RES 82-007 RESOLUTION APPROVING ST. ANTHONY COURT ADDITION

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• assessments and for maintenance of the common areas and exteriors of the buildings. It is desirable to have the ' association, rather than the individual owners, responsible for exterior maintenance. c. DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS . (1) The Declaration is the document which creates the various easements in the common area (Lot 1, Block 5) . This will be recorded on the title to all of the property in the plat and will give each unit owner the necessary ease- ments for access, sewer, water, etc. Presumably, the City utility lines will run only to the common area and the lines within the common area will be owned and maintained by the association rather than the City. (2) The legal description is not attached to this document, but presumably it will include all lots in the plat. (3) Article II , Section 1 (c) and the sentence at the end of Section 1 of Article II provide that the association may dedicate or transfer all or any part of the common area to any public authority or utility, but that no such dedication or transfer shall be effected unless an instrument signed by two-thirds of each class of members has been recorded. For the City ' s protection, this should be permitted only with the City ' s approval . To cover this, the sentence could be amended to read as follows : No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedi- cation or transfer has been accepted by the public agency, authority, or utility in question and has been recorded. (4) Article VII provides that no exterior additions or alterations may be made without the approval of an Architectural Committee composed of the 'Board of Directors. This is a desirable pro- vision in order to retain uniformity of exterior design and appearance. (5) As indicated above, the association; rather than the individual owners , is responsible for -4-