21 Doc No 8945609 03/06/2007 08:21 AM
Certified filed and or recorded 9above date:
Office of the County F?ecorder
Hennepin County, NF'innesota
Michael H. Cunniff, County Recorder
TransiD 295174 Deputy 7
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
OECEOVELI
JAN 7p
MAMNTENANCE AGREEMENT
THIS AGREEMENT is made and entered into by and between Winnetka Green
Master Association (the "Association"), a Minnesota nonprofit corporation, and the City
of New Hope,a Minnesota municipal corporation(the"City").
WITNESSETH:
WHEREAS, The Ryland Group, Inc., a Maryland corporation (the "Developer"),
as part of its development of the residential community in the City commonly referred to
as "Winnetka Green," agreed to grant to the City certain maintenance easements (the
"Easements") over that certain property located in Hennepin County, Minnesota, legally
described and depicted on Exhibit A and Exhibit B attached hereto (labeled as the
Proposed Maintenance Easement)(collectively the"Easement Area");
WHEREAS, the Association, pursuant to that certain Master Declaration of
Winnetka Green recorded in the office of the Hennepin County Recorder as Document
No. 8459973, as amended and/or supplemented (collectively the "Declaration"), has the
obligation to maintain certain property within Winnetka Green which includes the
Easement Area;
WHEREAS, the Easement Area is compatible with the Shingle Creek Watershed
District and its provisions for handling of storm runoff, including provisions for operation
and maintenance of all stormwater runoff facilities, grit chambers, and ponds within the
Easement Area; and
WHEREAS, the City has given approval to the Easements, subject to compliance
by the Association with certain conditions, including entering into Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set
forth herein and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the parties to this Agreement agree as follows:
1. Maintenance of the Easement Area. The Association shall be
responsible for maintaining the Easement Area and observing the laws governing the
operation and maintenance of the Easement Area, including, but not limited to, the
MPLS-Word 134880.4 1
removal of sediment in the pond and in the grit chamber, clearing of weeds, removal of
trash and debris, and repair of the retaining wall, as needed. The maintenance by the
Association of the Easement Area, as described in this Agreement, will be referred to
hereinafter as the "Maintenance." The Association shall only be obligated to maintain
the Easement Area in the condition which it exists on the date that this Agreement is last
signed by the parties to this Agreement. The Association shall provide the City with a
schedule acceptable to the City for the Association's inspections (the "Inspections") of
the Easement Area (including the grit chamber, and the pond outlet control structure).
The Association shall make all such scheduled Inspections, keep a record of all
Inspections and Maintenance activities, and submit such records annually to the City if
requested by the City.
2. City's Maintenance Rights. The City may maintain the Easement Area,
as provided in this paragraph 2, if the City reasonably believes that the Association has
failed to perform the Maintenance in accordance with this Agreement, and if such failure
shall continue for thirty (30) days after the City gives to the Association written notice of
such failure. The City's notice shall specifically state which Maintenance tasks have not
been performed by the Association. If the Association does not complete the
Maintenance tasks within thirty (30) days after such notice is given by the City, the City
shall have the right to enter upon the Easement Area (but only upon the portion of the
Easement Area owned by the Association—which is legally described as Lot 96, Block 2,
Winnetka Green, Hennepin County, Minnesota) to perform such Maintenance tasks (the
City shall have the right to enter upon the remaining portion of the Easement Area only if
granted permission by the owner(s) thereof or if such entry is permitted under law). In
such case, the City shall send an invoice of its reasonable Maintenance costs to the
Association, which shall pay said costs within thirty (30) days of receipt of said invoice.
Notwithstanding the foregoing, in the event of an emergency, as determined by the City's
engineering staff, the thirty (30) day notice requirement to the Association for failure to
perform such Maintenance tasks shall be, and hereby is, waived in its entirety by the
Association, and the Association shall reimburse the City for any reasonable expenses so
incurred by the City in the same manner as if the written notice, as described above, has
been given to the Association.
3. Costs of Enforcement. The Association agrees to reimburse the City for
all reasonable costs incurred by the City in the enforcement of this Agreement, including
court costs and reasonable attorneys' fees. The City agrees to reimburse the Association
for all reasonable costs incurred by the Association in the enforcement of this Agreement,
including court costs and reasonable attorneys' fees.
4. Notices. All notices required under this Agreement shall either be
personally delivered or be sent by certified or registered mail and addressed as follows:
To the Association: c/o Community Association Group, LLC •
4672 Slater Road
Eagan, MN 55122
Attn: Property Manager
MPLS-Word 134880.4 2
To the City: City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
All notices given hereunder shall be deemed given when personally delivered or two (2)
business days after being placed in the mail properly addressed as provided herein. A
change of address by either party shall be given in writing to the other party according to
the notice requirements in this paragraph 6.
5. Successors and Assigns. All duties and obligations of each party under
this Agreement shall also be duties and obligations of that party's successors and assigns.
