. -•gym.. -. Section 6. Soil and Grovel Sale. Except as approv.d by the Architectural Control Committee, ro scd, soil, or gravel shall he sold or removed from the Property an4 all soft or gravel availah:.e from any excavation for the construction or al eration of a Dwelling Unit or any appurtenance of nny tot and h}• whomsoever owner! shrill he hauled a ^et disposed of at ntwe points within or without the boundaries or the Property at the discretion of the Architectural control Committer. Section 7. Vehielna. No buses, trucks. recreation vrthle•tec. nonse trailers, trntlers, nnovmnhiter, rtn`lcen et' autolnrshitcs, aircraft., inoperative vehicles, tractors or waterer:1f t shill he parked, kept or Storer) on the Fr ^=-e ty excej.t on n temporary (less than 21 heirs) basis unless gar "ed. kept Or from ntcred within r cLosad garage nr otherwise view from the street. fully fir.rer?1 4t. Section fl. To•.+er Structures. No poles, rents, to -rs cr antenna may to 1nnta11ed that exceed 10 feet in height except that an outside rndio or television antenna may he plan d upon the roof of a Dwelllc3 Unit, providing such antenna doo. not extend morn than 10 feet above the roof where it is .roc rod. Section n. Commercial Auildinq and Businesses. Tien,' sh:.tJ bo nn commercial buildings erected on the lots or Dwelling Units. Section 10. Renting. No room or room:: in nrry P.;clling may to rentr1 or leased to any p'e'on: provided. bouever. hi nntltim cnntnlnnrl herein nha) 1 he ccn''trstr 1 n`; ::rtvPPt.i or leasing or an entire Let or P.wt:)ling Unit, together Improvements, as n !single unit to n single fimlly. �� �.� . -', it ,l,lr•: ^. x:111' u!r ., f� . 6•d ah x] re-nti ng 1th its �L9Ot Z49ZInf dogs, cats or other household pets, not to exceed three (3) pets •r, Section 11. Animals. No animals, livestock or poultry of any kind chnl1 be raised, trey or kept on any tnt escep that of per Lot, may he kept, provided they are not kept, bre1 r maintained fax any commercial purposes. Section 12 .Sever and Water. The ovner of any pr party must construct his own rater supply and sever facilitie- to conform with Anoka County and the City of Lino Lakes re•uirements. All sewer and wal,r construction facilities abn11 he fl at approved by the architectural Control COmrit•,tee before construction ie ctimmencee. rn addition, construction shall comp1y With all zoning -.d bufidirg laws and regulation, established by The City of Lino L s and Anoka County. ARTICLE IX CEriERM. PROV7sTONs Section 1. Enforcement. The Association, or any ner or a Lot eha11 have the right to enforce, by any proceeding a law or In equity, all restrictions, conditions, covenants, rase vatSons, liens and charges now or hereafter imposed by the prov?c'nns of this neclaration. FAiiure by by the Association on any .'Noel to enforce any covenant or restrictton herein conthiner! ahn ! in no evert he deemed a waiver or the right to do so therrarte without limitation, and aUCh enforcement may he against any r.ort n or r raonr violntinu or ottemr.tiag to vfoirt' any c-nvenant or r ^rtr rtion, ,•itbor ,.1 ......,.«......._.......,....,. ....J. -,,. , ....tip ._.., ,. .. -- ,�m.7all •, ! c . . .,.;;.....,..,. .: . . ; .. :". • 4',7••••%:."'$;;% WR'..■16 '"-A.:.,: , q, ' :: ,,.. ..,.... .......•.r.7 .., . s.... . • ... q:NII. AA k Kr .F :., ,• S. iqtj. 1 1•P''''.>.. -Lir l• Iv- **:';11.4 ''''.'er 4.' •.t......' .r.' i k • i'''', .A. -.0 • ....: .e 1...'"Pi!. .rt I, ..:. , N..q1A4'.4., .:),:ili .F.' ..(41); l'•''...21116-1'..:r'!."..:„P.'-, ..?.... ,..-.':••• • . • . fif'•Y*)-(3/4644rApti:;tii•41;44•::;;;J.;::::<•414.0•Atirii494,..-i--;:.,...........LL,'..,....44,4:4:::g.,;iiii:%-4,4.,;:. ,........;;~ 11'1;17g-4,124P .;;;,-p;•ei....:7,!;.• •..1•1::::.:Kr•t.O. . ; ;L•' , • '?••••?1,', !.-414';'• to restrain violation or compel compliance. or to rec.ver damages, and against the Lot to enforce any lien created pursuant to th.rse covenants. AttOrney's fees and costs of any such actionS to restr in violation or to recover damages shall te assessable against and Fay laIv by eny person violating the terms contained herein. Section 2. Severabliitv. Invalidation of any on of these covenants or restrictions by Judgment or court order Grail in no way nffect. any other provision which shall remnin in (.1 force and effcct. Section 3. rirntifIn and Amoodment. The covenant restrictions of thin Dec/oration shall run with and hi d the land. for a term or Five (3) years from the date this rclnration is recorded, after which time they shall he automation ly extended for successive periods of ten (10) years. Th e Declaration may be amended at any time by a recordstle instrument oignod by the Owners of at least sixty-six and tvo-thi es percent 456 2/3%) of the Lot Owners. Any amendment must te re crded. section 4. Variances. The Oec/nrant hereby rase ,es the right to grant reasonable variance or adjustment of the,e conditions and restrictions in order to overtone practi al difficulties and prevent unnecessary hardships arising .y reason tf the application of the restrictions contained herein SI:oh variances or adjustments shall. he set forth in vriinn rd shall be granted only in case the granting thereof nhnll nut ;.; 6a, • • , • ing:Ot. Z1, 9Z Inf • e.• • • 'w, .{S); .•�, 4. t.'. '�. +.v , a••,,•. jo `:• hE. a ;f: y'• iii i.r%•.7 rl. x[�iryt�1' =,. P:t•, A7.; • ••. + 4• i.j,. �r .. � 1•, `' ,•:1 •',5'ry,yi . y., i �! •l • •ti's; is ,�..'� ,t.. { i� ,• r a• ���' :P.:• .; • '1.; .,'.' .. 'Y. "i•' w. � 4t rte• _ r4,4.lA t • • R.;• ZVd materially detrimental or injurious to other property or Improvements of the neighborhood arid'ahall,not dereat the general intent and parpose.of there restrictions. • finch right of variance shall terminate upon the Declarant ceiling the lass Lot in Oak lronk Peninsula. IN HYTNESS NNERRDP, the nnitnreignn•;. being the rrr :lnrnnt. herein, has hereunto set Its hand this ,day of 1•11t .l(* 1993. f:y: DECLAA ANT Robert FTOmee. I,nc- Rota. rt p.' Adam or it President Subscribed are sworn to before me by t:o}:ert R. A:"ansoAt•tss President and on behalf of Seibert frames, Inc. this 4 ' ''-nY 1993. t • �'�i -, (,.1�: cl�CAC:i ~i0tt1.. j.)t Its' • ,fi Iw,, t:l�t•“.,..Am, Notaz;' fu4Y1Ic r iti tm:Mty 11'1'c•R954:tW TNxS INSTRUMENT NAS ARAFTRf. PY: James F. Norrienn Morrison iG Fen ?ke, r -A. 5600 France ave. S. r 646r' Edina, MN 55475 (612) 9 29-9n ?n • • fi • 69:0L Z L 9Z Inf 7 13 A trt,,.. • • • , ..• • ; • " • . ' • r • • hi'. I • 42;■■■•■!.i • " " • 69O z 9 Z inf" Mr. Chris Johnson, Attached are the By -Laws for the Oak Brook Peninsula. Just a comment as President » »> Whether we have annual meetings or not the association is and as the road remains private. The road which is owned by the As all equal owners. Prior to each of us buying the property the int and the road were recorded on each property along with all it's With out the recording of the association documents filed against any ownership, the association would be unable to force any pro and or foreclose if necessary. The association has continued to co inception. We have had an escrow account for the bridge and roa collect dues quarterly. How could we add anyone to the associati go against Johnson's property and be in front of his bank interest bank to subordinate so we could go after him to pay dues if he or delinquent. How can he come into the association where we have the bridge and road. And voting rights. Just some thoughts. Mark Smith, President of the Oak Brook Peninsula Association to stay in tack as long iation which we are st in the association efits and obligations. e property prior to owner to pay dues lect dues since it's since the 90's and n as it would need to hich would require the uture owner became uilt up an escrow for Z'd d817:toZLtZlnr r St—LAWS or OAR BROOK PENINSULA A611CLE I' NAME AND LOCATION The name of the corporation ie Oak Arook Peninsula Homeowner"' association, hereinartn" referred to as the "Association". The principal o!'ICe of the Association shall .e located at 6600 France Avenue South. Suite 4465, Edina, rinneaote members and be e designated by the IIoerd of Directors. gf • ARTICLE TT DRI'IN11 TONS Section 1. "Association" shall mean and refer to Oak Bro•k Peninsula Homeowner'. Aenocietian, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain roal property described in the Declaration of Covenants. Conditions. and Restriction., end such edditi.ns thereto as may hereafter he brought within the jurisdict on of the Association. Section ], "Lot" shell Aeon and refer to any plot of la d ahovn upon any recorded subdivision rap of the Propertie:. Section 4. "Owner" shall mean and refer to the record rumor, whether one or more persona or entitles, of the f simple title to any Lot which is a part or the Propertie {excluding contract sellers and Including in place there •f their contract purchasers), end excluding those having s ch interest merely an security for the perfornafee or an obligation. Section 5. 'Declarant" ehall mean and 'refer to Robert Ro ee, Inc. its eucceesore and aeeigna, If such mucceeeor or as should esquire more than one undeveloped Lot from the Declarant for the purpose of development. Notvithetandi g the foregoing, no individual or entity acquiring en undeveloped lot frost the named Developer shell become a rfiCtrAtt gd del: 1.o tZ Inf 4 pkve �i i'Cs: rl Ate 3 "Developer" solely by degoleition, but only as a i epeciticlsesignment of Developer and or Declarant, assignment obeli riot be effective unless incorpore instrument or conveyance. Section 6. "Declaration" shell seen and refer toll Declaration of Covenants, Conditions, and Restrict epplieable to the Properties recorded In the Orris County Retarder end /or Registrar or Titles. aneka, Ninneaetle. • Section 7. "Hember" shall mean end refer to thane entitles• to memnerstip as provided in the neclare,t Section 8. "Common area" shall mean end refer to property: and /or properties maned by the havociat'.I common use end enjoyment of the Owners. kEtlt V t it;x')lk? +' Section's, Annual Meeginee. The first meeting 0 the Members shall be held within one (1) year from th date of incorporation of the Association" and each eubeeq•ent regular'•annual meeting of the Members shall be he d on. the same day of the same month of each year therearte , at the hour of .1800 o'clock p.m. If the day for the arm al meeting members or the a legal holiday. s the same houron thfirstday� meeting h follaving vhLeh isnoteaa Legal holiday. Section 4. BoeCiel Meetings. Special meetings o the Members rayy be called at any time by the preeidef ox by tbs Board of tirootors, or upon written request of t Members vho areientitled to vote one -forth (s) of all thl raise Of, the membership. Section 3. 1■otice pr Meetings. Wrttten.notlee•f each ieeting;Of the Members shall be given by, or at he direction of, the secretary or person authorized to call the nestino by mailing a copy of such notice, poete•e prepaid. not less than 5 or more than 36 days before such meeting to each Huber entitled to vote thereat, addressed o the Hember's address last appearing an the books of he Association for tho purpose or notice. SUCb not ce shall specify. the therpurpose of meeting in the me ting �?TYt�,.( 1���.' Jig��� 'a�na;rdl'RTnrLr+nk¢T.:vv.vv�l :.-'T•iC r. . .•r. - r ti-d d617:1.0 Z l jZ Inr Section A. Qdorur. The presence at the reeling of Members entitled to coat or of proxies entitled to cast 'piety. percent (60:6) of the votes shad constitute a quorum, for any action except rig othervtee provided in the Articles of Incorporation the Declaration or thee. By-Laws. If, however, such quorum shell not be present or represented at any meeting. the Mcmbere entitled to vote shell have power to adjourn the meeting from Lime to thee, without notice other then announcement et the meeting, until a quorum es aforesaid sbaIn be present or be represented. 1 Section 5. Prnillee. At all meetings of Members, each l Herber may vote n peteon or by proxy. All proxirie 'heal be in vriting ani filed vith the secretary. tvery proxy eha11 be revocable and eheil automatically cease upon conveyance by the Kerber of his Lot. {I ARTICLE Iv BOARD Or DIRECTORS, SeieCT/001 TERM OF OFFICt Section 7 J11+mber. The affairs or thle Association shell be managed by a Board of throe (1) Directors. Section 2. Term Qr Orrice. At such time an there ere two • (2) ovicere of lots excluding lots owned by Declarant,ia special meeting of the Members 01311 be called, and !laid Kembera shall eloct three (3) directore for a term of one (1)IiYear and at each annual meeting thereafter, the Members .ha }1 elect a director or directors for the director or dlrectore vb000 term is expiring. Section 3. fence/al. Any director may be removed Aron the board, with cr without cause, by a majority vote or the Mortara of the Association. In the event or death, resignation cr removal of a director, their successor shall be selected by the remaining member.. of the board and shall servo for the unexpired term of their predeceeeor. Section A. Compen..atien. Any director may be reimbursed for their actual expanses incurred in the performance or 'their duties. Puriher, the Board of Directors may compense Directors for specific services such as record or 1 bookkeeping services. -3- �•a • dog: lO z l bz or thong! taken at ti . . 0 a.• 4 - 0 V 0.0 0 04.0 0 ..yuZ ..-'k 0 F,.. p .. 0 • m.00, O3 .1. Og 4s.uu.OvvvA u ... .s000vFI4p M0 0.00100 00�.Asa W+ '. -�-.., - • 3,::0cuxc o.•0 w .s..aa O.IOE0 04. 4. .o I4 VI. . as ,c .s r. A .) 0. ' p Q ▪ 00 00 . , 4 c- fine 0.O 660 -0•n D 0.0 t N1 o. 0.0.0 a 0004010,4041410= 0 V g0010 ,4 0 r.Oia C • 4 i• ,R W D Q 04∎4 r 00. ..w a s. 1. i) a 7x .• vox 0.0 a .0I.,0a O .1 0 0 s .1 0, t C W...000 NH MV A..0 0 Gc G .0 pp . A a 0 C c 1V-.K C6UGEO .0OJC 00000 Lo.no0c4 00 ,0«,00X3 la Z,0x U G•n CC VI04..••a0 fi a.oen c 0 aii 01 `•z nD E JC...ib ,.'011..0 \IC ,aeila.dl pa04P0 ,0 00a w00EC0.'ll' , O a. 0ons0, 0 M .0 d31 0'▪ 40 aO...•r4a.0 a011 sC _. O 0. 0.•. V O U 4 OM 0 00 0 i. G O 4 an .• l 0 01 q .13 .7 •.. 0 O 0 0.ca0' GA; 111.0 0 O 0 0.00 014 pM40.n +f Wel 0. � 0 p a .- v y. b.+1 •0 •• .a 0 4 y p .. 0 0 4 000.4 0 ()kV 43 .4 110)41.0 '. E to • A 00 ~ g 0, .000004401 *000 w. .0 . .V s.0a .04101410P0 000.1 .+ G.-.A U4...) 0474.0 p� 1444 C{: RMFQA .40 e a1 a W .1 .0 0 0 0 4. =+epo00 4 C .0. 0 1100 0 001 la 0 S • v 4)..0 a 0 01.144 w004GW cog-eve 0 000e' 0160000..1.00 p 0... wm.a10.F? 4 a.0 vial .. a 0A.0 • .+aF:e, Co ?p AMge tti AA +• .00 ..OT 0Y, 01 0 .j1MA 0 •,,.