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Note that the restrictions listed here are merely representative and the full version will be made available by Oak Point Estates, LLP.
Article I: Definitions
Article II: Membership and Voting Rights in the Association
Article III: Operation of the Property
Article IV: Insurance
Article V: Protective Covenants
Section I: Construction
Section II: Temporary Structures
Section III: Mobile Homes/Travel Trailers
Section IV: Noxious Activity
Section V: Animals
Section VI: Refuse, Rubbish, Storage and Maintenance
Section VII: Environmental Regulations
Section VIII: Common Areas
Section IX: Fertilizers
Section X: Severability
Section XI: Enforcement
Section XII: Term
Article VI: Common Areas and Easements
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is made this ____ day of March, 2007, by Oak Point Estates, LLP, a Minnesota limited liability partnership with its principal office located at 5th & Michigan, P.O. Box 1105, Walker, MN 56484 (hereinafter ADeclarant).
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, and Outlot A, Plat of Oak Point Estates; and WHEREAS, the purpose and objectives of the Declarant is to establish and create certain protective covenants and restrictions affecting the lots located in Oak Point Estates (lots), and to provide for and administer the operation, management, maintenance and care of the common areas;
NOW, THEREFORE, Declarant declares that the Property is, and shall be, held, transferred, sold, conveyed and occupied, subject to this Declaration, the provisions of which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any party thereof, and their heirs, successors and assigns and shall inure to the benefit of each Member (as defined herein below) of Declarant.
ARTICLE I
DEFINITIONS
1.1 Articles shall mean and refer to the Articles of Incorporation of Oak Point Estates Association, Inc., a Minnesota nonprofit corporation.
1.2 Bylaws shall mean the bylaws of Oak Point Estates Association, Inc. and any amendments thereto.
1.3 Common Area A shall mean and refer to Outlot A, Plat of Oak Point Estates, an undivided 1/13th interest in which shall be owned by the owners of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 and 14, Plat of Oak Point Estates for the common use and enjoyment of the members, and to all improvements which may hereafter be located thereon and owned or otherwise held by the Association for the common use and enjoyment of said persons.
1.4 Common Area B shall mean and refer to Lot 10, Plat of Oak Point Estates, including the boardwalk situated thereon, and the dock and slips extending into Leech Lake from said boardwalk, an undivided 1/6th interest in which shall be owned by the owners of Lots 8, 9, 11, 12, 13 and 14, Plat of Oak Point Estates for the common use and enjoyment of the members owning said lots.
1.5 Declarant shall mean and refer to Oak Point Estates, LLP, its successors and assigns.
1.6 Declaration shall mean and refer to this Declaration of Covenants, Conditions, Restrictions and Easements and any amendments thereto.
1.7 Lot shall mean and refer to each of the thirteen (13) parcels having lot numbers 1 through 9 and 11 through 14, inclusive, together with that particular Slip allocated to each particular Lot as set forth within and pursuant to Paragraph 1.10 herein below.
1.8 Member shall mean and refer to any person meeting the qualifications for membership in the Declarant set forth in Article II hereinbelow and the Articles.
1.9 Property means Lots 1 through 14 inclusive and Outlot A, Plat of Oak Point Estates.
1.10 Slip shall mean one of the watercraft mooring slips in Common Area B. Each of six (6) Slips is for the exclusive use by the Member owning the Lot to which the Slip has been allocated. Slips may be sold, transferred, conveyed or leased only to another Member.
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ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
2.1 Membership. A Member of the Association shall be the person or persons, collectively, who own(s) the entire fee simple title to a Lot (or, if set forth in writing by such Member, the contract for deed purchaser(s) of such Lot). Membership in the Association shall be appurtenant to, and shall not be separated from, Lot ownership. No property right inheres in membership and memberships are not transferable except in connection with the conveyance or other transfer by a Member of the Member's Lot. In each such event, written notice of such conveyance or other transfer shall be given to the Secretary of the Association.
2.2 Voting Rights. Each Member shall be entitled to one (1) vote, such that only thirteen (13) votes may be cast, in the aggregate, by all Members. The exercise of a Member's right to vote is conditioned upon that Member being current in the payment of assessments, as required by section 3.2, at the time the vote is to be cast. All members are eligible to vote on issues related to Common Area A and owners of Lots 8, 9, 11, 12, 13 and 14 are eligible to vote on issues related to Common Area B
2.3 Majority. A majority of the votes entitled to be cast by the Members present in person or by proxy at a meeting of the membership at which a quorum is present (as defined in the Bylaws) shall be necessary for the adoption of any matter voted upon by the Members unless otherwise set forth in this Declaration, the Articles or Bylaws.
