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TOMI <br />Corporate Office: 9380 Central Buenue OE, Blaine, Hill 55434 • Tel: 763-767-21ST fax 763-783-7140 <br />To Whom it May Concern: <br />A number of misconceptions have been brought to our attention recently, and it is hoped that the <br />following material will help to clear up some of these matters. <br />I. Ownership of Brookfield Lake <br />It has been stated that the Brookfield Homeowners Association ("HOA:") owns the "Brookfield <br />Lake". This is not true. The land beneath the pond is owned by the individual lot owners along <br />107th, and the land beneath the pond is owned by 21st Century Bank on the southeast side. The <br />Bank's land is the land now being platted by Capstone. The pond area on the northwest side is a <br />dedicated public drainage easement established in the previous Brookfield plats. Capstone will <br />be required to dedicate a public drainage easement over the new lots that are platted on the <br />southeast side of the pond. <br />II. Homeowner's Association <br />An HOA was formed as a non-profit corporation by Oakwood. It has since been <br />administratively dissolved by the Minnesota Secretary of State for non -filing of annual renewals, <br />but it can be re -activated by a simple on-line process at a cost of less than $50. The HOA has <br />bylaws, and every lot owner in Brookfield is automatically a member. <br />IH. Declarations <br />There is a recorded Declaration that is in effect that covers all of the existing lots in Brookfield. <br />It excludes undeveloped land in the area. Further information is contained below. <br />IV. History <br />A. Brookfield Plats <br />The existing BF development consists of three plats, the First, Second and Third Additions, <br />which were recorded in 2006-2007. Each had its own recorded development agreement, and a <br />set of Declarations was recorded by the Developer, Oakwood Land Development Co, for each <br />plat. The Declarations established some basic land use controls, made reference to an HOA, <br />gave the HOA the duty to maintain the landscaped berm on County 5, and established an <br />Architectural Control Committee to review house plans. No house standards were adopted and <br />the ACC was free to approve whatever it wanted to approve. No dues or assessment methods <br />Banking from anywhere in your world.® www.2lstcenturyhank.com <br />ONLINE BANI(INO <br />Place 'll Click® <br />an Ilea bill pairing <br />PayDirec <br />