• F 0 0 0 L e a c^ N 0 p A T �...r s C w. L 1.G 4 a14pC V - 000. -4 0O0014 **,0M V k0.00 f. c, 0h.M*40 U 0 0 , 0 0 0 . . • A0 13.000, 0 1.0 Y 0 ..b CN;r0 C U0A V .41,3 0 ..►. 04r+M 0.. 4-. 0} 0 0 .. 0 0,0 . 0r4,010000 .01i11/01.0 01.1 0014000 1.131k1.1. ts L. .0 iA o a U o c o o 0 1. 7 eo 0_.-41-P-'040'0"-0-0- VJ e T• 9 w .««....� o 0114-0 U 0010. s a 1.3 000. 0 0 0• I-. 4s 6 •C LA O • .. I. • px?.0.'0 wO 0.140 0 or Y. rN .0 K 1- • w7c.+ • 0.900 .. • OexC7 wo g, : .r 0 001. 4000 0 O G c t°t7Jg •ii .7. -1..1 011070 0 OI Ors 6+044 V1 W Oi L H .I v .0 dLs:i.on -tZlnf z,....•••■,- • .71.• LC: —1. Section 2. 4oec1al Beetiree. Speciel of Directors *hall be held when celled the Amsocfation. or by any two (2) dir lase than three (3) days notice to dee Section 3. poplins, A majority of the stall constitute a guorun for the trot' Every act or decision one or made by directors present et s duly held meet! is present nba1l be regarded as the se ARTICVE WIT POWER AND DBMS 01, 'Mt BOARD ectings of the Board y the president of oLore, after pot director. nwiibei of directors actien Or hUdiOOX1. majority of the at which 6 quorum of the board. e) adopt and pubaish rU704, 0015 r he Common Area. if any. and the :layists end their gmeAts thdre0O, 5.21.-JaM4alltSII5D-,therderi ' (b) *impend tte vot11g rights dur whip), such member shall be in def any eseessment levied by the Mao my also be suspended, after noti period not to exceed misty (OO) d published mire and regulations. (c) exercise fox the Desoclation and authority vested in Or delege Aseoclotion and not reserved to provisions of Chose By-Lawa the incorporation or the Perloration (4) declare the office of ft lamb Directors to be vacant in the ev be absent from three (3) coneecu Mara of Virectorel end (e) employ a manager, indepe such other employees es they dee prescribe their duties. Section 2. Duties.. rt 0611 be the d Director(' tot Watiens governing traona conduet.ot-the abriet penalties ng any period in sit in the payment Or !WM. Such rights • and tearing. for a ys for inflection or 31 powers. duties, e d to thie o membership by other rtielea of r Or the boord or nt such member shalt Iwo meetings of the Z'd Y4. r e6C:0 Z 9Z Inr 1`•: i r (a) cause to bR kW a complete recur of all its Dote and corporate attain' and to present statement 2)Cli thereof to the Members at the annual eeting of the '4Y Members or at any special meeting whit ouch statement is requested In writing by one - fourth of the Members who 1 f Are entitled to voter this associationl andltorseesthatsthair edmuplioes properly performed, (c) as more fully provided in the (i) fix the amount of any special each Lot at least thirty (30) day _ each special assessment period: send vritten notice of each .eseesment to every _}Owner subject thereto at least th rty (30) days in advance or each assessment period and 4 (iii) foreclose the lien against whicr assessments are not paid el days after due date or to tring a against the Omer personally obli camel (d) Jamie, or cause an appropriate o upon demand by any persons, a certlf whether cc not any aasesemcnt has b reasonable charge may be made by th imminence of these certificates. If . an aaaeasment has been paid. ouch c- conclusive evidence of such payment. laration, to, assessment against in advance or ny property for hin thirty (30) action at Law ated to pay the ficer to issue, cats settlrq forth n pall. A board for the certificate states rtlfiCate shall be end ssociat d and hazard ien (f) cause all officers or employees responsibilities to he bonded as it appropriate, 1 cause the Common Area to be mail (h) cause enf h orccmentasp provided cins a thanec1 Covenant!, Conditions, and Restrict (1) act as an Jgbitectural control appoint an Architectural Cie o1 —Cti the Condi o tion °, and �Restrictions. alian' • 1 1 -6- having fiscal may deem tained, ante and ration of ono: and Committee or mlttee.: p`uireilant to Covenant!, g.d e0t. OLZ69Zint' La. ARTICLE VIII OFFICERS IWO THEIR pUTINS Section t. fnUmecnion 0/ Offices. The o Association shall be a ;resident and vice shall at 212 tires be members of the Board secretory and a treasurer, and ouch other Board may from time to time by resolution Section 2. election cf OffiCere. The ere shall take place et the first meeting of t Directors following each annual meeting of ficers of this resident, who of Directors, a (-ricers me the reate. Pion of officers L. Board of the (lembers. Section 3. Term. The officers of this An ()elation stall be elected annually by the board and each ehall hold office for one (1) e unl atall sooner or 'hall be , or otherviee e. Section 4. Special Alopointments. The boa other officers ss the affairs of the Asoo each of whom shall told office for such p authority, and perform such duties as the time to time determine. Section 5. yesitanatiOn and Removal. Any removed from office with or without cause officer nay resign at any tie.. giving no the president or the secretary. Such ree effect on the day of receipt of much hot' time specified therein, and unless othecv therein, the acceptance or such resignati necessary to rake it effective. Section 6. Vacancies. A vacancy in any filled by appointment by the board, The to such vacancy shall serve for the renai the officer be replacee. Section 7. Multiple Offices. The office treasurer may be held by the ease person. simultsneosety hold sore than one ii) of officee except in the case of special off parmaant to Section 4 of this article. Section e. putiee. The duties or the of.icers ere me follows may elect such Lotion may require tied, have each board may from officer may be by the taserd. Any ice to the hoard, ;potion shall take e or at any later ae specified n shall not be I ffice may be fficec a...pointed der of the berm of of secretary and No porson shalt ny of the other eee created 4.'7 **-4 '".`,44•161WPFIrjilr'sr,p;Krvi, • sz inr (a) president. The president shall be Executive officer and shall preside at the Board of Directors) shall see that resolutions of the board are carried ou all leases, mortgagee, deeds end other instruments and nay co -sign or sign all premisaory r.otee. the Chief 11 meetings of rdere and shall sign mitten checks and (b) Iles Preeideot. The vice - president shall Oct in the place and Stead of the president i „no. event of his absence, inability or refusal to a�t) and shall exercise end discharge such ether duti a as may be required of him y the board. (c) Ser,retarY. The secretary shall r cord the votes and keep the minutes of all meetinge and proceedings of the board and of the Members) serve notice of meetings of the board end of the ?teebera) keep pprepriate current records shoving the Members of the Association tcgether vith their addresses; end shall perform such other duties as required by the board.) (d) Trgasure((''. The treasurer shall the chief Financial cfflcer and shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such fends as direr ed by resolution of the Board of Directors) shad sign 11 checks and promissory notes of the Association) k ep proper broke of aceot:rt; cause an annual audit of t e Association hooka to be made by a public acrountan at the completion or each fiscal year) and ah 11 prepare an annual budget and a statement of ihco and expenditures to he presented to the mnnbership at its regular annnel meeting, enc deliver a copy of each to the Membero. The Hoard of Directors shalt appoint an archite tural control committee. as provided in the Declaration, and nominating committee, as provided in these fly -Lexe. to ad ition, the Deard of Directors shall appoint other committees as .eemed appropriate in carrying out its purpose. e ! 144 • to • a wl yj::i` • ,i�� =• » �aEt�'ri•'S°if': � gtt: ! c �t�•s b eo .•a•Y " +�d t 'T r i °4�i •..�?.y,. ; 4 , �r't .'lr�l� fi f•.t n t� c'd pZt:06 Z L 9Z Inf The books, records, and papers of the Assoc times. during reasonable business hours, he by any Member. The Declaration, tho and the By-Lays of the Aesoolation "hen be inspection by any Member a the principal of ASIOCiSt100, vbere copies may be I:anchored atton shall et el) subject to inspection e or incorporation, 'visitable for ice Of the' t moon/031e caste. ARTICLE X] ARRERsmEglE As more fully provided in the Declaration. ach Member is obligated to pay to the Association special assessment! which are secured by a continuing lien upon the Property against which the assessment is mads. If the assessment le not paid 'within thirty io (30) days after the due date, the Assassin It obeli bear interest frog the date ot delinquency et the rate of ten percent (107) per annum, and the Association may bring an action at lav rig-glint the Owner personally obligated to pay the same r foreclose the Len against the Property, and interest, costa and reasonable attorney's ream of any such action shall be added to the amount of such aseeasment. No Owner say valve or oLhnx14e escape liability for the assessments provided for herein by nor Lae of the Common Area or ahandonment of his tot. The Association shall have no corporate se Section 1. 'Merle By-Lava may be amen special meeting of the Members, by a quorum of members present to person 0 ed at a regular or oto of a majority of a by proxy. 1 .....,:,.1,4-f,..,...E,„....1.. .... v4.... 2. .;;.,........i:;!.......::..,`,:.',.,.;'j,`.'' ',.•....-t:'.:■:.":7.:- ' ' , ::."...f".•:-.--.:..........,,"..', ...4,....'*:'11.-•.'0',:!„. :;*..t...:J.I.:-.:;...4 gd eCt7:0 Z 9Z Inr ...1..1. •:.- ...s4 - 1 fi... ..e....7-,4..!s...;;:...:T.'„,tiw t,'=.....x..1 i i44,4., ,.,, '..."ii: . 41': *eg. A 11*.il . *if ...e. V . °F •' 1_ a. ..., ... .- ,,!.,,;,..,--,,,,,•:, .4,1„,.., • - Section 2. re the came of any conflict between the Declaration and thee. By-tays. the Declaration shall conteoll and In the case of any conflict between the Artioioo or incorporation and the Declaration, the Declaration shall control. The Association shall comply with all requirements imps by any applicable statute relating to the properties or ekeuutilie order prohibiting discrimination an the b .1a Of rece, color, Xi religion or national origin and concerning equal opportu ity and employmeot or use, aele, lease or other disposition of properLiee, or any housing or other facilities now or he after located thereon. ARTICLE XV AUDiTIOtiat DPVFLOPVR R!9Wt The Developer shall have the right to prohibit, stop or remedy a...0 action, being taken by the aaeoriation, es the casu way be, if such motion is or may be in violation or or has or may have aldetrimental effort on Developer because of Developer,e contract and agreements under Development ard Project Agreements with the City 0 Lino Takes 5 A The fiscal year of the Aesecintion shall begin on the is January and end on the )let Rey or December of every yea that the first fiscal year !shell begin on the date of iocorporation. rn WITNESS NEANDT, re, being all of the directorn or Oa Drook,,,. Panineula Homeowners, Resocietion, have act our handa this ar of etfte,S _. 1993. • L'd POUPP e£17:01.. 9Z rir 's.A.A.ra....u......4... ill . '',5 ;•": :,- .1, f :: ' 11,11:' 1":'' • 1 ...';`,....:''' 4Z ' ' ..-kR... ":75•''",'4.11.''..e : " ..›". 4........::;.;.... S.A. ,, ' : ' , '1.` .'4,..-- • - '.. . ,....,.. 1 . . . . .. . . -1- .., _ .., . . , , ._." ;....., . ....: ...., . .4.,...,.,-...., .: .,..- ,,...:. .• • . - ..'`.1........1 s.: ■ ' ...- 1,... ' ■ ;, A : - • = ' '-'• : . ' ' ..: ''":.,:.:.......4.......:..:::::::.::;,......1.::1;.: 14°" ' : rtk%:11. ,- ....„ :. *r.4---, r• ° '-'-' ' 11. `. A ••• •• . • . :Lief r, Robert R. Adamson, the undersigned, do hereby certify' THAT I am the Bole director of Oak 3 ook Peninsula Homeowners' Association, a Minnesota carp ration; and THAT / am the duly elected and actin[ _ secretary of Oak Brook Peninsula Homeowner's Association, a Mien iota corporation; and THAT the foregoing By-Lai s constitute the original By-Laws of said Asnociation, as duly adopted at a meLtin9 of the Board of Directors thereof held on the au, day o March • 1993. IN WITNESS WHEREOF, t have hereunto e4111P day of r*ii.,c4 • 1993. Subscribed and sworn to before no this SI day of 1993 by Robert R. Adamson, as director of Oak Mrook Pen nsula Homeowner's Association, a mindenots corporation. 1........... .._. uanr S. GIJOITHERMARRY , I I 01 Mast! ZZliTli SIP CO*I SOTA ". i ktillst Joao 1 len ..........,-. THUS INSTRUMENT WAS DRAFTED EY; JAMES F. MORRISON MORRISON TENSER. P.A. 6600 FRANC t AVE S., 1465 EDINA, MN 55435 (SU) 929-B838 33 • ■3 , MC,' 3 g'd - • - 7----...