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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 />requirements such as notice and presentation to the City Council. See Paragraph 6 of the OPEN <br />SPACE EASEMENT. <br />4. The OPEN SPACE EASEMENT also specifically states that “the owner shall not remove, destroy, <br />cut, mow, or alter trees, shrubs, and other vegetation…” except as allowed in Paragraph 5, Paragraph <br />7, or otherwise specified in the agreement. As the OPEN SPACE EASEMENT both specifically <br />prohibits the HOA or individual owners from installing water, and further specifically prohibits the <br />destruction of trees on the common property, it is clear that the very purpose and intent of the <br />OPEN SPACE EASEMENT is to prevent disturbances to the open space exactly like the <br />disturbance proposed by the City. <br />5. The proposed Easement grants the City permanent control over the parcel to the degree necessary to <br />maintain the infrastructure, in exchange for “just compensation.” No compensation has been <br />offered. <br /> <br />If the HOA grants the City of Lake Elmo an easement over Outlot C to complete the construction, three <br />trenches will be dug across Outlot C and each will be, at minimum, 20 feet wide. Many of our large, mature <br />trees will be lost, and will not be able to be replanted due to the nature of the utilities that will now be buried <br />there, aside from the fact that no replacement of trees was budgeted for in the construction. This results in a <br />significant loss of privacy to the residents who live to the east and west of Outlot C, as well as loss of <br />enjoyment of one of our open spaces which we have maintained since our development’s inception. <br />During a neighborhood Zoom meeting with Mr. Griffin of FOCUS Engineering, Mr. Griffin indicated that <br />additional funding has already been secured from the MPCA to assist in unforeseen costs associated with this <br />project. These additional funds will not, however, be sufficient to fund an alternative to cutting across Outlot <br />C, thereby effectively destroying the conservation nature of the OPEN SPACE EASEMENT. Mr. Griffin <br />indicated that he did not seek additional funds to pay for such an alternative because he did not think that the <br />MPCA would fund them. Mr. Griffin further indicated that if the proposed easement across Outlot C is not <br />granted, and the residents on the east side of Ivy wished to be included in the water service, all residents of <br />our HOA would be assessed close to $10,000 to pay for an alternative design. <br />Respectfully, it seems that our residents are being penalized for a lack of foresight that was completely outside <br />their control. The easement across Outlot C was a necessary component of the project from the very <br />beginning, but was not obtained before the project was approved in 2021, was not obtained as part of the <br />feasibility report, and in fact, the easement across Outlot C was not even requested until nearly the end of the <br />construction season last year. This is not our residents’ failure or mistake, and they ought not be penalized for <br />it. Instead, funding to address this lack of foresight should be obtained from the MPCA or from the City’s <br />general fund. Our residents, after a Special Meeting and vote, are unanimously requesting that the City of <br />Lake Elmo authorize Mr. Griffin to seek an additional amendment to the MPCA grant for funds to complete