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<br />. <br /> <br />a) <br /> <br />Open space shall be in a contiguous, connected configuration adjacent <br />to existing natural areas or parks. <br /> <br />b) Open space shall have one owner or owned by a single entity such as a <br />homeowners association or city. <br /> <br />c) Open space in long narrow corridors in back yards does not qualify for <br />conservation easements. <br /> <br />2. The land shall be controlled in one or more following manners as determined <br />at the City's sole discretion: <br /> <br />a) Owned by an individual, homeowner's association, or other legal <br />entity who will use the land for open space purposes as provided by <br />permanent conservation restrictions to an acceptable Land Trust as <br />approved by the City and; or <br /> <br />b) Deeded to the City of Elk River for public purposes with permanent <br />conservation restrictions to an acceptable Land Trust. <br /> <br />3. <br /> <br />Where applicable, a homeowner's association shall be established to <br />permanently maintain all residual open space and recreational facilities. <br />Such homeowner's association management agreements shall be established <br />prior to the sale of any lots. Homeowner's association management <br />agreements shall include the following: <br /> <br />. <br /> <br />a) Legal description of the common lands or facilities. <br /> <br />b) Membership in the Association is mandatory for all purchasers of <br />homes in the development and their successors. <br /> <br />c) Restrictions placed upon the use and enjoyment of the lands or <br />facilities including the persons or entities entitled to enforce the <br />restrictions. <br /> <br />d) A mechanisms for resolving disputes among the owners or association <br />members. <br /> <br />e) Provide standards for scheduled maintenance of open spaces. <br /> <br />f) Provide a plan guaranteeing continuing maintenance of open spaces <br />that shall be submitted to the City Council as part of the data <br />requirements for an open space development. <br /> <br />g) <br /> <br />A mechanism to assess and enforce the common expenses for the land <br />or facilities including upkeep and maintenance expenses, real estate <br />taxes and insurance premiums. <br /> <br />. <br /> <br />s: \document \ordinanc \oa99-osd.doc <br />