--.04s---ea■npa-ugy,ausomanayr 8I717:01. Z 9Z I nr ;1):: • - • 1'8.'4 vm.TrmewieleitimIgrrIMORritieM a9V:01 9 Z IT OAK BROOK PENINSULA BOARD OF DIRECti'ORS MEETING MINUTES May 30, 2012 Julie Schwartz, Mark Smith, Larry Slick None None DATE: DIRECTORS PRESENT: DIRECTORS ABSENT: OTHERS PRESENT: GENERAL MINUTES: I. Call to Order -- Meeting called to order at 12:25 pm II. Adam Johnson Trespass Issue — The Adam Johnson cartway request in front of the As the Board of Directors, it is cur responsibility to pro association elements, including the roadway and brid preserves the market value of all five lots /homes. As the cartway Is established, any construction not architectural covenants, specifically only a non -ha outbuilding, may also negatively affect the market va find it in the association's best interest, as well as parcel owners, to object to the cartway and hire an att to estimate damages accruing the association propert whether an attorney is or is not hired, as the compensation for damages. Consistent with Article Board of Directors are allowed to take necessary acti hire an attorney and appraiser to defend the assoc'- Cartway Request was made by L. Slick, and seconde unanimously. IV. Adjourning of Meeting — Motion by L. Slick to adjourn; seconded by M. Smith and the meeting adjourned at 1:08 pm Z'd City Council was discussed. =ctand maintain the common e. A private road and bridge ny legal use is allowed once consistent with the original itable structure such as an ue of all five lots /homes. We e best interest of individual n nay and appraiser, the latter . The appraisal is necessary cartway statute addresses 4 Section of the Bylaws, the n, and therefore, a motion to on from the Adam Johnson • by M. Smith, motion carries motion carries unanimously, Ile Sch tz, Secretary dt+ :zl ?I. at or 7/10/2012 Russ Melton 2150 Otter Lake Drive Lino Lakes, MN 55110 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Dear City of Lino Lakes, Mayor, and Council Members I am writing to address several topics that I understand arose at the July 9, 2012 hearing on Mr. Johnson's Petition for a Cartway Easement. First, I understand that an attorney appeared on behalf of the Oak Brook Homeowners Association ( "HOA. ") I am a member of the association and did not receive any notice of a meeting to vote on retaining an attorney, or on the association's formal position concerning Mr. Johnson's petition. The HOA documents require that the members receive notice for actions to be taken by the board, such as retaining an attorney to oppose Mr. Johnson's petition. For the record, I support Mr. Johnson's petition and have no objections to his using the HOA's private roadway and bridge to access his property. As I understand, he already is entitled to access to a dock on the south side of the road as a member of Otter Lake Estates. His use of the roadway to access his property on the north side of the road will have almost no effect on me or the other HOA members. Second, l understand that Julie Schwartz asserted that there is no docking easement for the Otter Lake Estate members to use. Mrs. Schwartz is absolutely wrong or being untruthful to the council. The docking easement for Otter Lake Estates is filed in the Tenth Judicial Court Records in Anoka, MN. As the docking easement states, the Adamson's (developers of Oak Brook Peninsula) must maintain a dock for the docking easement for Otter Lake Estates homeowners. The Otter Lake Estates homeowners are granted the docking easement if a dock exists, is maintained by the Adamson's, or does not exist due to lack of upkeep by the Adamson's. I personally own the dock used for the Docking Easement that I purchased from Marlin Hansen (landowner of the Otter Lake Estates Docking Easement property and my own Docking Easement). I understand that the Docking Easement grants 7 properties from Otter Lake Estates the right to access the easement property and use of the previously existing dock which was supposed to be maintained by the developer of Oak Brook Peninsula. Thank you. Sincergly; Russ Melton 2150 Otter Lake Drive Lino Lakes, MN 55110 This document acknowledges receipt of: Certificate of Title No. 101395, a copy of a settlement agreement titled Frank Kern et al vs. Marlin Hansen et al., an Order to Show Cause (document #08- 046223, Anoka County), and a copy of Docking Easement #1059450, delivered to Lino Lakes City Hall by Mr. 16T Johnson on July 25, 2012. The documents delivered are requested to be provided to the City Council and relate to Petition for Establishment of Cartway submitted by Adam Johnson. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651 - 982 -2400 ® Fax: 651 - 982 -2499 VOLUME No 266 PAGE 101395 CERTIFICATE OF TITLE No. 101395 Transferred from Certificate Number(s): 89787 by Document Number 458194 Originally registered on the 2nd day of November, 1994, Volume 244 Page 59, DISTRICT COURT FILE No. C2 -93 -7088 STATE OF MINNESOTA COUNTY OF ANOKA This is to certify that J S.S. REGISTRATION Gregory A, Wiecks, and Joann M. Wiecks, whose address is 2055 Otter Lake Drive, in the City of Lino Lakes and State of MN, 55110 as joint tenants, are now the owners of an estate, in fee simple of and in the following described land, situated in the County of Anoka and State of Minnesota, That part of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, lying easterly, southwesterly, southerly and easterly of the following described line: Commencing at the southeasterly corner of Lot 5, Block 3, said OTTER LAKE ESTATES, thence on an assumed bearing of North 89 degrees 56 minutes 00 seconds East, along the south line of said Outlot B a distance of256.22 feet to the point of beginning of the line to be described; thence North 4 degrees 18 minutes 53 seconds East a distance of 107.14 feet; thence North 29 degrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet thence North 83 degrees 48 minutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance of 288.47 feet to the south line of the north 971.86 feet of said Outlet B, as measured parallel with the north line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said south line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 167.32 feet; thence North 14 degrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 101.02 feet thence North 10 degrees 33 minutes 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds East a distance of 104.10 feet; thence North 58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet; thence North 5 degrees 05 minutes 16 seconds East a distance of 77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 feet to a point on the north line of said Outlot B distant 328.94 feet east from the northeast corner thereof, and said line there terminating. AND lying northerly, northeasterly, and easterly of Outlot A, OAK BROOK PENINSULA. That part of Government Lot 7, Section 36, Township 31, Range 22, lying southerly and westerly of Outlot B, 01 ! el( LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, and northeasterly of Oudot A, OAK BROOK PENINSULA. That part of Government Lot 6, Section 36, Township 31, Range 22, lying west of the southerly extension of the east lint of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No 858879, and lying easterly and northerly of Outlot A, OAK BROOK PENINSULA. SUBJECT: To protective covenants, restrictions and reservations, as set forth in declaration dated December 30, 1977 and filed January 20, 1978 as Anoka County recorder document No. 488589, as to that portion of the above - described land lying in Outlot B, OTTER LAKE ESTATES. To an exclusive easement for boat docking purposes as set forth in instrument dated November 14, 1991 and filed August 16, 1993 as Anoka County recorder document No. 1059450 for the benefit of the tracts of land herein described. Subject to the encumbrances, hens and interest noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as provided In Section 508.25. Minnesota Statutes, namely: 1. Liens, claims or rights arising under the laws or the Constitution of the United States. which the stances of this state cannot require to appear of record 1. Any real property tar or special assessment. 3. Any tense for n period not exceeding three years, when there is actual °carnation of the premises under the lease. 4. All rights in public highways upon the land. 5. Such right of ppeal or right to appear and contest the application os is allowed by law. 6. The rights of any person In possession under deed or contract for deed from the owner of the certificate of ride. 7. Any outstanding mechanics lien rights which may ens, under Section 514.01 to 51117, TRANSFERRED TO NO. 116616 Certificate of Title Number 101395 page 1 of 4 MEMORIAL OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. DO014NtF ir D OF >OCIIMENT" 355698 MORTGAGE RL'INNI3�C}- 'A�jEAVOR�OF_. ,,, Bremer Bank, National Association ^'■REGISTRATIONit IOC1IMEN2'i4 06/272000 5:00PM 06/01 /2000 5 23,900.00 81G144rURE!OF I,iEGSS Edward M. Treska Certificate of Title Number 101395 page 2 of 4 MEMORIAL OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. ?DOCOMENO' rr ra iNIIMB03.vft CIUME 458195 MORTGAGE glicigINGlillif1FAVOICOVv-llei Gregory A. Wiecks and Joann M. Wiecks, husband and wife to Mortgage Electronic Registration Systems, Inc., a Delaware corporation, solely as a nominee for lender. Lakeland Mortgage Corporation, a Minnesota corporation, lender. (See Doc.) !?jf�7SZ�,.r,�II�^�A 01/3012004 12:21 PM 11/19/2003 $ 245,600.00 .,,,„.„, „..,......,_,_: ..,...„, n ,,v . ,..„,.........,..,...,_,..,..,,J., Maureen J. Devine 307126 APPOINTMENT 02/06/1998 12:45PM 08/06/1996 OF AGENT FOR RELEASE OF MORTGAGE BY TITLE INSURANCE COMPANY Maureen 1. Devine RULZNINGtNfiA V OR?OFAllilg Chicago Title insurance Company, a Missouri Corporation hereby appoints Land Title Inc., a Minnesota Corporation as agent 460416 RELEASE OF 03/04/2004 10:IIAM 02/24/2004 MORTGAGE -- i1 iGWA1/.t IVI- CERTIFICATE OF RELEASE OF MORTGAGE BY TITLE INSURANCE COMPANY Releases Document No. 355698 under Minn. Stat. Sec. 507.401. Maureen J. Devine 481031.006 SATISFACTION 12/20/2004 2:04PM 12/13/2004 OF MORTGAGE Satisfies Document No. 458195. 481582.001 MORTGAGE 01/27/2005 10:32AM 11/05/2004 8 322,000.00 RUNNI dG,'RT A .QI!O J ` - %- Gregory A. Wiecks and Joann M. Wiecks, husband and wife to Mortgage Electronic Registration Systems, Inc., a Delaware corporation, solely as a nominee for lender. Lakeland Mortgage Corporation, a Minnesota corporation, lender. (See Doc.) Maureen 1. Devine Maureen J. Devine 471293 APPOINTMENT 07/08/2004 4:25PM 04/162004 OF AGENT FOR RELEASE OF MORTGAGE BY TITLE INSURANCE COMPANY Maureen .1 Devine Eff-NitcremipAvoiroW15'. Old Republic National Title-Insurance Company, Minnesota Corporation hereby appoints Homeparmer, Inc. dba Realstar Title, a Minnesota Corporation to execute and record Certificates of Release of Mortgage under Minn. Stat. Sec. 507.401. 486766.001 RELEASE OF 03/09/2006 10:27AM 03/03/2006 MORTGAGE RM G,'I TFAtVOR{JF7 .j: '=:i CERTIFICATE OF RELEASE OF MORTGAGE BY TITLE INSURANCE COMPANY - Releases Document No. 481582.001 under Minn. Stat. Sec. 507.401. Maureen J. Devine 486766.002 MORTGAGE 03/09/2006 10:27AM 02272006 $ 405,000.00 Maureen 1. Devine RUNNING IM A4UORfoF21 Gregory A. Wiecks and Joann M. Wiecks, husband and wife, to Argent Mortgage Company, LLC, a Delaware limited liability company. 487045.011 RELEASE OF 03/312006 12:47PM 03/09/2006 MORTGAGE )2UNNiNGtik iA1?GR +43F.4 [ Releases Document No. 481582.001. 494044.003 POWER OF 01/24/2008 11:45AM 09/29/2007 ATTORNEY R15NN11137N1#1ii iORtOEe'ti±* LIMITED POWER OF ATTORNEY Argent Mortgage Company LLC, a Delaware limited liability company hereby appoints Citi Residential Lending Inc, a Delaware corporation as attorney -in -fact for purposes therein stated. Maureen]. Devine Maureen 1. Devine Certificate of Title Number 101395 page 3 of 4 MEMORIAL OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. 4404#0*:':;);',. ?`NOMBEst, '; 494044.004 CQ11IE1V7i.'i�. - AFFIDAVIT OF NONREVOC. OF POWER OF ATTORNEY ItIINNING�IN �{t_VORi OE_ �',C jiltEGISTRAtfION a :DAOE' T1 .,...,:s - > DATE OF ' 'j oCOMEN.'L; 01242008 11:45AM 01/22/2008 AFFIDAVIT OF ATTORNEY IN FACT Power of Attorney dated September 29, 2007 has not been revoked or terminated. 494044.005 POWER OF ATTORNEY 01/24/2008 11:45AM 10/05/2007 "0.14640FREQS7 LlRkttl Maureen J. Devine Maureen J. Devine RZJNNING'- IN,.._ LIMITED POWER OF ATTORNEY Deutsche Bank National Trust Company Oka Bankers Trust Company of California, N.A. as Trustee pursuant to the Pooling and Servicing Agreements hereby appoints Citi Residential Lending Inc as attorney -in -fact for purposes therein stated. 494044.006 AFFIDAVIT OF NONREVOC. OF POWER OF ATTORNEY 01/24/2008 11:45AM 01/15/2008 RUNNING B FAYOZOF': * : : :, AFFIDAVIT OF ATTORNEY IN FACT Power of Attorney dated October 5, 2007 has not been revoked or terminated. 494044.007 ASSIGNMENT OF 01242008 11:45AM 01/15/2008 5 1.00 MORTGAGE RUNNINO?IN FAVOk7:5Y T"_� Document No. 486766.002 assigned to Deutsche Bank National Trust Company as trustee Maureen J. Devine 494044.008 POWER OF 01/24/2008 11:45AM 01/15/2008 ATTORNEY Maureen J. Devine Maureen J. Devine POWER OF ATTORNEY TO FORECLOSE MORTGAGE - Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset - Backed Pass - Through Certificates, Series 2006 -W4 by Citi Residential Lending, Inc., as Attorney -in -Fact, does hereby employ, authorize and empowers Shapiro, Nordmeyer, and Zielke LLP, Attorneys at Law to foreclose by advertisement mortgage filed as Document No. 486766.002. 494044.009 NOTICE OF PENDENCY 01/24/2008 11:45AM 01/232008 Maureen J. Devine R „114INGgNtFAVOR .OFF:4 i NOTICE OF PENDENCY OF PROCEEDING TO FORECLOSE MORTGAGE - Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset- Backed Pass - Through Certificates, Series 2006 -W4 by Atty gives notice that proceedings are now pending to foreclose by advertisement mortgage filed as Document No. 486766.002. 495070.004 SHERIFFS 05/12/2008 1:18PM 05/09/2008 3 435,784.81 CERTIFICATE & FORECLOSURE SALE Maureen J. Devine R17DiNINO1tJ FA3!OW,©1 i Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset- Backed Pass - Through Certificates, Series 2006 -W4 regarding Document No. 486766.002. Time allowed for redemption is 6 months from the date of sale. 499242.001 POWER OF 09/022009 12:35PM 03/10/2009 ATTORNEY RU0 NINE YN!FA4OR?OT r Maureen 1. Devine LIMITED POWER OF ATTORNEY Deutsche Bank National Trust Company formerly known as Bankers Trust Company of California, N.A. as Trustee pursuant to the Pooling and Servicing Agreements, hereby appoints American Horne Mortgage Servicing, Inc. as anomey -in -fact for purposes therein stated. 499242.002 AFFIDAVIT OF 09/02/2009 12:35PM 06/24/2009 NONREVOC. OF POWER OF ATTORNEY RUNNING INFAVOR4QF AFFIDAVIT OF ATTORNEY IN FACT Power of Attomey dated 3 -10 -09 has not been revoked or terminated. Maureen J. Devine Certificate of Title Number 101395 page 4 of 4 MEMORIAL, OF ESTATES, EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED. i i't W)]i N7 t j �fMB1�,1r t. r ny �- ,"RE ISRTRAIlQOT .i 'aS:REG!Pei?:- Wlrng/L t'- �ATEOF"rz DOu� ivre44 499241003 CERTIFICATE OF 09/02/2009 12:35PM 06/24/2009 TRUST R10 F•E ! Deutsche Bank National Trust Company, by attomey -in -fact, Trustee(s) empowered to act on behalf of the Argent Securities Inc., Asset Backed Pass - Through Certificates, Series 2006 -W4 (See Doc.). SIGI�yit<QREtOF REGJ6TRiA7t� Maureen J. Devine 499242.004 TRUSTEES 09/02/2009 12:35PM 06/24/2009 AFFIDAVIT Maureen J. Devine Deutsche Bank National Trust Company, as trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass - Through Certificates, Series 2006 -W4, by attorney -in -fact, certifies that documents referenced in Paragraph 3 were made pursuant to Trust Document dated 6/24/09. (See Doc.) 499242.005 LIMITED 09/02/2009 12:35PM 06 /24 /2009 WARRANTY DEED RnEV INTG— .Fit'Vm'� ORiOW -74 Maureen J. Devine Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass-Through - Certificates, ,-Series2006 -W4; by- attomey -in -fact, to- Adam - Johnson 499242 006 MORTGAGE 09/02/2009 12:35PM 07 /20/2009 S 188,000.00 Maureen J. Devine RUNPNIING: tFA d1 RaOF ' 1 Adam Johnson, single, to Mortgage Electronic Registration Systems, Inc., a Delaware corporation, solely as nominee for Lender. Advisors Mortgage, LLC, a Minnesota limited liability company, Lender. (See Doc.) 500507.009 ORDER FOR NEW 01 /26 /2010 11:25AM 01 /21 /2010 CERTIFICATE AFTER FORECLOSURE r.J,NNINilGA,EMOR =ClE74 , Anoka County District Court orders the Registrar of Titles to cancel Certificate of Title No. 101395 and enter a new certificate of title for the land described therein, in favor of Adam Johnson whose address is 2055 Otter Lake Drive, Lino Lakes, Minnesota 55110, subject to the existing recitals and subject to the memorial of Document No. 499242,006, but free from all other memorials now appearing on the present certificate through the memorial of Document No. 499242.006, and free also from the memorial of this order Court File No. 02 -CV -09 -5000 Maureen J. Devine IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 30th day of January, 2004 Maureen J. Devine, Registrar of Titles, In and for-the County of Anoka and State of Minnesota. SETTLEMENT AGREEMENT Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota. Page 1 of 5 This settlement agreement is entered into as of //.5Z2- 1991, by Frank and Donna Kern; Frederick and Pamela Gelbmann; John and Linda Elliott; John and Laurie Kinneberg; Ronald and Victoria Zarada; Thomas and Heidi Fitzgerald; Alien and Geraldine Letourneau; and John and Gloria McLean (Plaintiffs); and Marlin H. Hansen; Ronald D. Adamson, Robert R. Adamson, and City of Lino Lakes (Defendants). RECITALS 1. In order to resolve all claims raised in the Plaintiffs' Amended Complaint and all Counterclaims raised by Defendants, without further expenditures of time and money, the parties have agreed to enter a full settlement of these claims. 