6. Effective Date. This Agreement shall be binding and effective as of the
date it is last signed by the parties to this Agreement.
WINNETKA GREEN MASTER
ASSOCIATION, a Minnesota
nonprofit rpor ion
Its: Hari P' p--
STATE OF MINNESOTA )
l� k )SS.
COUNTY OF a- d )
The foregoing instrument was acknowledged before me this ID day of
jMLYULt, , 2001, by SLY1(, LGt,Mfl1/( , the Pres/1,Ur t/ of
Winnetka Green Master Association, a Minnesota nonprofit corporation, on behalf of
"0 .t.s
DONALD,O RIEN AL' -W 1971
Hotary Public
' '► C'3innesttpires Jiotan.31,2910 NotaryPublic
''° +' My Commission E
CITY OF NEW HOPE
,
By: 114. . 1.
Its: Mayor
By•ti944--Vj
Its: City Manager
MPLS-Word 134880.4 3
STATE OF MINNESOTA )
COUNTY OF N cC IU Pf/tJ }ss.
The foregoing instrument was acknowledged before me this 10 day of
, 2002 by inCY4-i, t.)0t.>, Sr- and 4`,-i0 I f 'Wj,iP , the
Mayor City Manager of the City of New Hope, a municipal corporation, on behalf of
said municipal corporation.
1 c --7 -----
a. h JENNIFER CHRISTINE TOOHEY Notary Public
�9otary Public-Minnesota
4+:44: Commission Expires Jan 31,2011 a
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER,LARSON, FENLON& VOGT, P.A.
220 South Sixth Street, Suite 2200
Minneapolis, Minnesota 55402
(612) 373-8418 •
MPLS-Word 134880.4 4
EXHIBIT A TO
MAINTENANCE AGREEMENT
[SEE IMMEDIATELY FOLLOWING PAGE]
MPLS-Word 134886.4 5
. EXHIBIT' A
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PROPOSED MAINTENANCE EASEMENT
An easement for maintenance purposes lying over, under and across that part of Lots 36, 37, 36. 39,
40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 90, Block 2, WINNETKA GREEN according to the
recorded plot thereof, Hennlpen County, Minnesota described as follows:
Commencing at the Intersection of the westerly line of said Lot 90 with the northerly right of way
line of Elm Grove Avenue as delineated and dedicated on said WINNETKA GREEN: thence on an
assumed bearing of North 00 degrees 10 minutes 12 seconds West along'said westerly line, a
distance of 713.62 feet to the point of beginning of the easement to be described; thence North
89 degrees 49 minutes 48 seconds Eost, a distance of 225.75 feet, to the east line of said Lot
90; thence South 00 degrees 10 minutes 12 seconds East along sold east line, a distance of
120.59 feet; thence South 89 degrees 49 minutes 48 seconds West, a distance of 226.75 feet, to
sold west line; thence North 00 degrees 10 minutes 12 seconds West along said west line, a
distance of 120.59 feet, to the point of beginning.
• THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE RECORDED PLAT
OF WINNETKA GREEN. ,
• THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
WE HEREBY CERTIFY TO RYLAND HOMES THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER LA a OF THE STATE OF MINNESOTA, DATED THIS 23RD DAY OFMARCH, 2006.
SI i/NEER ENGINEERI�.
BY: .
r John C. Larson, Professional Land Surveyor
Minnesota License No. 19828
PIeNEER Cad File&Scan File:
103285118 MAfNTANCE
CIVILENDINEERS LAND PLANNERS LAND SUHNE LANDERECIS Description Sketch for:
SKETCH
3536
SifIViendola Heights Office 0 Coon Rapids Office RYLAND HOMES Drawn by; NJK
2422 Enterprise Drive 201 85th Avenue N.W.
Mendota Heights,MN 55120 Coon Rapids,MN 55433
(651)681 1914 Pax:6819488 (763)783 1880 F•x:783 1883 Sheet
• 1 of 1
EXHIBIT TO
MAINTENANCE AGREEMENT
[SEE IMMED ATELY FOLLOWING PAGE]
MPLS-Word 134880.4 6
763 493 5193
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PROPOSED MAINTENANCE EASEMENT
An easement for maintenance purposes lying over, under and across that part of LOle 25 Ond 26, Moak 1.
WINNETKA GREEN, according to the recorded plot thereof Hennfpen County, Minnesota described oe follows:
COMmencing at the norlheoat corner of said Lot 25; thence on On assumed bearing of North 89 I
dogrese 4$ minutes 25 aeeende West. along the north line of said Lot 25, a dtatance of 32.35 feet to
the point of beginning of the •04441e1t to be decor-bed; thence South 00 degrees 14 mtnutee 34 seconds
West, o distance of T8.99 feel; thence North 80 degrees d5 minutes 26 seconds West. a distance of
20. 0 feet; thence North 00 degrees r4 minutes 34 seconds East. a dietanoe Of 29.00 feat; thence
South 89 degrees 45 minutee 26 seconds East, a distance of 20.00 Leet: thence South 00 dogma
14 minute° .34.seconds West, 0 ofetance of 12.01 feet, to the point of beginning,
• THE BASE MAP USED FOR THIS SKETCH IS A POR11QN OF A COPY OF THE RECORDED PLAT
OF WINNt;TKA GREEN.