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ARTICLE III
OPERATION OF THE PROPERTY
3.1 Determination of Budget for Expenses and Fixing of Common Expense Liability.
a.The Board of Directors of the Association (Board) shall, at least ninety (90) days prior to the expiration of each fiscal year of the Association, adopt a budget of expenses for the Association for Common Area A. The Board shall allocate and assess such expenses (herein an Assessment) on a pro rata basis based upon ownership of the lots and common areas. Assessments shall include such amounts as the Board may deem proper for the operation and maintenance of the Common Area A including, without limitation, an amount for working capital of the Association, a general operating reserve, a reserve fund for replacements, repairs and modifications, any easement restoration, repairs or maintenance, and to satisfy any deficit in the expenses for any prior year. Assessments may also include such amounts as may be required for the payment of insurance, maintenance and other matters deemed reasonable to the use, administration and preservation of the Property. The budget for Common Area A shall contain a separate line item for reasonable maintenance and snow removal on Sunrise Beach Drive, performance of which shall be the obligation of the Association.
b.The owners of Lots 8, 9, 11, 12, 13 and 14, by vote of a majority, shall, at least ninety (90) days prior to the expiration of each fiscal year of the Association, adopt and certify to the Board a budget of expenses for Common Area B. Such expenses shall be allocated and assessed among the owners of Common Area B in the same manner as Common Area A expenses.
c.In addition to the annual Assessments authorized in subparagraph 4.1 (a) and (b), the Board may levy, from time to time, special one-time Assessments (a Special Assessment) applicable to one (1) calendar year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement on the Property; provided, however, that such Special Assessment shall have the consent of a majority of the Members. (A Special Assessment shall be treated as an Assessment for all purposes of this Declaration.)
d.The Board shall advise all Members promptly in writing of the amount of each Member's Assessment liability, respectively, and shall furnish copies of each budget on which such Assessments are based to all Members; provided, however, that failure of the Board to send such written notice shall not render such Assessment invalid.
e.The Association shall upon demand, for a reasonable administrative fee, at any time, furnish to any Member liable for said Assessment a certificate in writing signed by an officer of the Association setting forth whether such Assessment has been paid. Said certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid.
3.2 Payment of Assessments. All Members shall be obligated to pay the Assessment determined by the Board pursuant to the provisions of Paragraph 3.1 hereof in periodic installments as the Board shall determine. Separate individuals or entities comprising a Member shall be jointly and severally liable for each and every Assessment against such Member's Lot. Conveyance or other transfer of a Lot by a Member will not release such Member from such Member's personal obligation for unpaid Assessments due prior to the date of transfer.
3.3 Collection of Assessments. The Board shall impose Assessments against the Members from time to time as may be necessary, and at least annually. The Board shall collect such Assessments on a periodic basis as established by the Board and shall take prompt action to collect any Assessment due from any Member which remains unpaid for more than thirty (30) days from the due date for payment thereof.
a.If any Assessment is not paid by a Member on the date when due, then such Assessment shall become delinquent and shall, together with such interest thereon and costs of collection thereof, as hereinafter provided, thereupon become a continuing lien on such Member's Lot(s) which shall be enforceable in the manner hereinafter set forth. Such lien shall run in favor of the Association and shall be superior to all other liens and encumbrances on such Lot(s) except liens for general real estate taxes and special assessments levied by any governmental authority.
b.To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a written notice of lien setting forth the amount of the Assessments, the date due, the amount remaining unpaid, the name(s) of the Member(s) of the Lot(s) and a description of the Lot(s) and file the same for record in the office of the County Recorder (or, if applicable, the Registrar or Titles) for Cass County, Minnesota, but such notice of lien shall not be recorded until such Assessment has been wholly or partially unpaid for at least thirty (30) days from the due date. Such lien may be enforced and foreclosed either by foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Minnesota or by foreclosing the lien in the manner prescribed by Minnesota statutes for the foreclosure of a mechanic's lien. Each Member, by execution of this Declaration, does further hereby give full and complete power of sale to the Association and does consent to a foreclosure of the Assessment lien by advertisement. In the event of any such foreclosure, and in the further event that the Association shall prevail in any such foreclosure, the Member personally obligated to pay the same shall be required to pay all costs of foreclosure including, but not limited to, reasonable attorney fees. All such costs and expenses shall be further secured by the lien being foreclosed. The Member personally obligated to pay such lien shall also be required to pay the Association any Assessments against the Lot(s) which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the Lot(s) as the owner thereof. A release of the notice of lien shall be executed by an officer of the Association and recorded upon payment of all sums secured by such lien.
c.Any encumbrancer holding a lien on any Lot may pay, but shall not be required to pay, any amounts secured by the lien created and authorized by this Article and, upon payment of such sums, such encumbrancer shall be subrogated to all rights of the Association with respect to such lien, including, but not limited to, priority as to any other lien or interest in such Lot.