2. This settlement agreement expresses a full and complete settlement of all claims raised in the Plaintiffs' Amended Complaint and all Counterclaims raised by Defendants in the following action: Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota; and all of the pleadings and filings submitted therein. It is understood by the parties that this agreement does not constitute an admission or statement by any party that the other party has acted wrongfully or unlawfully. 3. Each of the undersigned parties to this settlement agreement has had ample opportunity to review the facts and law relevant to any asserted or potential claims; has had the opportunity to consult freely. with counsel of choice and has either done so or knowingly waived the right to do so; and has agreed to this settlement knowingly and voluntarily without duress or coercion from anytsource. r/t1 i5 ��N��S AGREEMENE 0 of ¢'-.4/ 1. Ronald and Robert Adamson agree not to extend Otter Lake Drive beyond Oak Brook Peninsula (as depicted in the preliminary plat map, revised 8/9/91) (Attachment A). The present cul -de -sac turnaround at the end of the existing Otter Lake Drive will remain a loop in its current form (as depicted in the preliminary plat map). Ronald and Robert Adamson agree that no more than 5 homes will be built in Oak Brook Peninsula, now or at any time within 15 years of the date of this settlement agreement. Ronald and Robert SETTLEMENT AGREEMENT Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota. Page 2 of 5 Adamson agree that all 18 Plaintiffs will have unrestricted access to the private bridge and road-up to and including that portion of } the road which abuts the easement area referenced in Paragraph 2 '• below and which access is necessary to access the easement area. 2. Ronald and Robert Adamson agree to construct or provide a dock that meets the Minnesota Department of Natural Resource's permit specifications, dated August 16, 1991 (Attachment B). -Ronald—and—Robert—Adamson agree-to grant to all - Plaintiffs - - -a nonexclusive easement over the private bridge and that part of the private road necessary to access the dock. Marlin Hansen agrees to grant to all laintiffs an exclusive easement (described in Attachment C),(upon the filing with the Anoka County Recorder of the plat of Oak Brook Peninsula.- Both easements are for the benefit of each Plaintiffs' current residential property and will run with those properties. Ronald and Robert Adamson and Marlin Hansen agree to allow the Plaintiffs to improve the exclusive easement area in any manner the Plaintiffs desire. 3. Ronald and Robert Adamson agree o make any repairs required by the Lino Lakes City Engineer, as specified in the Development Agreement for Oak Brook Peninsula by and between the City of Lino Lakes and Ronald and Robert Adamson,jfor any damage. to Otter Lake Drive which is caused by the construction of the private road, bridge, and /or homes in Oak Brook Peninsula. Ronald and Robert Adamson agree to make such repairs within 30 days after any repairs are required by the Lino Lakes City Engineer. Ronald and Robert Adamson, and their.successors and assigns, agree to accept responsibility for such repairs regardless of who actually constructs the road, bridge, or homes in Oak Brook Peninsula. Ronald and Robert Adamson agree to make repairs that are equal to the current condition of the road. 4. Ronald and Robert Adamson acknowledge the legal and binding validity of the Protective Covenants of Otter Lake Estates, as currently on file with Anoka County. Ronald and Robert Adamson agree and acknowledge that to the extent they own property in Otter Lake Estates, then they, and their successors and assigns, become bound parties to these covenants by purchasing an easement or property in Otter Lake Estates from Marlin Hansen. 5. Marlin Hansen acknowledges the legal and binding validity of the Protective Covenants of Otter Lake Estates, as currently on / ,< <, e) 61.4- rk -t`iS a P Le. (i6 [/C1 ✓Q U Ge:t- SETTLEMENT AGREEMENT Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota. Page 3 of 5 file with Anoka County. Marlin Hansen agrees to participate with all bound property owners in amending the covenants, including payment of his equal share of the costs of this process, not to exceed one -tenth of the total costs. 6. Marlin Hansen agrees to work with the channel association to remove rocks in the channel that obstruct navigation. 7. The City of Lino Lakes agrees to place two "Children at Play" signs on existing Otter Lake Drive. 8. The Plaintiffs agree not to impede or oppose the development of Oak Brook Peninsula in any manner whatsoever, with the provision that the development of Oak Brook Peninsula and the construction of the private road and bridge is undertaken consistent with the settlement agreement and all applicable laws. 'The Plaintiffs agree to refrain from directly and indirectly 'interfering in any way whatsoever with the development of Oak Brook Peninsula._ The Plaintiffs acknowledge that the Protective Covenants, as currently on file with Anoka County, do not prohibit the construction of the bridge across the channel as proposed by Ronald and Robert Adamson (as shown in Attachment D). 9. Ronald and Robert Adamson and Marlin Hansen agree to deliver to the Plaintiffs' attorney, Brent L. Vanderlinden, on or before December 21, 1991, a cashiers' check for $13,000.00 payable to Brent L. Vanderlinden. 10. In consideration of this settlement, the Plaintiffs agree to dismiss with prejudice all claims raised in the amended complaint against Marlin Hansen, Ronald and Robert Adamson, and the City of Lino Lakes; and Marlin Hansen and Ronald and Robert Adamson agree to dismiss with prejudice all counterclaims they have raised. 11. All parties to the settlement agree that if any dispute arises as to performance under the settlement agreement the parties to the dispute will attempt to resolve it through mediation at Mediation Services for Anoka County, Coon Rapids, Minnesota, provided that all plaintiffs still residing in Otter Lake Estates must agree by simple majority to pursue such a claim. If the mediation process proves unsuccessful, the parties agree that any aggrieved party may seek to resolve the dispute in Anoka County District Court, with the prevailing party entitled to reasonable SETTLEMENT AGREEMENT Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota. Page 4 of 5 attorneys fees and costs, and .punitive damages not to exceed $15,000.00.1 It is mutually agreed-that this settlement agreement will be subject to interpretation pursuant to the laws and statutes of the State of Minnesota. 12. Each party agrees to execute a Stipulation of Dismissal with Prejudice in order to dismiss the following action: Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No . -C3 -91 -3711, Tenth- Judicial -Di strict ,- Diistr-ic-t- Court of Minnesota. 13. This settlement agreement is entered into by all parties willingly, knowingly and voluntarily in full settlement of all claims as outlined above and is not to be construed as an admission by any party of the validity of any such claims. 14. This settlement agreement is irrevocable and binding upon all parties hereto. Marlin H. Hansen Robert R. Adamson City f, Lino; Lakes -" /,►i�r �_ Do ' a Kern Frederick Gelbmann am 7 a Gelbmann 174711L- nda Elliott Elliott John Kinneberg i Laurie Kinneberg Date: /a- 0.-7 Date: - /- ?'"'7/ Date: %-73' -7/ Date: Date: 47-Se-9/ Date: (C Date: / -2- .5,-F/ Date: /x/347/ SETTLEMENT AGREEMENT Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., Defendants; Court File No. C3 -91 -3711, Tenth Judicial District, District Court of Minnesota. Thomas Fitzg en Leto �� / John McLean Date: f Y 4.f6,4 4,; . IA lei .. -' r/ .� By: ATTESTED TO: Page 5 of 5 Victoria Zar, da Heidi Fitzge ;ld eraldine Letourneau .72/)`;e_ Gloria McLean CITY OF LINO LAKES Date: /72 -30-I/ Date: \. 30 `I Date: /fr/2 3457 Date: 6/ MAYOR L� 2,1,A, >/ � K:2,,,,,./2-z. 7 CLERK 1 : • 0 .4 / • 4 / • • te s t • 1 • Attachment Page 1 A it to o a 11 0 City of LINO LANES; Cuunty of ANOKA 0 0 0 V1fSNIN3d COPY PHONE NO. STATE OF Kr- LE DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Rd., St. Paul, MN 55106 772 -7910 FILE NO August 16, 1991 Robert Adamson 6001 Sargent Court North White Bear Lake, MN 55110 RE: AMENDMENT REQUEST, DNR PERMIT #90 -6221, CHANNEL CROSSING, LINO LAKES, _.ANOKA COUNTY Dear Mr. Adamson: The plans you submitted for the amendment request to Permit #90- 6221 have been reviewed by our staff. We have determined that the bridge will bring the channel crossing into greater compliance with the Rice Creek Watershed Board's request that no fill be placed in the channel, and that the bridge will be less restrictive to channel use than the originally permitted culvert. The Commissioner hereby waives the hearing on your application as authorized in Minnesota Statutes 103G.311, Subdivision 4. Therefore, Permit #90 -6221 is hereby amended to authorize the construction of a permanent bridge over the channel between unnamed wetland 2 -570W and Otter Lake (2 -3P), with a minimum structure elevation of 917.06' and riprap channel protection, all as shown and described in the revised plans received July 18, 1991. Permit #90 -6221 has also been amended to delete the special provision which- required an additional culvert for wildlife movement, which is no longer applicable to the project. Amended permit #90 -6221 is enclosed. Please be advised that .the DNR Protected Waters permit is permissive only. It does not confer any additional rights or release the permittee from any liability or obligation. General provisions #1 and #9 of the permit address these issues. This permit must be title registered in the office of the County Recorder (Anoka County Courthouse, 325 East Main Street, Anoka, MN 55303). The purpose of this recordation is to ensure that the structure is maintained as specifically stated in Special Provision. #14 of this permit. When you return the recorded permit to this office, we will forward a Notice of Permit card to you. You do not have authorization to begin this work until you have received such Notice of Permit card and posted same at project site. Please send the Certification of N EOUAL OpOORTUNITY EMPL OYc= Attachment B Page 1 Mr. Adamson August 16, 1991 Page Two (2) Recordation to the following address: DNR METRO REGION WATERS 1200 Warner Road St. Paul, MN 55106 If you have any questions., please contact the Anoka County Recorder's Office (421 -4760, ext. 1159) or Area Hydrologist Tom Hovey at 772 -7910 should you have any questions. Sincerely, gP/14 n Linc Stine R ional Hydrologist Enclosure cc: T. Fell, USCOE P. Rudolph, Anoka SWCD B. Gilbertson,AFM Rice Creek WSD City of Lino Lakes T. Wallace, AWM L. Milbridge, Conservation Officer Wetland file 2 -570W Otter Lake file (2 -3P) Attachment B Page 2 ,-02734 -04 rk11,4ESOTAt 3 !c,71 ✓L� r- r.ifL"rr OF NATURAL RE,5OUkCES DIVISKNr OFTATZRS rr3OTECTED WATERS PERMIT (io be RECORDED with the COUNTY RECORDER) P A. N�rnber 90 -6221 Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit seplicction, letters, maps, and plans submitted by the applicant and others supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, current or cross sfion of the following: This amended permit supersedes the original and all previous amendments. Protected water i Unamed Wetland (2 -570W) County Anoka Name of Applicant l Robert Adamson Telephone Number (include Area Code) (612) 653 -1207 Address (No. & Street, RFD, Box No., City, State, Zip Code) 6034 Sargent Court North, Lino Lakes, MN 55014 Authorized to: construct a permanent bridge over the channel between unnamed wetland 2 -570W and Otter Lake (2 -3P), with a minimum structure elevation of 917.06' and riprap channel protection; all. as shown and described in the revised plans received July 18, 1991, special provisions of this permit and Attachment B. Purpose of Permit: Channel crossing Date of Permit Expiration June 30, 1992 = roperty Described as: See Attachment C County Anoka As Indicated (6): (if applicable) Does not apply As Indicated (9): (if applicable) the ordinary high water elevation This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PRO` iSIONS This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. No chance shall be made, without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representa- tives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. This permit may -be terminated by the Commissioner of Natural Resources at any time.he deems it necessary for the conservation of the water resources of the state, or In the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. Construction work authorized under this permit shall be completed on or before the date specified above unless terminated as hereinafter provided. Upon written request to the Commissioner by the permittee, stating the reason therefore, an extension of time may be obtained. 