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4.0. SR 07-18-2005 l .~ ~t rt{ cmdoJLf I krt 4 July 17,2005 Re: Sale of Pine wood Golf Course Dear Neighbors You have all probably received a letter from the City of Elk River announcing the sale of this property to L & M Development subject to the outcome of two public hearings dated July 26 and Aug 15, 2005 both at 6:30 pm. Both of which we urge you to attend. In addition, the city council meets the first 3 Mondays of each month at 6:30pm. All meetings are at city hall, 13065 Orono Parkway. Elk River. Tomorrow, Monday the 18th is probably the best opportunity to get close to the Mayor and Committee to voice our concerns and solicit their support for an amiable solution to save the golf course. This is what vou can do. . Contact the Mavor and Committee. make them accountable for the population density, traffic congestion and erosion of quality of life within the city. The highway 10 sign still states that Elk River is where the city flows into the country, now; the city is flooding the country. . Ask them how the property sale got this far along without any input from neighbors, members and without regards to the covenants that govern neighbor relations for the Pinewood plat as depicted by its founders Thomas and Janet Noon. Since this document is notarized and recorded by Sherburne County and is in effect until 2009 at which time the adjacent property owners may extend or modify it, it should still be viable. . Oppose the re-zonin2 of Pinewood and more housing starts. The adjacent Ziegler development has not been successful in selling out, in some cases the builders are renting these new structures, some of which, according to their signage, where sold as · golf course lots'. Across the board, the real estate market is in the tank, primarily due to cost of fuel and traffic congestion, recovery is probably going to be slow. · What about city sewer and water, the assessment of which will surely be transferred to the surrounding area and established homes. Grandfathering in existing homes only works providing your septic doesn't fail or you elect to remodel say to add an additional bedroom or bath. Then watch the story change. . How about the 30' wide right of way across Yankton Street between holes 5 & 6. This cleverly hidden passage only showed up with the surveyors stakes, no easements disclosed on the titles of adjacent properties or readily visible on the hard to find plot maps. This potential road is aimed right at the vacant land l ' behind #6 tee box which resides in Big Lake. Chances are the developer does not have to disclose any plans associated with this plot to Elk. River residents. . Why does the city have incomplete records on this plat? Does this give them license to make the rules as they go? . Remind them that this is not an issue of developing raw land. The golf course is an established and living community center which partnered with members and fee paying patrons that span all generations. It is a place for senior citizens on fixed incomes, school children of all ages, some no larger than the golf bag they tote, golfers from all backgrounds and communities to congregate in a S6Ciil,friendly;affordable.andrelaiingfewhoursofrecreatioD. ThemaJority ofthesepatr~~ ""ould not be~()mfortabl~nortruly.!elc()me,on the upscale country club type golf courses~texist3fOund this city. There is a petition sign up sheet by the cart pat" t() the #6 t~boL . R.elllindt~felll~tthisjsalso~iss\l~ ()f1)c:jng ~0()Ci neigllbors.. The homeowners that live adjac~nt to the g()1f course pai"a premium for the privilege. The views, the privacy, the minimum % acre lot sizes, the sense of community and the limited vehicle traffic flow within the community are all value added features of their investments. Desecration of this concept is totally unacceptable and accountability needs to be applied whether it be toward the Mayor and city council for not protecting their constituents or to Mr. Krause for turning his back on the Pinewood agreement and devaluing the properties and quality of life for his personal gain instead of working with the community to find a viable solution toward leaving the golf cOUI'$e intact. Surely the city and county cannot ignore this property as a pristine community center and public golfing park, let the voters decide, seek funding from community banks and business in the form of bond sales. Do what is right for the people of Elk River! Please share your thou2hts with the city. Doing nothing gives the developers free license to profit at your expense. How much population densityattd traffic congestion does Elk River need???? Mayor Stephanie Klinzing, 763-635-1000, (763- (763-241-2133 home) mavorer@.aol.com Councilmembers: John Dietz, shortshots17@aol.com Jerry Gumphrey, iwgumD@vahoo.com Larry Farber, farbers5@msn.com Paul Motia, pmotin@aol.com We would like to hear from everyone affected by this. Please confirm meetings to attend. Sincerely, Andrew & Beverly Brown, 18260 Yankton StNW, 763-441-2741. (arbj@earthlink.net) Bruce & Jan Anderson, 18261 yankton St NW, 763-441-8122 (mvws@usa.net) ...~ ~ ...=' ' 9Sl~l.{i.~.: ~ l\fX} g.l~ (frX-",o'" fk~c ,qc-lL TORRE~jS#~ '?.;2. 0 Pinewood (PROTECTIVE CONVENANTS) Know All Men By These Presents, That Thomas Noon and Jane Noon presently the owners and proprietors of all of the iotsin Pinewood a platted subdivision in the City of Elk River, in the County of Sherburne and State of Minnesota, according to the plat and survey thereof on file and of record in the office of the ~egisterof peeds in and for said County and State (hereafter referred to as "Subdivl,sion"), have declared and by these presents do declare that all of the tracts in the subdivision are, and for a period of time hereinafter stated shall be, subject to the following protective covenants, restrictions and servitudes, and that every subsequent owner of said lots shall be bound to said covenants, restrictions and servitudes, and shall accept title thereto. 