3.4 Liability of Grantor and Grantee for Unpaid Expenses. In the case of voluntary conveyance of a Lot, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments against the latter for expenses up to the time of the conveyance. Any such grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid Assessments against the grantor, and such grantee shall not be liable for Assessments in excess of the amount therein set forth. Nothing herein shall prejudice the grantee's right to recover from the grantor amounts paid by the grantee for said unpaid Assessments.
3.5 Default in Payment of Expenses. If any Member defaults in payments of any Assessment, such Member shall be obligated to pay interest at the highest rate permitted under Minnesota law from the due date thereof, together with all expenses, including reasonable attorney fees, incurred by the Association in any proceeding brought to collect any such unpaid Assessment. The Board shall have the right and duty to attempt to recover such Assessments, together with interest thereon, and the expenses brought against such Member, in the manner provided in this Article.
3.6 Statement of Expenses. The Board shall promptly provide any Member a written statement of all unpaid expenses due from such Member who has requested the same in writing.
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ARTICLE IV
INSURANCE
4.1Liability Insurance. The Association shall maintain comprehensive general liability insurance coverage covering the Property insuring the Association upon the following terms:
a.Coverage limits shall be in amounts generally required by private institutional mortgage investors for projects similar in construction, location and use as the Property of the Association. Coverage shall be for a minimum of One Million and No/100 Dollars ($1,000,000) for bodily injury, including deaths of persons, and property damage arising out of a single occurrence. Coverage under such policy shall include legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Property, legal liability arising out of lawsuits related to employment contracts of the Association and such other coverages as the Board may, from time to time, elect. Members shall be covered and named as additional insureds to such insurance.
b.Any policy under this Article must provide that it may not be cancelled or substantially modified by any party, without at least thirty (30) days prior written notice to the Members of the Association.
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ARTICLE V
PROTECTIVE COVENANTS
SECTION I
CONSTRUCTION
No dwelling shall consist of less than 1200 square feet of living space, exclusive of breeze-ways, open porches, garages or decks. The main structure shall be no less than 26 feet wide. The roof shall have minimum of a 6/12 pitch. Construction shall be of good quality and all residential structures shall be finished both inside and outside, excluding any basement. All structures constructed or placed upon any lot or tract shall be totally completed on the exterior thereof within 18 months after commencement of construction. Commencement of construction shall mean the date of setting of the footings or the date of actual excavation, whichever is earlier. All buildings must have an improved exterior facing, of earth tone color. All buildings must be constructed in a workmanlike manner and built on a foundation of stone, masonry block, poured concrete or treated wood. The exterior of the buildings shall be compatible with the area and all colors shall be in an earth tone.
Pole type-construction buildings are allowed provided they are finished with an improved exterior siding, of earth tone colors to match the siding of the home on the property.
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SECTION II
TEMPORARY STRUCTURES
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out buildings shall be used on this property at anytime as an owner's primary residence. However, such temporary structures may be permitted during the 18 month construction period provided in Section I above.
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SECTION III
MOBILE HOMES/TRAVEL TRAILERS
No mobile homes shall be permitted within the confines of this property, except recreational travel trailers properly licensed and used for travel routinely shall be permitted, but shall not be occupied as an owner's primary residence while located upon the premises, except during the period of construction as permitted pursuant to Section II above.
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SECTION IV
NOXIOUS ACTIVITY
No noxious or offensive trade or activity shall be carried on upon this property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
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SECTION V
ANIMALS
No animals, livestock or poultry of any kind shall be raised, bred, or kept on this property, except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for any commercial or business purpose. All pets, including cats or dogs, shall be under the control or leash of the owner at all times.