3. The excavation of soil authorized herein shall not be construed to include the removal of organic matter (as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of bentonite after excavation. 7. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or dam- aging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefore. 3. This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or Attachment B Page 3 against the perminee, its agen • l)yees, or contractors for violation of - 4 • to comply with the permit or applicable provisions of law. h!^ material excavated by authority of this permit nor material from other source. except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above) if applicable. 10. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 11. This permit shall become effective on the date it is recorded in your County in the Office of the Recorder. The work affecting protected waters ai 'thorized herein shall not be commenced until a Notice of Permit has been conspicuously posted at the construction site and a copy of the recorded permit is posted on or near the premises upon which said work is conducted. A Notice of Permit will be issued by the Commissioner upon his receipt of a Certified copy of the recorded permit. 12. All general and special provisions of this permit shall bind the permittee, his heirs and assigns and shall run with'theland. 13. After the completion of the project authorized, permittee shall supply the Department of Natural Resources with photo- graphs of the project area. 14.• Permittee shall maintain the authorized project in a stable and safe condition. At any time the Commissioner finds that the project. Is subject to instability, creates a navigation hazard, has become a public nuisance, or has fallen into a state of disrepair, he shall order the owner to repair the project within a specified time. 15. Any Commissioner's Order terminating this permit may'also require the permittee, at his own expense, to remove within'the time specified in said Order, any authorized project constructed under this permit and, if applicable, any unauthorized project in violation of this permit. Said Order shall also require the permittee to restore, if necessary, the protected waters —or- beds - thereof -to- the- conditiorrexisting- before - the- unauthorized-activity. 16. This permit does not obviate any requirement for federal assent from the U.S. Army Corps of Engineers, 1421 U.S. Post Office and Custom House, St. Paul, Minnesota 55101 -9808. SPECIAL PROVISIONS STATE OF SEE ATTACENENT A cc: USCOE, T. Fell City of Lino Lakes, J. Miller Conservation Officer L. Milbridge B. Gilbertson, AFM Otter Lake (2 -3P) file a This instrument Minnesota DNR, COUNTY OF Subscribed and sworn to before me this day of My commission expires: Anoka SWCD. P. Rudolph Rice Creek WSD T: Wallace, AWM R. Anderson, St. Paul Waters Wetland 2 -570W file was prepared and drafted by Tom Hovey, 1200 Warner Road, St. Paul., MN 55106 19`1 4L 47‘ 9S LARRY SCHMITZ `+ A� NOTARY PUBLIC - MINNESOTA RAMSET COUNTY My Comm. Eaplrss Apr. 24. 1995 ■ WWWWWWWWYVVVW1VVVVVVVVVVV ■ Executed at SL Paul, Minnesota this /G 'day of COMMISSIONER OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES 9- r Attachment B Page 4. ATTACHMENT A Permit 90 -6221 Dated: 8' By 17. The permittee shall comply with all rules, regulations, standards of the Minnesota Pollution Control Agency and federal, state, or local agencies. / 9/ requirements, or other applicable 18. Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. 19. Erosion control characteristics. sediment ponds, commencement and measures shall be adequately designed for the site They may include staked haybales, diversion channels, or sediment fences. They shall be installed prior to maintained throughout project. All exposed soil shall be restored (by seeding and mulching or sodding and staking) within 72 hours of completion of project. Sediment fences or siltation curtains must be installed in the channel on both sides of the project area to prevent sediment migration. 20. The permittee shall grant the easement described in Attachment B for navigational access for residents of Otter Lake Estates:.aff.ected by. the bridge placeme 21. The permittee shall supply dockage along the easement described in Attachment B for residents of Otter Lake Estates affected by the bridge placement. The docks shall be removable from the water on a seasonal basis and shall be installed parallel and adjacent to the cattail fringe. The dockage shall be 4 feet in width and extend to a water depth of four feet. Maintenance of the docks shall be the responsibility of those benefitted parties.`— R./ 7 cuf `. L5 -%77-{ -- Oct- ct ea se mil, /f y_7 7` XT -a''_ G.(< J;t 3 fiett—zeet. Attachment B L✓y d7 -rc[iJ ( F�c Page 5 a-44 St"at =, ti 0 -CA7 E DE-SC/'I P 71 1) For: Marlin Hansen 2060 Oiler. Lake Drive White Bear Lake, Mn. 55110 / ) Tel: 429-1967 3 429. 1967 ~ ' 0 yor✓O�� ,I 9f • •,ra ..7, ter+•. I 511'0e..5 e t •._�. - °S#' Ir. 1;.%e .r Nerfl, /aJ7, IC 4,/ • OTTER • LAKE DR.!`��..-?..:e.. „. °I ��' " /I�1 �. � 160:4 (aa(.re Pee/ ./� &°v7 [el 7, Sec JC, 7', J/, R.72 0-1T E .. LP- (2 -3F) 1 ACIO(Ea2 B Permit 190.622_ Dated, s /ll, hi By, (� That part of Outlot B, Otter Lake Estates, Anoka County, Minnesota, lying south of a line which is 30 feat to the right of the following described line: :.Beginning at a point on the south line of the north 1001. %6 feet of said Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota distant 685 feet East from the west line of said Lot 7, said south line having an assumed bearing of.South 09 degrees 06.minutos 50 seconds East; thence North 0 degrees 53 minutes 02 seconds East 13.70 feet; thence South 89 degrees 14 minutes 24•seconds East 70.95 feet; thence easterly 93.50 feat along a tangential curve, concave to the southwest, having a radius of 168.58 feet and a central angle of 50 degree- l6 minutes 00 seconds; . thence South 10 degree= 58 minutes 24 second: East along tangent 109.17 feet; thence easterly 136.39 feet along p tangential curve, concave to the northeast, having a radius of 258.19 feet and a central angle of 30 degrees 16 minutes 00 seconds; thence South 69 degrees 14 minutes 24 seconds East along tangent 222.50 feet; thence southeasterly 93.81 feet along a tangential curve, concave to the southwest having a radius of 76.56 feet and a central angle of 70 degrees 12 minutes 15 seconds and said line there terminating. Except that part lying north of the south line of the North 1031.86 feet of Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota. Subject to an easement for ingress and egress over that part •of said Outlot 0 described as commencing at a point on the south line of the north 1001.86 feet of said Government Lot 7, Section .36, Township 31, Range 22, Anoka County, Minnesota distant 686 feet East from the west line of said Lot 7, said south line having -an assumed -bearing' of South 89 degrees 06 minutes 58 seconds East; thence North 0 degrees 53 minutes 02 seconds East 13.70 feet; thence South 89 degrees 14 minutes 24 seconds East 70.95 foot; thew, easterly 93.50 feat along n tangential curve. concave Co the southwest. having a radius of 106.58 feet and a central angle of 50 degrees 16 'minutes 00 seconds; thence South 30 degrees 58 minutes 24 seconds East along,tangent 109.17 feet; thence easterly 32.22 feet along a tangential curve, concave to tIie' 'northeast, having a radius of 250.19 feet and a central angle of 7 degrees 09 minutes 00 seconds to the point of beginning of the easement to be described; thence South 43 degrees 62 minutes 36 seconds West along a nontangential line 131.00 feet + to the shoreline of Otter Lake; thence easterly along the shoreline of Otter Lake to the' intersection with a line that'bears South 16 degrees 44 minutes 36 seconds West from the point of beginning; thence North 16 degrees 44 minutes 36 seconds East to the point of beginning. Scale; 1'= yoo Book. Ooje Job No _mot_ I harcby cerhl' Nlol Ibis p'on,survey or report l by me or under my dime/ supervision ando �Thal am duly •Reis /ered Lond Surveyor un°p'er /he lows o /he o Minnesota . Doled /his 58' day or liar” 'y,� �% o° , Re9islrofion No. 74W E.G. RUD 1 SONS, INC. Lave SURVEYORS 9560 Cerindlon Ave. N. Circle. Piri Mr. 55014 721. 78G-5556 1leered elterp /r'on f /JO/fi Attachment B Page 6 ATTACHMENT C PERMIT 90 -6221 DATED: 8/! (, /Q /' Proposed Description for Bridge Easement A strip of land 60 feet in width over, under and across Outlot B, Otter Lake Estates, according to the recorded plat thereof and over, under and across Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota. The centerline of said strip of land is described as Commencing at a point on the south line of the north 1001.86 feet of said Government Lot 7 distant 685 feet east from the west line of said Government Lot 7, said south line has an assumed bearing of South 89 degrees 06 minutes 58 seconds East; thence North 0 degrees 53 minutes 02 seconds East 13.70 feet; thence South 89 degrees 14 minutes 24 seconds East 70.95 feet; thence southeasterly along a tangential curve concave to the southwest having a central angle of 50 degrees 16 minutes, a radios of 106.58 feet and an arc length of 93.50 feet to the point of beginning of the centerline to be described; thence _South 3,8 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet; thence southeasterly 50.00 feet along a tangential curve concave to the northeast having a radius 258.19 feet and said centerline there terminating. Rea Lvu5 /1^ ad lVBKjF. ci G e, 5 / a F f -e./z.. Gar, ,� (,s, /;,•j�l %` �o . d? Attachment B Page 7 v , -� 1(0 J Uo 7T '01 S�,uL4 Le Date: DOCKING EASEMENT FOR VALUABLE CONSIDERATION, Marlin H. Hansen and Ruth M. S. Hansen, husband and wife, Grantors, hereby convey to Thomas Fitzgerald and Heidi I. Fitzgerald (owners of Parcel A, described below); Ronald Zarada and Victoria Zarada (owners of Parcel B, described below); John Elliot and Linda Elliot (owners of Parcel C, described below) ; John Kinneberg and Laurie Kinneberg (owners of Parcel D, described below); Frank Kern and Donna Kern (owners of Parcel E, described below); Frederick Gelbinann and Pamela Gelbmann (owners of Parcel F, described below); Allan LeTourneau (part owner of Parcel G, described below); Geraldine LeTourneau (part owner of Parcels G and described below); John McLean (part owner of Parcel H, described below); Gloria McLean (part owner of Parcels H and I, described below); and Lois Maroney (part owner of Parcel ) described below), Grantees, an exclusive easement for boat docking purposes in real property in Anoka County, Minnesota (hereinafter referred to the "Easement Property "), described as follows: nee¢. L„�e That part of Outlot B, Otter Lake Estates, described as: commencing at a point on the south line of the north 1001.86 feet of said Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota distant 685 feet East from the west line of said Lot_ 7, said south line having an assumed bear'.- of h 89 d-•rees 14 minutes 24 seconds East; e e North 0 degrees 45 minutes 36 seconds ER-St---- 20.00 feet; thence South 89 degrees 14 minutes 24 seconds East 71.00 feet; thence easterly 93.50 feet along a tangential curve, concave to the southwest, having a radius of 106.58 feet and a central angle of 50 degrees 16 minutes CO seconds; thence South 38 degrees 58 minutes 24 seconds East along tangent 109.17 feet; thence easterly 32.22 feet along a tangential curve, concave to the northeast, having a radius of 258.19 feet and a central angle of 7 degrees 09 minutes 00 seconds to the point of beginning of the easement to be described; thence South 43 degrees 52 minutes 36 seconds West along a nontangential line 131 feet ± to the shoreline of Otter.Lake; thence - easterly along the shoreline of Otter Lake to the intersection with a line that bears South 16 degrees 44 minutes 36 seconds West from the point of beginning; thence North 16 degrees 44 minutes 36 seconds East. to the point of beginning. Said easement is for the benefit of and shall run with the title to the real property in Anoka County, Minnesota (hereinafter referred to as the HBenefitted Property ") described as follows: se, Attachment C Page 1 11/14/91 L.-Lt. .-L 1 U %, ,4 fJLMi LN — . f c `e.•-N • '►.--„ 1�rra r YVEi�- j--/ Parcel A: Lot 1, Block 3, Otter Lake Estates Parcel B: Lot 2, Block 3, Otter Lake Estates Parcel C: Lot 3, Block 3, Otter Lake Estates Parcel D: Lot 4, Block 3, Otter Lake Estates Parcel E; Lot 5, Block 3, Otter Lake Estates Parcel F: Lot 1, Block 4, Otter Lake Estates Parcel G: The East 100 feet of South of the North 1001.86 feet 36, Township 31, Range 22. Parcel H: The East 100 feet of South of the North 1031.86 feet 36, Township 31, Range 22. the West 200 feet of Government Lot the West 500 feet of Government Lot lying 7, Section lying 7, Section Parcel I: Outlot A, Otter Lake Estates; AND That part of Outlot 5, OTTER LAKE ESTATES, Anoka County, Minnesota lying Westerly of the center line of the most Easterly existing channel which crosses said Outlot B in a North -South direction except that part of Outlot B, OTTER LAKE ESTATES, Anoka County, Minnesota described as follows: Beginning at a point.on the South line of the North 1031.86 feet of Government Lot 7, Section 36, Township 31, Range 22 distant 580 feet East of the West line of said Government Lot 7 as measured parallel with the North line thereof; thence North 89° 56' East (assumed bearing) parallel with the North line of Government Lot 7 a distance of 50 feet; thence South parallel with the West line of said Government Lot 7 to the Southerly line thereof; thence Easterly along the Southerly line of said Government Lot 7 to the center line of an existing channel which bears South 16° 56' West from a point on the South line of the North 1031.86 feet of said Government Lot 7 distant 899 feet East of the West line of said=Government Lot 7; thence North 16° 56' East along said center line to its Intersection with the South line of the North 971.86 feet of said Government Lot 7; thence Westerly parallel with the North line of said Government Lot 7 a distance of 57 feet, more or less, to the Southwesterly line of an existing channel; thence Northwesterly and Southwesterly along the Southwesterly and Southeasterly line of said channel to a point on a line drawn North from the point of beginning and at right angles to the South line of said North 1031.86 feet; thence South to the point of beginning. Attachment C Page 2 11/14/91 • Said easement is hereby created subject to the following conditions and restrictions: 1. The owners of the Benefitted Property may improve the Easement Property, consistent with the purpose of the easement, at their expense and shall be responsible for maintaining such improvements in a safe, sanitary and secure condition. 