2002-04-01 Legal Review of Declarations
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*Aw licmst!d in 1llinois
COURl & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO &x 369
St. Michael, MN 55376-()369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
Michael C. Couri.
Andrew J. MaeArthur
Roben T. Ruppe..
David R. Wendoif
.. AW licmstJd in CAliPmitJ
April 1, 2002
Mr. J. Patrick Brinkman
Felhaber Larson Fenlon & Vogt
601 2nd Avenue South, Suite 4200
Minneapolis, MN 55402-4302
Re: City of Albertville; Town Lakes Declaration of Covenants.
Dear Mr. Brinkman:
I have reviewed the Towne Lakes association declarations against the Towne
Lakes Developer's Agreement for consistency. I apologize for taking so long in getting
this review completed. As I'm sure you are aware, it has been a very detailed and time-
. .
consummg reVIew.
In conducting this review, I agree with your suspicion that the Outlots are not
correctly dealt with in the Developer's Agreement. It seems that the fmal plat as
approved by the City Council seems to have been amended at the last instance to pick up
a small parcel of land on the far southern portion of the plat. I was not aware of this
change. Unfortunately this parcel was labeled Outlot A, which caused all of the former
Outlots to be moved back a letter. Because the Developer's Agreement designated each
outlot for specific treatment, that change in designation at fmal plat will now require the
Developer's Agreement to be amended to reassign the Outlots as originally contemplated.
The Developer's Agreement also needs to be amended to reflect the change of a portion
of Outlot C to Lot 1, Block 5. I have enclosed a draft amendment to the Developer's
Agreement for your consideration.
Listed below are my comments on the association documents. Please note that
many of the items relate to the Outlots identified above. The changes are as follows:
1. Neither the master declaration nor the sub declaration delineates setbacks
requirements. I don't believe that this is necessary to be included in the association
documents, but including these setbacks in these documents may make it more likely
that they will be properly adhered to in the future.
Ii_"
Mr. J. Patrick Brinkman
April 1, 2002
Page 2 of3
2. The Common Elements defmition (section 1.17) in the master declaration references
only Outlot F (via reference to Exhibit C). Exhibit C should be amended to include
Outlots B, D and F, and Lot 1, Block 5 (to be turned over to the Homeowners'
Association at such time as the sales office use expires).
3. The Common Elements defmition (section 1.10) in the sub declaration should also
reference the properties in the revised Exhibit C discussed above.
4. Section 10.1.5 of the sub declaration doesn't include the maintenance of all common
areas, all outlots, all trees along all boulevards, the swimming pool, the shoreline
conservation easement area, park recreational equipment, all piers, and all trails (in
addition to the dedicated parks) as specified in paragraph I.H. of the Developer's
Agreement. This section should be changed to include these items.
5. Paragraph 1.1. of the Developer's Agreement requires that sales literature be provided
for review by the City. This has not yet been done.
6. Section 8.4 of the master declaration must reference the design guidelines attached to
the Developer's Agreement and must require that all structures be constructed in
conformity with the general design guidelines attached as Exhibit H to the
Developer's Agreement. It may be best to attach Exhibit H directly to the master
declaration as an exhibit.
7. Section 8.5.2 permits auxiliary dwellings (assuming approval of the City, among
others). I don't believe that auxiliary dwellings are permitted under the Developer's
Agreement. I'm not sure that this section needs to be revised, but I thought this
should be noted.
8. The master declaration contains no provision requiring that landscaping on each lot
meet 2% of the combined cost of the building and lot (see Paragraph 1. V. of the
Developer's Agreement). This language may fit well in Section 8.5 master
declaration.
The City will also need a trail easement over Lot I, Block 5 (the sales office lot)
pursuant to paragraph 17.B.vii. Can you please have the legal description for that
easement forwarded to me? I will then put it in an easement form for signature. Thank
you.
Mr. 1. Patrick Brinkman
April 1,2002
Page 3 of3
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Michael C. Couri
Couri & MacArthur
Enclosure
Cc: ~da Goeb
Jay Liberacki