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SECTION VI
REFUSE, RUBBISH, STORAGE AND MAINTENANCE
No lot or tract shall be used or maintained as a dumping ground for rubbish, except for the temporary accumulation of building materials during construction of improvements and dwellings. The builder or owner shall promptly dispose of, or remove, all building materials in a timely fashion. Trash, garbage or other waste shall be kept only in sanitary containers designed for that purpose. All receptacles or other equipment used for the storage or disposal of rubbish shall be kept in a clean and sanitary condition. No permanent outside storage shall be permitted. No disabled or junked motor vehicles or the bodies, engines or other parts thereof shall placed or stored openly and visibly upon the premises. Each lot or tract shall at all times be maintained in a clean and sanitary condition, including the regular mowing of grass and the removal of leaves, weeds, rubbish and trash thereon and therefrom. The exterior appearance of all structures shall at all times be kept in good repair and appearance.
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SECTION VII
ENVIRONMENTAL REGULATIONS
Due to the delicate nature of the lake, all owners shall contact the Cass County Environmental Services Office before commencing with any shoreland alterations, excavation or building projects. All lands within 1,320 feet of the lake are subject to the rules and regulations of the Cass County Shoreland Ordinance.
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SECTION VIII
COMMON AREAS
Each of the buildable lots (1-9, 11-14) shall own an undivided 1/13th interest in Outlot A. Outlot A shall remain in its natural state, and no improvements may be made upon it without the unanimous consent of the owners of all 13 buildable lots.
Title to lots 8, 9, 11, 12, 13 and 14 shall include, as to each lot, an undivided 1/6th interest in lot 10, a common access lot which shall serve as the exclusive lake access for each of those lots. Owners of the six lots shall be jointly responsible for the maintenance and upkeep of lot 10, including the boardwalk over the wetlands, the dock and six boatslips.
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SECTION IX
FERTILIZERS
No phosphorus-content fertilizers shall be applied to the subject property within 75 feet of the ordinary highwater mark of Leech Lake.
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SECTION X
SEVERABILITY
Invalidation of any one or more of the provisions herein by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect until the date of expiration.
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SECTION XI
ENFORCEMENT
Each owner of a lot or tract shall have the right to enforce the provisions of this Declaration of Restrictive Covenants in his or her own name by proceedings at law to recover damages or in equity to restrain violation, against any person violating or attempting to violate any covenant or provision hereof.
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SECTION XII
TERM
The easements, covenants, conditions, restrictions and reservations contained herein shall run with the property or any part thereof, and shall inure to the benefit of each owner, his heirs, successors and assigns. All other provisions of this Declaration of Restrictive Covenants shall remain in full force and effect until twenty (20) years from the date hereof, at which time this Declaration shall be automatically extended for successive periods of ten (10) years each, unless an instrument agreeing to terminate or amend this Declaration is executed by all owners and lien holders as recorded in the Office of the County Recorder.
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ARTICLE VI
COMMON AREA AND EASEMENTS
6.1 Common Areas. Ownership of each of the lots (1-9, 11-14) shall include an undivided 1/13th interest in Outlot A (Common Area A). Outlot A shall remain in its natural state, and no improvements may be made upon it without the unanimous consent of the Members. Ownership of each of lots 8, 9, 11, 12, 13 and 14 shall include an undivided 1/6th interest in lot 10. Common Area B which includes Lot 10 shall be a common access lot which shall serve as the exclusive lake access for lots 8, 9, 11, 12, 13 and 14. Owners of those six lots shall be jointly responsible for the maintenance and upkeep of Common Area B.
6.2 Wetlands. The wetlands within the plat of Oak Point Estates have been identified and described in that certain Wetland Delineation Report dated April 27, 2006, prepared by Landecker & Associates, Walker, Minnesota. Pursuant to Sections 704.2 and 1120.6 of the Cass County Land Use Ordinance, and Minn. Stat., Chapter 84C, in consideration and as a condition of development of the plat of Oak Point Estates, Oak Point Estates, LLP hereby conveys a perpetual wetland conservation easement on all wetlands, as delineated in the Wetland Delineation Report dated April 27, 2006, to the easement holder, Cass County, through its agents, employees, departments, or assigns. These restrictions and covenants shall run with the land, to-wit: The owner(s) and their successors or assigns shall not drain, fill, or otherwise alter in any way the wetlands on the property. Further, the owner(s) of this property and their successors or assigns shall grant reasonable access to authorized personnel of the easement holder, Cass County, through its agents, employees, departments, or assigns for inspection, monitoring, and enforcement of this agreement, the wetland laws pursuant to the Minnesota Wetland Conservation Act of 1991 as amended, and all Cass County Ordinances.
James L. Nitchals, Managing Partner
Oak Point Estates, LLP
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