2. No buildings of any kind may be constructed or _ maintained on the Easement Property, except one accessory storage building; provided that any such building is consistent with the requirements of the Protective Covenants filed as Anoka County Recorder Doc. No. 488589; and provided that any such building shall be constructed and maintained in a safe, sanitary and secure condition at the sole expense cf the owners . of the Benefitted Property. 3. The Easement Property may not be used for off - season boat storage. 4. The owners of each Parcel, described above, may dock no more than two boats on the Easement property at any time. 5. The Easement Property shall be kept clean and free of debris and Grantors shall not be responsible for any maintenance to the Easement Property. 6. Use of the Easement Property shall be made with the understanding that Grantors, their heirs, successors and assigns shall not be liable for personal injury or property damage arising out of the use of the Easement Property. Grantors recommend that the owners of the Benefitted Property obtain insurance to protect themselves from liability for personal injury and loss of property occurring from use of the Easement Property. GRANTORS: Marlin H. Hansen M. S. Hansen Attachment C Page 3 11/14/91 STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1991, by Marlin H. Hansen and Ruth M. S. Hansen, husband and wife, Grantors. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Jensen, Hicken, Gedde & Scott, P.A. 2150 Third Avenue Suite 300 Anoka, Minnesota 55303 a Attachment C Page 4 11/14/91 30(11dEi 3811N3 t103 531111NVf10 30 31f103HOS 3 T a5 d Q 4u9121Lp ;q.y 6 kri GI is r. .0..K - .F) 10 i svia (0) P T•IR ti N 0 08- 046223 STATE OF MINNESOTA COUNTY OF ANOKA lr Jana F. Morrow Court Administrator NOV 0 2 2009 Anoka Qounty, MN In the matter of the Petition of BEV BOYER Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset- Backed Pass - Through Certificates, Series 2006 -W4 In Relation to Certificate of Title No. 101395 issued for land in the County of Anoka and State of Minnesota and legally described as follows: DISTRICT COURT TENTH JUDICIAL DISTRICT ORDER TO SHOW CAUSE District Court File No. 02 -CV -09 -5000 That part of Outlot B, Otter Lake Estates, as corrected by Surveyors certificate filed as Anoka County recorder Document Number 858879, lying Easterly, Southwesterly, Southerly and Easterly of the following described line: Commencing at the Southeasterly corner of Lot 5, Block 3, said OtterAake Estates, thence on an assumed bearing of North 89 degrees 56 minutes 00 seconds East, along the South line of said Outlot B a distance of 256.22 feet to the point of beginning of the line to be described; thence North 4 degrees 18 minutes 53 seconds Past a distance of 107.14 feet; thence North 29 degrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet; thence North 83 degrees 48 minutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance 288.47 feet to the South line of the North 971.86 feet of said Outlot B, as measured parallel with the North line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said South line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 16732 feet; thence North 14 degrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 101.02 feet; thence North 10 degrees 33 minutes 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds East a distance of 104.10 feet; thence North .58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet, thence North 5 degrees 05 minutes 16 seconds East a distance of 77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 feet to a point on the North line of said Outlot B distant 328.94 feet East from the Northeast corner thereof, and said line ther -e terminating- AND lying Northerly, Northeasterly, and_ Easterly of Outlot A, Oak Brook f1,1, Penninsula. That part of Government Lot 7, Section 36, Township 31, Range 22, lying Southerly and Westerly of Outlot B, Otter hike Estates, as corrected by Surveyor's certified filed as Anoka County recorder document Number 858879, and Northeasterly of Outlot A, Oak Brook Penninsula. That pan ar Government Lot 6, Section 36, Township 31, Range 22, lying West of the Southerly extension of the East line of Outlot B, Otter Lake Estates, as corrected by surveyor's certificate filed as Anoka County recorder Document Number 858879, and lying Easterly and Northerly of Outlot A Oak Brook Penninsula. To: Gregory A. Wiecks and Joann M. Wiecks Upon receiving and filing the Report of the Examiner of Titles in the above - entitled matter, IT IS ORDERED, that you, and all persons interested, appear before this Court on the 21st day of January, 2010 at 1:00 p.m. in the Anoka County Government Center, Room 715, 2100 3`d Avenue, in the city of Anoka, State of Minnesota, and then or as soon thereafter as the above - entitled matter can be heard, show cause, if any there be, why this Court should not enter an Order as follows: That the registrar of titles, upon the filing with her of a certified copy of this order, cancel Certificate of Title No. 101395 and enter a new certificate of title for the and described therein, in favor of Adam Johnson, whose address is 2055 Otter Lake Drive, Lino Lakes, MN 55110, subject to the existing recitals and subject to the memorial of Document No. 499242.006, but free from all other memorials appearing on the present certificate through the memorial of Document No. 499242.006, and also free from the memorial of this Order. IT IS FURTHER ORDERED, that this Order be served: (a) at least ten (10) days prior to such hearing- upon -all- the - above- nanned_ parties _residingin_this_state_in_the manner_ provided by law for the service of a summons in a civil action; (b) it shall be served at least fourteen days prior to such hearing upon any of the above -named non - residents by sending a copy of this order to such nonresident at his post office address, by registered or certified mail, return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least fourteen days prior to the hearing by first class mail to such party at his last known address and by sending another copy of this Order at least fourteen days prior to the hearing by first class mail to his address as stated on the certificate of title if an address is so stated. Upon a dissolved, withdrawn or revoked business entity governed by Minn. Stat. Chp. 302A, 303, 317A, 322A, 322B or 323 in the manner provided by Minn.Stat. Sec. 5.25. (Note: return date on Order to Show Cause must be at least 30 days after date of mailing by the Secretary of State Approved: Dated: By Braid • FaiCHAQ.D 5. L1 j7 014- Examiner of Titles MN - Shapiro, Nordmeyer & ZieIke, LLP By: Melissa L. Baldridge Porter - 0337778 Attorney for Petitioner 12550 West Frontage Road Suite 200 Burnsville, MN 55337 (952)831 -4734 By - 2a6,73"/ Judge of District Court Only those who wish to object to the entry of the aforementioned order are required to appear before the court as direct by this order to show cause. Said easement is hereby created Subject to the foilowing Ophditions and restrictions! Orr Nconart Furtzg ANASHINSTOWC01707M! cOlunlesion eixplrea *Do SiaMeA via-drat-tea by: 0. Lltv..w.5 xfax agive MO, ;ti:1701.16#4/001,,, 14 5511 it. ,..,.: -.P. . .. -, ..... -'.. - fiA- . sr_ 1 • - ' "' . . .- ' ..7 .r. 1.•,,- 'tux £.+V - Michael Grochala From: Joseph J. Langel <JJL @ratwiklaw.com> Sent: Tuesday, July 31, 2012 11:19 AM To: Joseph J. Langel Subject: FW: Adam Johnson - cartway petition Attachments: docking easement to my propertyjpg From: Joseph M. Barnett jmailto :jbamett @folevmansfield.coml Sent: Tuesday, July 10, 2012 1:14 PM To: Joseph J. Lange) Cc: Adam Johnson (ajohnso8 (&gmail.com) Subject: RE: Adam Johnson - cartway petition I understand that the Council was looking for a more detailed understanding of the size of the cartway required to access Mr. Johnson's property. Mr. Johnson ran a new distance map off the Anoka county website based on the understanding that he is entitled to the docking easement. I have attached a copy of the map showing the distance as 8.76 feet from the northerly edge of the easement to his property. Using the 33 foot requirement for width of a cartway pursuant to MN Stat. 435.37, the required size would be 8.76' x. 33' (289 square feet.) This minute access point further shows that any damages are de minimis. A fair way to look at the minimal damage issue is to take the unimproved land values of the parcels in the association, for tax purposes, and divide it by the parcel sizes to determine the cost per foot (Note that Respondent's appraiser asserted a $.50 cost per sf): Unimproved Land Value for HOA $1,082,200/ Acreage for HOA Parcels 18.83 = Cost Per Acre $57,472. Cost Per Square Foot $1.32 ($57,472/43,560 (which is square feet in an acre.) Accordingly, an outright taking of 289 sf of unimproved land would cost $381.48. Because Mr. Johnson is only seeking access by easement to this tiny area you would further divide it by the number of properties that can use the 289 sf, which is 6 including Mr. Johnson, for a total damages of $63.58. This calculation demonstrates why Mr. Johnson takes the position that there are extremely minimal damages at issue. 1 Anoka County GIS Map Foods Supplier Quality an.. cn 0 0 0 OP a N 1 S 4-1. b u. l. \M c_ WS — Item 1.5 WORK SESSION STAFF REPORT Work Session Item No. 1.5 Date: September 4, 2012 To: City Council From: Marty Asleson Re: The placement of can cages for recycling and fundraising efforts. Background An Anoka County Recycling Enhancement Grant was recently awarded to and approved by the Council. Part of the grant is the purchase or construction of "can- cages ". Aluminum can cages are written into the grant in order to involve our public both residential and business to cooperatively recycle their cans in municipal collection stations to promote fundraising and involvement in building our community park. Council member Roeser has discussed the placement of these collection cages with our District Fire Chief to place the cages at each fire station. Profits from the sale of aluminum will go to the community park building effort, and the tonnages of the collected materials will go to the credit of the municipalities within which the structures are located. After further investigation, ACE Solid Waste has offered the cages at no cost to the City. A hauling charge of approximately $85 would be charged for hauling. Potential profit from one cage would be approximately $1200.00 Requested Council Direction Staff is asking Council approval to proceed. Attachments 1. Can Cages Attachment 1 These recycling containers are 18 feet long by 6 feet wide. They hold 15 yards. We could have our new recycling slogan placed on them and anything else we would want on them. WS — Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: September 4, 2012 To: City Council From: Michael Grochala Re: Traffic Signal Project update Background Bid opening for the signal project will be held on Thursday, August 30, 2012. The September 10, 20-12 City Council agenda will include consideration to award the contract for the project. Staff will have the preliminary bid results for council discussion at the work session. The project schedule is as follows: Approve Plans & Specifications and Authorize Advertisement for Bids - July 25 Bid Opening — August 30 Award Contract — September 10 Start Construction — October 1 Construct -ion Complete — June 2013 Staff will also provide the council with an update on the status of the TKDA Supplemental Engineering request. Council Direction None required. WS — Item 3 WORK SESSION STAFF REPORT Work Session Item No. 3 Date: September 4, 2012 To: City Council From: Mary Alice Divine Re: Proposed Dominium Townhome project Background Representatives from Dominium addressed the Council on August 27 with a proposal to construct 46 affordable rental townhomes in the Legacy at Woods Edge development. Mayor Reinert requested it be put on the next work session for further discussion. Requested Council Direction Staff is seeking direction as to whether this is a project the City Council is interested in pursuing further. Attachments None 0 4_ O 'E. 0 c 0 1.- Resident affordability requirements • t The 50% Maximum Rent is: E E O O a) N M O 0 o `O in co N 1 1 The 60% Maximum Rent is: E E E 2 0 2 V -`p W CO 'Cr N 0 0 a° N M O v M O. i- 1 1 N _> _� c c O 0 U U O 0 _v . c < • N CO v - • N CO v E 0 0 0 E 0 0 0 O ?_• ?_• >• o >• ?_` ?