Declaration

Turtle Creek Estates
Common Interest Community No. 13
City of Austin, Mower County, Minnesota

Section 3: Common Elements/ Limited Common Elements

 

  1. Common Elements. The Common Elements and their characteristics are as follows:
    1. The roadways as depicted on the Plat (which are being dedicated to the public), until such roadways are maintained by public authority; and shall include wells located within the utility easements depicted on the Plat, together with water mains running within the public rights-of-way and utility easements and shall include Stormwater Pond Easements, and areas within Delineated Wetland Boundaries, and Outlot A, as depicted on the Plat.
      The Declarant reserves the right to establish walking trails on the J-24 Ditch Maintenance Easement depicted on the Plat.
    2. The Common Elements shall be subject to certain easements as described in Section
    3. All maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association.
    4. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Section 6.
  2. Limited Common Elements
    1. The Limited Common Elements are the wells and water mains serving the various dwellings on the Property as located within the utility easements depicted on the Plat, together with water mains running within the public rights-of-way and utility easements as they serve groups of dwellings.

    2. Repair and maintenance of the Limited Common Elements shall be done by the Homeowner=s Association but with the cost thereof to be allocated equally among the Units served by the particular well or water mains in need of repair or maintenance.