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Cardinal Ridge Homeowners’ Association <br /> <br /> LakeElmoCardinalRidgeHOA@gmail.com <br /> <br /> <br /> <br />Cardinal Ridge HOA <br />LakeElmoCardinalRidgeHOA@gmail.com <br />Tuesday, March 14, 2023 <br /> <br />Lake Elmo City Council: <br />Mayor Charles Cadenhead <br />Councilwoman Lisa McGinn <br />Councilman Jeff Holtz <br />Councilwoman Katrina Beckstrom <br />Councilman Matt Hirn <br />3800 Laverne Avenue North <br />Lake Elmo, Minnesota 55042 <br /> <br />CC: City Administrator, City Engineer, City Attorney, FOCUS Engineering, and other interested parties <br />Dear Mayor Cadenhead and members of the Lake Elmo City Council, and all other interested <br />parties: <br />On September 1st, 2022, the Cardinal Ridge Homeowners’ Association (“HOA”), after very careful <br />consideration, declined to grant the City of Lake Elmo an easement across an outlot in our community <br />(“Outlot C”). This easement was requested because the Parkview-Cardinal Neighborhood Street and Utility <br />Improvement project had planned, in its design of the project, to cut across Outlot C to service three homes <br />on the east side of Ivy Avenue. The easement was not requested until August 16th, 2022, despite knowledge <br />that the easement would be necessary to complete the project as designed. Outlot C is governed by a <br />conservation easement granted to the City of Lake Elmo. <br />For the following reasons, the request for the easement was denied: <br />1. The Protective Covenants and Easements that run with and bind all properties within Cardinal Ridge <br />do not allow the Board to grant such an easement without “an affirmative vote of two-thirds <br />(2/3rds) majority of all the owners of said lots at a special meeting called for that purpose…” The <br />proposed Easement grants the City permanent control over the parcel to the degree necessary to <br />maintain the infrastructure. All other issues aside, the HOA cannot in good faith consent to such a <br />request without adhering to proper procedure. <br />2. It appears that the City’s plan for installing water across Outlot C runs afoul of the spirit and letter of <br />the OPEN SPACE EASEMENT CARDINAL RIDGE already granted to the City of Lake Elmo. <br />See Paragraph 1 of the OPEN SPACE EASEMENT. The HOA has an affirmative duty to uphold <br />this agreement. See Paragraph 11.B of the Protective Covenants and Easements. See Article 23 of the <br />Protective Covenants and Easements. <br />3. The OPEN SPACE EASEMENT specifically prohibits installation of new utilities, including water, <br />in Outlot C, unless prior approval is granted by the City. The HOA has made no such request, and <br />any such request, if the HOA were to make it, would need to adhere to regular procedural