_• c •E •E •E c •E •E •E •- 0 0 0 •- 0 0 o c c,._ O 0 0 0 0 0 0 0 w o o ° 60 o o 0 OO o °°o E000 e .O CO O e M co M in M M . `3 nr � O Ca U 4" O U) V) CO- M • • • t • • • 1- 1- I I 1 Tenant Selection Process • O d O —_ E O N to E O t 'E ;n 0 N -o 0 c O T3 -0 E _3 •= U U •c ,- o 2 } c U c m 0 O Q LE O I- 0 1 1 construction, and agricultural workers Budget Gap Options 8/21/2012 Total Budget Gap Add Voting Equipment Revised Total Gap to Maintain 2012 Levy Budget Reductions /Adjustments Move applicable fleet fuel /maint costs to Utilities Move 30% of Sandie's cost to Utilities Delay PW Fleet Capital Equipment Replacement Reduce Capital Equipment Replacement - Police & Fire Maintain 2012 Street Maintenance Effort Strategic Planning Consultant Increase Recreation Registration Fees Fund Surplus Use Available Accum Fund Surplus Total Reductions Remaining Gap Amount Identified by Council Difference over Budget Gap $ 535,369 3,000 $ 538,369 $ 538,369 20,000 24,053 250,000 75S 5,000 10,000 244,000 (406,803) (13- 4,566)- S (538,369) 550,000 Other Options to Further Reduce Budget Staff Adjustments Phased Retirement - Economic -Dev Coordinator Increase Economic Dev Professional Services Reduce 1 General Maintenance Worker Increase PW Seasonal Reduce 1/2 Bldg Inspector Add Seasonal /Pooled Inspector - est 700 hours Phased Retirement - Mechanic (Hire Replacement) Est Unemployment Comp Program Reductions Recreation Program Est Unemployment Comp Fund Surplus Remainder of Available Accum Fund Surplus Total Other Options to Reduce Budget 45,600 (10,000) 68,000 (15,000) 39,758 (25,000) 4,000 (28,370) 205,203 (29,496) 112,434 $ 367,129 78,988 175,707 City of Lino Lakes 2013 Capital Equipment Replacement Department Description Amount Police (3) Squad Cars & Equipment $108,000 Fire Fleet Capital Equipment 60,250 Total Fleet Total Equipment Levy 0 $168,250 0 Capital Equipment Fund 0 Certificates to be Issued $168,250 City of Lino Lakes 2013 Capital Equipment Replacement Future Levy Impact: 2012 Certificates 1% Total w /5% Principal Interest Total Overlevy Balance 2012 Certificates Issued 168,250 2013 54,000 3,225 57,225 60.086 114,250 2014 56,750 1,143 57,893 60,787 57,500 2015 57,500 575 58,075 60,979 0 Totals 168,250 4,942 173,192 181,852 CITY OF LINO LAKES 2013 PROPOSED GENERAL FUND REVENUE Staff Council Account Actual Actual Budget YTD Proposed Adopted Increase/ Number 2010 2011 2012 2012 2013 2013 Decrease Property Taxes General Property Tax 101- 3010 -000 6,359,330 6,326,947 7,192,818 3,120,000 7,202,169 7,202,169 0.13% Delinquent taxes 101- 3020 -000 118,947 193,773 140,000 0 140,000 140,000 0.00% Delinquent taxes - Tax Abatements 101- 3025 -000 652 682 0 0 0 0 Manufactured Home Tax 101- 3030 -000 0 0 0 0 0 0 Fiscal Disparities 101 - 3040 -000 963,968 977,707 0 0 0 0 Fiscal Disparities - Tax Abatements 101- 3045 -000 0 0 0 0 0 0 Excess Tax Increments 101- 3050 -000 123,202 0 0 0 0 0 Tax Abatements 101- 3055 -000 0 0 0 0 0 0 Tax Forfeits 101- 3060 -000 0 0 0 0 0 0 Penalties & Interest 101- 3150 -000 8,957 20,636 10,000 0 15,000 15,000 "' Special Assessments Current Assessments 7,575,056 7,519,745_ 7,342,818 3,120,000 7,357,169 7,357,169 0.20% 101- 3110 -000 1,215 1,177 0 0 0 0 1,215 1,177 0 0 0 0 Intergovernmental Revenue Federal COP Grant 101- 3315 -000 0 0 0 0 0 0 Other Federal Revenue 101- 3319 -000 15,674 0 0 0 0 0 Local Government Aid 101 - 3340 -000 0 0 0 0 0 0 Market Value Homestead Credit 101- 3341 -000 3,907 3,405 0 0 0 0 "' Municipal State Aid 101 - 3345 -000 184,652 198,292" 200,000 109,237 200,000 200,000 0.00% Police State Aid 1-01- 3346 -000 181,398 164,305 185,000 0 165,000 165,000 (10.81 %) Other State Revenue 101- 3348 -000 186,356 183,722 54,051 0 35,000 35,000 (35.25 %) Anoka County Solid Waste 101- 3360 -000 33,641 32,276 35,000 0 35,000 35,000 0.00% Anoka County Special Detail 101 - 3364 -000 0 4,000 0 0 0 0 "' Liveable Communities Grant 101 - 3370 -000 0 0 0 0 0 0 "' 605,628 586,000 474,051 109,237 435,000 435,000 (8.24 %) Business Licenses and Permits Liquor License - Bar 101 - 3201 -000 19,976 13,500 14,500 13,500 13.500 13,500 (6.90 %) Liquor License - Beer 101- 3202 -000 600 0 1,000 200 600 600 (40.00 %) Off -Sale Liquor 101- 3203 -000 1,700 1,283 1,500 1,200 1,200 1,200 (20:00 %) Sunday Liquor License 101- 3204 -000 1,600 800 1,500 800 1.000 1,000 (33.33 %) Club Liquor License 101- 3205 -000 300 300 300 300 300 300 0.00% Beer Permit 101- 3206 -000 0 200 100 0 100 100 0.00% Investigation Fee- 101- 3208 -000 3,000 250 0- 0 0 0 ." Garbage Removal License 101- 3209 -000 1,585 1,155 1,800 0 1,500- 1,500 (16.67 %) Temporary Consumption Permit 101 - 3210 - 000 350 310 200 200 200 200 0.00% Cigarette License 101- 3211 -000 450 400 500 550 500 500 0.00% Contractor's License 101- 3213 -000 10,380 9,372 15,000 4,680 10,000 10,000 (33.33 %) Rental Housing License 101- 3215 -000 3,575 4,578 3,500 2,475 4,000 4,000 14.29% Kennel License 101 - 3218 -000 0 0 0 0 0 0 "' Dance 101- 3219 -000 235 235 300 35 300 300 0.00% Fireworks License 101- 3220 -000 0 100 200 100 100 100 (50.00 %) Peddlers License 101- 3223 -000 750 0 1,000 500 1,000 1,000 0.00% Gambling Tax 101- 3224 -000 604 718 1,000 404 1,000 1,000 0.00% Lodging Tax 101- 3225 -000 44,418 52,245 40,000 17,105 45,000 45,000 12.50% 89,523 85,446 82,400 42,049 80,300 80,300 (2.55 %) CITY OF LINO LAKES 2013 PROPOSED GENERAL FUND REVENUE Staff Council Account Actual Actual Budget YTD Proposed Adopted Increase/ Number 2010 2011 2012 2012 2013 2013 Decrease Non - Business Licenses and Permits Building Permits 101- 3250 -000 130,663 126,839 205,000 61,396 150,000 150,000 (26.83 %) Plan Inspection Fees 101- 3251 -000 61,313 63,735 80,000 34,119 70,000 70,000 (12.50 %) Erosion Control Permits 101 - 3252 -000 4,650 5,100 5,000 1,950 5,000 5,000 0.00% Plumbing Permits 101 - 3253 -000 9,984 10,232 8,000 4,547 10,000 10,000 25.00% Mechanical Permits 101- 3254 -000 18,364 14,601 20,000 6,105 17,000 17,000 (15.00 %) Septic Plumbing Permit 101- 3255 -000 3,260 3,850 3,000 1,285 4,000 4,000 33.33% Septic System Permit 101 - 3256 -000 3,200 3,850 3,000 1,350 4,000 4,000 33.33% Fence Permit 101- 3259 -000 1,560 1,500 2,000 850 1,500 1,500 (25.00 %) Dog _ License 101- 3260 -000 1,680 1,499 1,500 1,187 1,500 1,500 0.00% Sign Permit 101 - 3262 -000 2,346 1,463 1,500 585 1,500 1,500 0.00% Road Overweight Permit 101- 3263 -000 120 100 1,000- 60 500 500 (50.00 %) Underground Utility Permit 101- 3264 -000 400 1,050 1,000- 450 1,000 1,000 0.00% Miscellaneous Permits 101- 3266 -000 1,060 1,365 2,000 725 1,500 1,500 (25.00 %) 238,600 235,184 333,000 114,609 267,500 267,500 (19.67 %) Charges for Services Land Use Fee 101- 3265 -000 2,015 1,400 1,500 470 1,500 1,500 0.00% Sale of Supplies 101- 3404 -000 127 11 100 548 100 100 0.00% Assessment Searches 101 - 3405 -000 360 480 300 680 500 500 66.67% Election Filing Fees 101 - 3409 -000 0 40 0 0 0 0 "' Return Check Fee 101- 3413 -000 30 90 0 0 0 0 Materials for Resale 101- 3416 -000 0 0 0 888 0 0 "' Aerial Map Fee 101- 3417 -000 0 90 3,000 10,530 5,000 5,000 66.67% Public Works Fees 101- 3433 -000 2.859 3,292 3,000 1,357 3,000 3,000 0.00% Other Recreation Fees 101- 3472 -000 0 0 0 0 0 10,000 "' 5,391 5,403 7,900 14,473 10,100 20,100 27.85% Public Safety Police Reports 101- 3420 -000 1,482 1,487 1,500 905 1,500 1,500 0.00% Police Other Revenues 101 -3422 -000 279,220 290,821 220,000 57,974 150,000 150,000 (31.82 %) Common Space Revenues 101 - 3423 -000 15,402 14,500 15,000 0 14,000 14,000 (6.67 %) 296,104 306,808 236,500 58,879 165,500 165,500 (30.02 %) Municipal Fines Fines & Forfeits 101- 3510 -000 109,286 99,542 110,000 50,260 110,000 110,000 0.00% ACE Fees 101- 3511 -000 17,917 54,478 25;000 22,202 30,000 30,000 20.00% 127,203 154,020 135,000 72,462 140,000 140,000 3.70% Investments Interest on Investments t01- 3620 -000 45,811 54,390 40,000 0 40,000 40,000 0.00% 45,81-1 54,390 40,000 0 40,000 40,000 0.00% CITY OF LINO LAKES 2013 PROPOSED GENERAL FUND REVENUE Staff Council Account Actual Actual Budget YTD Proposed Adopted Increase/ Number 2010 2011 2012 2012 2013 2013 Decrease Administrative Charges Administrative Charge - Bonds 101- 3490 -000 0 0 0 0 0 0 Investment Management Charge 101- 3494 -000 50,000 50,000 50,000 0 50,000 50,000 0.00% Administrative Charge - Escrows 101- 3493 -000 0 0 0 0 0 0 "" Administrative Charge - TIF 101- 3491 -000 0 0 0 0 0 0 Engineering /Planning Charges 101- 3492 -000 14,148 5,048 8,000 5,692 8,000 8,000 0.00% 64,148 55,048 58,000 5,692 58,000 58,000 0.00% Miscellaneous Use of Fund Reserves Transfer From Other Funds Circle Pines Gas Franchise Other Solid Waste SAC /Surcharge Fee Building Rentals Gambling Ordinance Funding Donations Other Grants (Non -govt) Refunds & Reimbursements Tree Refunds - Escrows Cable TV Miscellaneous Revenue Sale of Fixed Assets 0 -0 268,183 0 445,369 131,566 (50.94 %) 101- 3920 -000 0 0 0 0 0 0 "' 101- 3350 -000 93,991 91,203 110,000 786 90,000 0 (100.00 %) 101- 3361 -000 4,153 4,392 4,000- 2,902 4,000 4,000 0.00% 101- 3414 -000 977 1,178 1,000 338 1,000 1,000 0.00% 101- 3640 -000 0 0 0 0 0 0 "" 101 - 3710 -000 0 0 0 0 0 0 "' 101 - 3720 -000 176 250 5,000 2,100 5,000 5,000 0.00% 101 - 3725 -000 0 0 0 0 0 0 "` 101- 3730 -000 26.841 33,186 20,000 25,668 25,000 25,000 25.00% 101- 3631 -000 0 0 0 0 0 0 *" 101 -3630 -000 56,934 57,915 48,750 48,824 37,500 37,500 (23.08 %) 101- 3810 -000 1,741 607 1,000 1,025 1,000 1,000 0.00% 101- 3910 -000 0 0 0 0 0 0 "` 184,813 188,731 457;933- 81,643 608,869 205,066 (55.22 %) Total Revenues 9,233,492 9,19-1,952 9,167,602 3,619,044 9,162,438 8,768,635 (4.35 %) 9,162,438 R-4 CITY OF LINO LAKES 2013 GENERAL FUND BUDGET PROPOSED EXPENDITURES Staff Council Actual Actual Budget YTD Requested Preliminary Adopted Increase/ DEPT# DESCRIPTION 2010 2011 2012 2012 2013 2013 2013 Decrease ADMINISTRATION 401 MAYOR AND COUNCIL 89,055 71,610 85,818 17,547 85,851 80,851 0 (5.79 %) 402 ADMINISTRATION 352,414 466,007 396,391 118,204 377,052 377,052 0 (4.88 %) 403 ELECTIONS 19,213 7,953 23,145 201 10,125 13,125 0 (43.29 %) 404 CABLE TV 1,639 2,154 2,715 473 2,717 2,717 0 0.07% 405 CHARTER ADMINISTRATION 1,475 1,500 1,500 303 1,500 1,500 0 0.00% 406 SENIORS (merged to RECREATION) 35,527 0 0 0 0 0 0 "' 407 FINANCE 472,964 498,416 511,972 141,697 517,562 517,562 0 1.09% 414 LEGAL CONSULTANTS 170,206 171,875 140,000 43,178 140,000 140,000 0 _ 0.00% TOTAL ADMINISTRATION 1,142,493 1,219,515 1,161,541 321,603 1,134,807 1,132,807 0 (2.47 %) COMMUNITY DEVELOPMENT 415 ECONOMIC DEVELOPMENT 132,567 142,207 135,058 38,438 145,969 145,969 0 8.08% 416 PLANNING AND ZONING 240,065 202,638 135,738 42,604 122,656 122,656 0 (9.64 %) 417 ENGINEERING 174,470 113,186 114,900 22,032 106,400 106,400 0 (7.40 %) 418 COMMUNITY DEVELOPMENT 230,259 227,807 199,653 62,281 201,352 201,352 0 0.85% 461 ENVIRONMENTAL 88,339 61,250 61,925 13,823 61,670 61,670 0 (0.41 %) 462 SOLID WASTE ABATEMENT 34,548 37,343 35,476 13,252 36,034 36,034 0 1.57% 463 FORESTRY 54,327 57,780 45,442 18,611 46,001 46,001 0 1.23% TOTAL COMMUNITY DEVELOPMENT 954,575 842,211 728,192 21 -1,041 720,082 720,082 0 (1.11 %) PUBLIC SAFETY 420 POLICE PROTECTION 3,105,167 3,063,369 3,133,593 1,004,275 3,070,522 3,070,522 0 (2.01 %) 421 FIRE PROTECTION 516,044 525,842 542,778- 271,390 533,672 533,672 (0) (1.68 %) 422 BUILDING INSPECTIONS 184,784 208,597 212,124 62,995 209,130 209,130 0 (1.41 %) TOTAL PUBLIC SAFETY 3,805,995 3,797,808 3,888,495 1,338,660 3,813,324 3,813,324 (0) (1.93 %) PUBLIC SERVICES 430 STREETS 925,611 931,251 929,105 238,300 941,969 941,969 0 1.38% 431 FLEET MANAGEMENT 358,914 393,042 379,234 134,425 378,662 358,662 0 (5.42 %) 432 GOVERNMENT BUILDINGS 408,920 429,555 402,255 165,099 389,554 389,554 0 (3.16 %) 450 PARKS DEPARTMENT 511,829 575,003 573,350 170,431 578,631 554,578 0 (3.27 %) 451 RECREATION 273,633 277,715 288,180 84,419 290,409 290,409 0 _ 0.77% TOTAL PUBLIC SERVICES 2,478,907 2,606,566 2,572,124 792,674 2,579,225 2,535,172 0 (1.44 %) OTHERS 499 CONTINGENCY/TRANSFERS /OTHERS 612,698 741,964 817,250 742,250 915,000 567,250 (0) (30.59 %) TOTAL OTHERS 612,698 741,964 817,250 742,250 915,000 567,250 (0) (30.59 %) TOTAL GENERAL FUND EXPENDITURES 8,994,668 9,208,064 9,167,602 3,406,228 9,162,438 8,768,635 0 (4.35 %) Budget Gap Options 8/21/2012 Total Budget Gap Add Voting Equipment -f\ k1 `fig Revised Total Gap to Maintain 2012 Levy $ 535,369 3,000 (,'t vC'iu_€.L IZ $ 538,369 $ 538,369 Budget Reductions /Adjustments Move applicable fleet fuel /maint costs to Utilities 20,000 Move 30% of Sandie's cost to Utilities 24,053 Delay PW Fleet Capital Equipment Replacement 250,000 Reduce Capital Equipment Replacement - Police & Fire 75,000 Maintain 2012 Street Maintenance Effort 22,750 Strategic Planning Consultant 5,000 increase Recreation Registration Fees 10,000 (406,803) Fund Surplus Use Available Accum Fund Surplus 244,000 (131,566) Total Reductions (538,369) Remaining Gap Amount Identified by Council Difference over Budget Gap 550,000 $ 11,631 Other Options to Further Reduce Budget Staff Adjustments Phased Retirement - Economic Dev Coordinator 45,600 Increase Economic Dev Professional Services (10,000) Reduce 1 General Maintenance Worker 68,000 Increase PW Seasonal (15,000) Reduce 1/2 Bldg Inspector 39,758 Add Seasonal /Pooled Inspector - est 700 hours (25,000) Phased Retirement - Mechanic (Hire Replacement) 4,000 Est Unemployment Comp (28,370) 78,988 Program Reductions Recreation Program 205,203 Est Unemployment Comp (29,496) 175,707 Fund Surplus Remainder of Available Accum Fund Surplus 112,434 Total Other Options to Reduce Budget $ 367,129 City of Lino Lakes 2013 Capital Equipment Replacement Department Description Amount Police (3) Squad Cars & Equipment $108,000 Fire Fleet Capital Equipment 60,250 Total Fleet Total Equipment Levy 0 $168,250 0 Capital Equipment Fund 0 Certificates to be issued $168,250 City of Lino Lakes 2013 Capital Equipment Replacement Future Levy Impact: 2012 Certificates -1% Total w /5°,% Principal Interest Total Overlevy Balance 2012 Certificates Issued 168,250 2013 54,000 3,225 57,225 60,086 114,250 2014 56,750 1,143 57,893 60,787 57,500 2015 57,500 575 58,075 60,979 0 Totals 168,250 4,942 173,192 181,852 CITY OF LINO LAKES 2013 PROPOSED GENERAL FUND REVENUE Staff Council Account Actual Actual Budget YTD Proposed Adopted Increase/ Number 2010 2011 2012 2012 2013 2013 Decrease Property Taxes General Property Tax 101 -3010 -000 6,359,330 6,326,947 7,192,818 3,120,000 7,202,169 7,202,169 0.13% Delinquent taxes 101- 3020 -000 118,947 193,773 140,000 0 140,000 140,000 0.00% Delinquent taxes - Tax Abatements 101- 3025 -000 652 682 0 0 0 0 Manufactured Home Tax 101- 3030 -000 0 0 0 0 0 0 Fiscal Disparities 101- 3040 -000 963,968 977,707 0 0 0 0 Fiscal Disparities - Tax Abatements 101- 3045 -000 0 0 0 0 0 0 Excess Tax Increments 101- 3050 -000 123,202 0 0 0 0 0 Tax Abatements 101 - 3055 -000 0 0 0 0 0 0 Tax Forfeits 101- 3060 -000 0 0 0 0 0 0 Penalties & Interest 101- 3150 -000 8,957 20,636 10,000 0 15,000 15,000 7,575,056 7,519,745 7,342,818 3,120,000 7,357,169 7,357,169 0.20% Special Assessments Current Assessments 101- 3110 -000 1,215 1,177 0 0 0 0 1,215 1,177 0 0 0 Intergovernmental Revenue Federal COP Grant 101- 3315 -000 0 0 0 0 0 0 "' Other Federal Revenue 101- 3319 -000 15,674 0 0 0 0 0 '" Local Government Aid 101- 3340 -000 0 0 0 0 0 0 "' Market Value Homestead Credit 101- 3341 -000 3,907 3,405 0 0 0 0 "' Municipal State Aid 101- 3345 -000 184,652 198,292 200,000 109,237 200,000 200,000 0.00% Police State Aid 101- 3346 -000 181,398 164,305 185,000 0 165,000 165,000 (10.81 %) Other State Revenue 101- 3348 -000 186,356 183,722 54,051 0 35,000 35,000 (3525 %) Anoka County Solid Waste 101- 3360 -000 33,641 32,276 35,000 0 35,000 35,000 0.00% Anoka County Special Detail 101- 3364 -000 0 4,000 0 0 0 0 "' Liveable Communities Grant 101- 3370 -000 0 0 0 0 0 0 *" 605,628 586,000 474,051 109,237 435,000 435,000 (8.24 %) Business Licenses and-Permits Liquor License - Bar 101- 3201 -000 19,976 13,500 14,500 13,500 13,500 13,500 (6.90 %) Liquor License --Beer 101 - 3202 -000 600 0 1,000 -200 600 600 (40.00 %) Off -Sale Liquor 101 - 3203 -000 1,700 1,283 1,500 1,200 1,200 1,200 (20.00 %) Sunday Liquor License 101=320400 1,600 800 1,500 800 1,000 1,000 (33.33 %) Club Liquor License 101- 3205 -000 300 300 300 300 300 300 0.00% Beer