1. Land Use and Building Type. Each lot shall be used exclusively for residential purposes. No buildin shall be erected, altered, placed or permitted ')< to remain on any lot othert:hanone detached single family dwelling, and priva "IJITClttAz~ garage for not more than three cars. ''f~~'rr 2. Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and the plans showing the location of the structure have been approved by the Architectural Control Connnittee as to quality of workmanship and mtedals, harm.ony of e~ternal design with existing structures, and as to location with respect t.O topography and fini.shed grade elevation. No fence or wall shall be erected, placed or altered on the lot nearer to any Street than ~pproved by this Committee. 3. Quality and Size. All structures shall be of new construction. The ground floor area of the main structure exclusive of open porches and garages, shall be not ~ less th~uare feet for one story huilding. Any variance must be approved by jl~~\the Architectural Control Committee. 4. Building Location. No buildings shall be located unless approved by the Architectural Control Connnittee. The connnittee may permit the location of small structures such as play houses and small garden tool houses, and boat houses,and screen houses. 5. Lot Area and Width. No single family dwelling shall be erect~. ed placed or permitted on the building site which has an area of less than ~"7' -.. ,)( /\~, (~~ ' square feet. No lot shall be replatted, rearranged r resubdivided without the consent of the Architectu rai Control Connnittee. 6. E.asements. Easements for the installation nd maintenance of utilities are reserved as designated on the plat and no trees or shrubs are to be planted or maintaine(( on the utility easement except at the owner's risk. 7. Nuisances. No noxious 0r offensive trade r activity shall be carried on upon any lot, nor shall anything be done thereon wh ch may become an annoyance to the neighborhood. No poultry, livestock or animals may be kept upon any lot except two dogs or one cat per residence. No accumulation of junk, garoage or debris may be maintained on any lot. No trailer house, travel trailer, buses, trucks, or junk cars are allowed on premises unless properly garaged. 8. Temporary Structures. No structure of a nature, such as trailer house, camping truck, basement, tent, shack, garag , barn, out-ho1)se, or other buildings shall bE:' used on any lot at any time as residence either temporarily or permanently, nor shall a structure to be used a. a residence be moved upon any lot. All structures shall be completed and finish d on the exterior within nine months after coimnencement of the excavation of con tructionthereof, and before the structure shall be used as a residence. 9. Grading, Wells and Disposal Systems. No sod, fi.ll, sand or gravel shall be sold or removed from any lot except with conse t of the Architectural Control Committee. Excess soil from excavation shall. not be stored upon any lot and will be delivered to such a point in the subdivision a may be directed by the Architectura Control Committee. All lots shall be graded and intainedafter construction is completed . Each dwelling shall be served with wa er and septic tank or disposal systems to comply with public health standards at the time of occupying the dwelling. Installation of individual wells and disposal systems shall require the approval of the Architectural Control Committee as to locati n on each lot and with relation to similar installations on adjoining lots, and 0 relation to a central well if a central water system should be installed. 10. Architectural Control Connnittee. The rchitectural Control Committee is composed of Thomas Noon and Jane Noon, and one m mber appointed by them. A majority of the Committee may designate a representative 0 act for it. In the event of. death or resignation of any member of the Commit ee, the remaining members shall have full authority to designate a successor. N ither the members of the Committee nor its designated representative shall be .entitle to any compensation for flf!/L services performed pursuant to the covenant. The ommittee shall have the ri.ght and duty to plan orderly development of the subdiv'sions, and provide for the safety of the residents. 11. It is the express intent of the mvners t add a second phase of lots Shcl,Ld such a project b(~corne a real.ity, the owners agree to abide by a the subject Pinewood and a second phase golf course to tIlt: lcwd abutti similarly structur!\cl set of Protective Covenants herein, thereby maintain quality control of all lots in all phases of Pine It is the express intent of the owners to pr-ovide all buyer preferential right to purchase golf course memberships or dther club me bership prior to the sale of similar rights to the general public. This is to imply a different price for such membership, only that lot buyers are ass the first opportunity to purchase same at fair market rates. 12. Procedure of the Committee. The Commit ee's approval or disapproval as required in these covenants shall be io writing. In the event the Committee or its designated representative-fails to approve or dis'pprQve within 30 days after plans suit to enjoin the and specicificatioils are Bubmitted to it, or construction has been commenced prior tu the letion thereof, approval will not be required and the related covenants shall be d emed to have been fully complied with. 13. Term. are to run with the land l':!ncl sho\lld be binding on all parties and all the persons claiming undert em for a period of 30 years from the date these COVenants are fiJ.;ed pr recorded,afte which said covenants shall be automaticalJy extended for successive periods of 10 years unless an instrument signed by the majority of the then owners of the lots has been filed or recorded agreeing to change said covenants in whole or in part. Signed before me a notary publ ic of the county of Sherburne July 9, 1980. /~ I..~/!.l. . (pO ~. . . ...... ~v \. ~ \ . ",--J ~~1", , /\ro!V"--~ "..-.,."''',Jt./ - "/'-~ .."....... F. . GONGOLL .....""".,...... . ilk)J ~ N.' " c'L..lLlC - ,v\INNESOTA \~~'l f,r3URNE COUNTY ....~~.y M' .:;,iU!1.Expires Feb. 9. 1983 . .,,/': (' i", elf' /. "7' .' .', / ~." }t did. -1{ /. "1" ...