• THIS SKETCH DOES NOT PURPORT To SHOW THE EXISTENCE OR NONEXISTENCE OF ANY
ENCROACHMENTS FROM OR ONTO THE riEREON DeSCRIOEO LAND, EASEMENTS OF RECORD OR
UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND,
WE HEREBY CERYiFY TO RYLANO HOMES THAT THIS SURVEY, PLAN OR REPORT WAS
PREPARED BY ME. OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDERTLAWS OF THE STATE OF MINNESOTA, DATED THIS 23RD DAY OF MARCH. 2006.
SIC ' ONEER EVG;NEERiI , P A.
BY: �,77�rJJ rs.1 c
ral,JohnnneeetC. _arson�,ae ProfeHo, 19ee;o828nal Land Surveyor
e (ice
pIN�i/�i Cad rile&Sean File:
I LlRengine, nr 1103285118 MAfNTANC6
crv,c[MN= 1.A1111VlaNMy„f 4.014.01:41,., FUd•Cioni IANDSCAn:nn[InI.[7,
Description Sketch for 'SKETCH!
Folder#: 3536
((MendaLiHeights Office ❑Coed lipids Office RYL N f
2422 L-ntcrprirc privy 201 65:L,Avcnua N.W. r A, A HOMES Drawn by: NIX
•
Mcndain Hcigh,a,MN 55126 Coon Stapids,1YLM S3a33 I
(6511661 1914 Fax:6819489 (063)783:680 no 7113 1883 Sheet
`.., I O f l
4.1
April 13, 2006
Community Association Group, LLC
Attn:Jenny Madsen
4672 Slater Road
Eagan, Minnesota 55122
RE:Winnetka Green pond and grit chamber agreement
Dear Winnetka Green Homeowners Association:
As discussed at our meeting on April 5,2006, I am providing a copy of the pond and grit
chamber agreement that the city requires for maintenance and easements at Winnetka
Green.The legal description of the property as well as descriptions of the easements
over the pond and the grit chamber needs to be added to the document before signing.
In previous communications with representatives from Ryland (Mark Sonstegard and
John Caroon), it was indicated that Ryland would provide the easement descriptions to
the Homeowners Association.
We understand the Winnetka Green Homeowner Association will represent the
development and we appreciate your cooperation finalizing the required documents as
soon as possible.
Sincerely,
•
Kim Gre
Community Development Assistant
Kirk McDonald
Community Development Director
CC: Vince VanderTop, City Engineer
Val Leone,planning case 04-01
Mark Sonstegard,Ryland Homes
Enclosure
CITY OF NEW HOPE
4401 Xylon Avenue North•New Hope,Minnesota 55428-4898•www. ci.new-hope.mn.us
City Hall: 763-531-5100•Police(non-emergency):763-531-5170•Public Works: 763-592-6777•TDD: 763-531-5109
City Hall Fax:763-531-5136•Police Fax: 763-531-5174•Public Works Fax: 763-592-6776
se 044
JENSEN ANDERSON SONDRALL, P.A. Ojkicj. ,,, ` (.in,* Tint-
Attorneys At Law 1j,i'Ider;
8525 EDINBROOK CROSSING,STE.201
BROOKLYN PARK,MINNESOTA 55443-1968
TELEPHONE(763)424-8811•TELEFAX(763)493-5193
e-mail law@jasattorneys.com
LESLIE A.ANDERSON Writer's Direct Dial No.:(763)201-0233
GORDON L.JENSEN1 e-mail jct@jasattorneys.com
JOHN W.MUELLER
AMY E.PAPENHAUSEN
STEVEN A.SONDRALL March 23, 2007
ARIL T.STIENESSEN
JENNIFER C.TOOHEY
Ms. Valerie Leone
City of New Hope VIA U.S. MAIL
OF COUNSEL 4401 Xylon Avenue North
LORENS Q.BRYNESTAD New Hope, MN 55428
Re: Winnetka Green Master Association
Our File: 99.20401
Dear Ms. Leone:
Enclosed please find a recorded original Maintenance Agreement, dated January 10, 2007, filed
for recording in the Hennepin County Recorder's Office on March 3, 2007 as Document Number
8945609.
If you have any questions, please feel free to contact me.
Very truly yours,
Jennifer C. Toohey
Enclosure
Real Property Law P:\Attomey\JCT1I-Client Folders\City of New Hope199.20401 Winnetka Green Master Association199.20101 Ltr Client re Recording.doc
Specialist Certified By
The Minnesota State