Permit 101 - 3206 -000 0_ 200 -100 0 100 100 0.00% Investigation Fee 101 -3208 -000 3,000 250 -0 0 0 0 "' Garbage Removal License 101- 3209 -000 1,585 1,155 1,800 0 1,500 1,500 (16.67 %) Temporary Consumption Permit 101 -3210 -000 350 310 200 200 200 200 0.00% Cigarette License 101 - 3211 -000 450 400 500 550 500 500 0.00% Contractor's License 101- 3213 -000 10,380 9,372 15,000 4,680 10,000 10,000 (33.33 %) Rental Housing License 101- 3215 -000 3,575 4,578 3,500 2,475 4,000 4,000 14.29% Kennel License 101- 3218 -000 0 0 0 0 0 0 "' Dance 101- 3219 -000 235 235 300 35 300 300 0.00% Fireworks License 101- 3220 -000 0 100 200 100 100 100 (50.00 %) Peddlers License 101- 3223 -000 750 0 1,000 500 1,000 1,000 0.00% Gambling Tax 101- 3224 -000 604 718 1,000 404 1,000 1,000 0.00% Lodging Tax 101- 3225 -000 44,418 52,245 40,000 17,105 45,000 45,000 12.50% 89,523 85,446 82,400 42,049 80,300 80,300 (2.55 %) CITY OF LINO LAKES 2013 PROPOSED GENERAL FUND REVENUE Staff Council Account Actual Actual Budget YTD Proposed Adopted Increase/ Number 2010 2011 2012 2012 2013 2013 Decrease Non - Business Licenses and Permits Building Permits 101 - 3250 -000 130,663 126,839 205,000 61,396 150,000 150,000 (26.83 %) Plan Inspection Fees 101- 3251 -000 61,313 63,735 80,000 34,119 70,000 70,000 (12.50 %) Erosion Control Permits 101- 3252 -000 4,650 5,100 5,000 1,950 5,000 5,000 0.00% Plumbing Permits 101- 3253 -000 9,984 10,232 8,000 4,547 10,000 10,000 25.00% Mechanical Permits 101 - 3254 -000 18,364 14,601 20,000 6,105 17,000 17,000 (15.00 %) Septic Plumbing Permit 101- 3255 -000 3,260 3,850 3,000 1,285 4,000 4,000 33.33% Septic System Permit 101 - 3256 -000 3,200 3,850 3,000 1,350 4,000 4,000 33.33% Fence Permit 101- 3259 -000 1,560 1,500 2,000 850 1,500 1,500 (25.00 %) Dog License 101- 3260 -000 1,680 1,499 1,500 1,187 1,500 1,500 0.00% Sign Permit 101- 3262 -000 2,346 1,463 1,500 585 1,500 1,500 0.00% Road Overweight Permit 101- 3263- 000 120 100 1,000 60 500 500 (50.00 %) Underground Utility Permit 101 -3264 -000 400 1,050 1,000 450 1,000 1,000 0.00% Miscellaneous Permits 101 -3266 -000 1,060 1,365 2,000 725 1,500 1,500- (25.00 %) 238,600 235,184 333,000 114,609 267,500 267,500 (19.67 %) Charges for Services Land Use Fee 101 - 3265 -000 2,015 1,400 1,500 470 1,500 1,500 0.00% Sale of Supplies 101- 3404 -000 127 11 100 548 100 100 0.00% Assessment Searches 101 - 3405 -000 360 480 300 680 500 500 66.67% Election Filing Fees 101- 3409 -000 0 40 0 0 0 0 "' Return Check Fee 101- 3413 -000 30 90 0 0 0 0 Materials for Resale 101 -3416 -000 0 0 0 888 0 0 Aerial Map Fee 101 - 3417 -000 0 90 3,000 10,530 5,000 5,000 66.67% PublicWorks Fees 101 - 3433 -000 2,859 3,292 3,000 1,357 3,000 3,000 0.00% Other Recreation Fees 101 - 3472 -000 0 0 0 0 0 10,000 "' 5,391 5,403 7,900 14,473 10,100 20,100 27.85% Public Safety Police Reports 101- 3420 -000 1,482 1,487 1,500 905 1,500 1,500 0.00% Police Other Revenues 101 - 3422 -000 279,220 290,821 220,000 57,974 150,000 150,000 (31.82 %) Common Space Revenues 101 - 3423 -000 15,402 14,500 15,000 0 14,000 14,000 (6.67 %) 296,104 306,808 236,500 58,879 165,500 165,500 (30.02 %) Municipal Fines Fines & Forfeits 101 - 3510 -000 109,286 99,542 110,000 50,260 110,000 110,000 0.00% ACE Fees 101 - 3511 -000 17,917 -54,478 25,000 22,202 30,000 30,000 20.00% 127;203 154,020 135,000 72,462 140,000 140000 3-.70% Investments Interest on Investments 101- 3620 -000 45,811 - 54,390 40,000 0 40,000 40,000 0.00% 45,811 54,390 40,000 0 40,000 40.000 0.00% CITY OF LINO LAKES 2013 PROPOSED GENERAL FUND REVENUE Staff Council Account Actual Actual Budget YTD Proposed Adopted Increase/ Number 2010 2011 2012 2012 2013 2013 Decrease Administrative Charges Administrative Charge - Bonds 101- 3490 -000 0 0 0 0 0 0 "' Investment Management Charge 101- 3494 -000 50,000 50,000 50,000 0 50,000 50,000 0.00% Administrative Charge - Escrows 101 - 3493 -000 0 0 0 0 0 0 "' Administrative Charge - TIF 101- 3491 -000 0 0 0 0 0 0 "' Engineering /Planning Charges 101- 3492 -000 14,148 5,048 8,000 5,692 8,000 8,000 0.00% 64,148 55,048 58,000 5,692 58,000 58,000 0.00% Miscellaneous Use of Fund Reserves 0 0 268,183 0 445,369 131,566 (50.94 %) Transfer From Other Funds 101 - 3920 -000 0 0 0 0 0 0 "' Circle Pines Gas Franchise 101- 3350 -000 93,991 91,203 110,000 786 90,000- 0 (100.00 %) Other Solid Waste 101- 3361 -000 4,153 4,392 4,000 2,902 4,000 4,000 0.00% SAC /Surcharge Fee 101- 3414 -000 977 1,178 1,000 338 1,000 1,000 0.00% Building Rentals 101- 3640 -000 0 0 0 0 0 0 "' Gambling Ordinance Funding 101- 3710 -000 0 0 0 0 0 0 "' Donations 101- 3720 -000 176 250 5,000 2,100 5,000 5,000 0.00% Other Grants (Non -govt) 101- 3725 -000 0 0 0 0 0 0 "' Refunds & Reimbursements 101 - 3730 -000 26,841 33,186 20,000 25,668 25,000 25,000 25.00% Tree Refunds - Escrows 101- 3631 -000 0 0 0 0 0 0 Cable TV 101- 3630 -000 56,934 57,915 48,750 48,824 37,500 37,500 (23.08 %) Miscellaneous Revenue 101 - 3810 -000 1,741 607 1,000 1,025 1,000 1,000 0.00% Sale of Fixed Assets 101- 3910 -000 0 0 0 0 0 0 184,813 188,731 457,933 81,643 608,869 205,066 (55.22 %) Total Revenues 9,233,492 9,t91,952 9,167,602 3,619,044 9,162,438 8,768,635 (4.35 %) 9,162,438 DEPT# DESCRIPTION CITY OF LINO LAKES 2013 GENERAL FUND BUDGET PROPOSED EXPENDITURES Staff Council Actual Actual Budget YTD Requested Preliminary Adopted Increase/ 2010 2011 2012 2012 2013 2013 2013 Decrease ADMINISTRATION 401 MAYOR AND COUNCIL 89,055 71,610 85,818 17,547 85,851 80,851 0 (5.79 %) 402 ADMINISTRATION 352,414 466,007 396,391 118,204 377,052 377,052 0 (4.88 %) 403 ELECTIONS 19,213 7,953 23,145 201 10,125 13,125 0 (43.29 %) 404 CABLE TV 1,639 2,154 2,715 473 2,717 2,717 0 0.07% 405 CHARTER ADMINISTRATION 1,475 1,500 1,500 303 1,500 1,500 0 0.00% 406 SENIORS (merged to RECREATION) 35,527 0 0 0 0 0 0 "' 407 FINANCE 472,964 498,416 511,972 141,697 517,562 517,562 0 1.09% 414 LEGAL CONSULTANTS 170,206 171,875 140,000 43,178 140,000 140,000 0 0.00% TOTAL ADMINISTRATION 1,142,493 1,219,515 1,161,541 321,603 1,134,807 1,132,807 0 (2.47 %) COMMUNITY DEVELOPMENT 415 ECONOMIC DEVELOPMENT 132,567 142,207 135,058 38,438 145,969 145,969 0 8.08% 416 PLANNING AND ZONING 240,065 202,638 135,738 42,604 122,656 122,656 0 (9.64 %) 417 ENGINEERING 174,470 113,186 114,900 22,032 106,400 106,400 0 (7.40 %) 418 COMMUNITY DEVELOPMENT 230,259 227,807 199,653 62,281 201,352 201,352 0 0:85% 461 ENVIRONMENTAL 88,339 61,250 61,925 13,823 61,670 61,670 0 (0.41 %) 462 SOLID WASTE ABATEMENT 34,548 37,343 35,476 13,252 36,034 36,034 0 1.57% 463 FORESTRY 54,327 57,780 45,442 18,611 46,001 46,001 0 1.23% TOTAL COMMUNITY DEVELOPMENT 954,575 842,211 728,192 211,041 720,082 720,082 0 (1.11 %) PUBLIC SAFETY 420 POLICE PROTECTION 3,105,167 3,063,369 3,133,593 1,004,275 3,070,522 3,070,522 0 (2.01 %) 421 FIRE PROTECTION 516,044 525,842 542,778 271,390 533,672 533,672 (0) (1.68 %) 422 BUILDING INSPECTIONS 184,784 208,597 212,124 62,995 209,130 209,130 0 (1.41 %) TOTAL PUBLIC SAFETY 3,805,995 3,797,808 3,888,495 1,338,660 3,813,324 3,813,324 (0) (1.93 %) PUBLIC SERVICES 430 STREETS 925,611 931,251 929,105 238,300 941,969 941,969 0 1_38% 431 FLEET MANAGEMENT 358,914 393,042 379,234 134,425 378,662 358,662 0 (5.42 %) 432 GOVERNMENT BUILDINGS 408,920 429,555 402,255 165,099 389,554 389,554 0 (3.16 %) 450 PARKS DEPARTMENT 511,829 575,003 573,350 170,431 578,631 554,578 0 (3.27 %) 451 RECREATION 273,633 277,715 288,180 84,419 290,409 290,409 0 0.77% TOTAL PUBLIC SERVICES 2,478,907 2,606,566 2,572,124 792,674 2,579,225 2,535,172 0 (1.44 %) OTHERS 499 CONTINGENCY/TRANSFERS /OTHERS 612,698 741,964- 817,250 742,250 915,000 567,250 (0) (30 59 %) TOTAL OTHERS 612,698 741,964 817,250 742,250 915,000 567,250 (0) (30.59 %) TOTAL GENERAL FUND EXPENDITURES 8,994,668 9,208,064 9,167,602 3,406,228 9,162,438 8,768,635 0 435% T)1 5 -r4-bd Wk . ss(,vt /y 1/2_ CITY OF LINO LAKES RESOLUTION NO. 12- ESTABLISHING A CARTWAY — OAK BROOK PENINSULA WHEREAS, Petitioner Adam C. Johnson petitioned for a cartway pursuant to Minnesota Statutes section 435.37; and WHEREAS, the Council passed Resolution 12 -29 calling for a hearing on the Petition, which hearing took place on July 9, 2012; and WHEREAS, the Council received evidence offered by Petitioner and the affected landowners and has adhered to the statutory requirements for establishing a cartway. NOW, THEREFORE, BE IT RESOLVED that, based upon the evidence in the record, the Council makes the following findings of fact and conclusions: Findings of Fact 1. All affected landowners were served with the Petition, which was also posted at City Hall. 2. Petitioner resides at 2055 Otter Lake Drive in Lino Lakes. 3. Petitioner owns a tract of land containing at least five acres, the legal - description of which is attached hereto as Exhibit A ( "the Land "). 4. The Land is abutted on the west by a channel leading to Otter Lake and on all other sides by lands not owned by Petitioner. a. The channel is man -made and was constructed to provide boat access to Otter Lake from a number of parcels, including Petitioner's residence. The channel separates Petitioner's residence from the Land. b. According to Anoka County GIS, the channel is approximately 25 -30 feet wide where it runs between Petitioner's two parcels. c. The existing private bridge over the channel was built instead of a culvert for the express purpose of allowing boat access to Otter Lake via the channel. d. The channel's depth varies from year to year, but it was designed to be navigable and was in fact previously navigated by boat. 5. An existing private drive extends from the eastern terminus of Otter Lake Drive along the entire southern boundary of the Land. The private drive is Outlot A of Oak Brook Peninsula and is owned by the Oak Brook Peninsula Homeowners Association (the_ "HOA "). 6. The private drive can serve as the cartway for purposes of accessing the Land. 7. It is reasonable to utilize the full width of the existing paved drive for the cartway, beginning at the eastern terminus of Otter Lake Drive and extending eastward feet as measured down the centerline of the private drive. In addition, to provide reasonable access from the north edge of the existing paved drive north to the southern boundary of the Land, the cartway is to include a portion of Outlot A feet in width beginning at feet from the eastern terminus of Otter Lake Drive. A diagram and legal description of the cartway is attached hereto as Exhibit B. 8. The City has incurred costs and expenses in connection with these cartway proceedings. Petitioner escrowed $7,500 to cover the City's costs. 9. Petitioner intends to use the cartway for the following purposes: a. Occasionally accessing the Land with residential lawn maintenance equipment; and b. Occasionally accessing the Land with normal residential vehicles. 10. The Land is not to be used for commercial purposes or any other purpose contrary to City ordinances. 11. As the owner of Outlot A, the HOA will incur the following damages as a result of the creation of the cartway: a. Establishment of cartway on existing drive: $ 2 b. Establishment of the portion of the cartway to the north of the existing drive: $ 12. It is not appropriate for the City to maintain the cartway given its private usage. The cost of maintenance must be equitably divided between the HOA and Petitioner based on factors such as: a. Frequency of use. b. Type and weight of vehicles or equipment. c. Distance traveled on the cartway to Petitioner's property. 13. The City finds that: a. Petitioner's use will be sporadic and infrequent. The HOA members will continue to use the private drive as a residential street for access to their homes. b. Residential vehicles and lawn maintenance equipment will be utilized by Petitioner. The HOA members will cause typical residential traffic to occur on the private drive. c. The distance traveled over Outlot A for the cartway is less than half the distance of the existing private drive. 14. Maintenance costs of $ per year to be paid by Petitioner to the HOA are reasonable in light of the existing condition and use of the private drive and the expected use by the respective Parties. Conclusions 1. Petitioner owns a tract of land containing at least five acres that is accessible only by a water channel or over the lands of others. 2. The channel is a navigable waterway. 3. Because of its size, there is no practicable access across the channel in the absence of a bridge. 3 4. Petitioner has met the statutory requirements for establishing a cartway in order to obtain access to the Land. 5. Utilizing the existing private drive along Outlot A as the cartway is the least damaging and disruptive location for the cartway. It would be unreasonable and more disruptive to require another bridge to be built over the channel between Petitioner's two parcels. 6. The cartway shall be the full width of the existing drive, plus an area to the north of the drive for access to the Land, as further described in Exhibit B. 7. All costs incurred by the City shall be deducted from Petitioner's escrow and the remainder returned to Petitioner. 8. It is not in the public's interest to expend City funds on the cartway, either for initial construction or ongoing maintenance. 9. Pursuant to Minnesota Statutes section 435.37, subdivision 1(c), Petitioner shall pay the City $ in damages for the establishment of the cartway. Said damages shall be forwarded to the HOA. 10. Pursuant to Minnesota Statutes section 435.37, subdivisions 1(d) and 2, all costs of construction and maintenance of the small access area between the north edge of the existing private drive and the south_boundary of the Land, as illustrated in Exhibit B, shall be the sole responsibility of Petitioner. 11. Pursuant to Minnesota Statutes section 435.57, subdivision 2, Petitioner shall pay the HOA $ per year for maintenance costs-directly related to maintenance of the existing private drive to the extent it serves as the cartway, as shown on Exhibit B. Said payments shall be paid on or before January 1St of each year, beginning January 1, 2013. The remainder of the existing private drive shall continue to be maintained by the HOA at its sole cost. 4 Adopted by the Council of the City of Lino Lakes this day of September, 2012. The motion for the adoption of the foregoing resolution was introduced by Council member and duly seconded by Council Member and upon vote being taken, the following voted in favor: And the following voted against: ATTEST: Julianne Bartell, City Clerk 5 Jeff Reinert, Mayor