2000-10-08 Draft of Proposed Covenants
Oct-08-2000 Q7:49
Frem-PETERSON FRAM BERGMAN
6512281753
T-227 P.001/004 F-49a
~
Warren E. Petet'SCI1
Jerome P. ~lIla
Daniel Witt Ftarn
Clenn A. aer~man
John Mi,hul Miller
Michat:l T: Ob~rlc:
Stevel'l H. ~runs'
Paul W. F3Mi~
Esrher E.. McGinnIs
l..!f:-ey I. Coner
PETEDCr'l\. T
FRAM-....~:-.:~BERGN1AN
Kt)rr~~q,:;~~;~..it~!f2!~~:~:!;.;.t:~t ~.;rR~~~
SuIte 300
50 Eaa;t Fi fth Street
St. Paul, MN 55101-1197
(O;lj 291-89'55
165 I) 2;l8.1 153 facsimile
Direct Di~l: (6:;1) 290-6917
ofahning;@.ofb.'Da.com
FAX COVER LETTER
Date: October 8. 2000
Please deliver the following persons:
To;
Lona, Edina Development Corporation
Jeff Christian, Land Title
Michael Couri, Couri & Mac Arthur
(612) 323-1245
(651) 638-1994
(763) 497-2599/
(763) 497-3210
From:
Paul W. Fahning
Total number of pages including this cover letter: 4-
Message: Enclosed please find a revised draft of proposed Covenants which v.-ill affect the
Lots encumbered by the NSP transmission line easement. The only change is to Section 4. Over
the weekend, I started was bothered that there was no good way to temunate the Covenants if the
Easements are released. Therefore, I added language which provides that they are released if the
Easements are released. Please review and, if this change is acceptable, substitute for the draft sent
last week
Our File No.: 13770/00.2 Edina Development Corporation - Albert Villas
Sent by:
Bridget
This transmission consists of confidential infonnation which is intended and designated onI v
for the person named. above. If you receive this transmission by mistake, please call (651) 291-8955
and request the fax operator.
HARD COPY TO FOLLOW BY MAIL _ YES ~NO
.. AI..SC APMlrrl.'O IN wi~C.CN.IN
Oct-08-2QOO 07:50
Frem-PETERSON FRAM BERGMAN
8512281753
T-227 P,002!004 F-4ge
DECLARATION OF RES,.X1JlCTIONS
FOR CERTAIN LOTS IN
ALBERT Jl7LLAS SEC"OND ADDITION
This Declaration is made and executed this day of October, 2000 by Edina
Development Corporation, a Minnesota corporation, (hereinafter referred to as :'Declarant").
WHEREAS, Declarant is the owner of the following real property located in Wright County,
Mirmesota, to-wit:
Lots 1 through 7, inclusive, all in Block 2, Albert Villas Second Addition
(hereinafter referred to as '.Property"); and
\VHEREAS, Northern States Power Company, its successors or assigns (hereinafter referred
to as '~NSP"), holds transmission line easements adjoining the Property as described in Wright
County Recorder Docwnent No. 250955 and 2S 1129 (hereinafter referred to as ''the Easements');
and
WHEREAS, Declarant desires to impose covenants on the Property to restrict development
and improvement of the Property in relation to the adjoining easements.
NOW, THEREFORE, Declarant hereby declares the above-described real property shall be
held, sold, conveyed, subject to the following resuictions, \'vtUch shall run with the land and be
binding on all parties having any riiht, title, or interest therein, or a part thereof, their heirs,
successors, and/or assigns and shall inure for the benefit of each owner thereof.
1. Building on Easements. No building, whether temporary or pennanent, including,
but not limited to outbuildings or accessory buildings shall be placed or permitted to
remain within the Easements.
1
Oct-08-2000 07:50
Frcm-PETERSON FRA~ BERGMAN
6512281753
T-227 P.003/004 F-49S
2. Non-Building lInprovementslLandsca'Oina. No fence, wall, patio or other structure,
nor any wire, pipe, path. walkway, tree, hedge. driveway or exterior ornament or
improvements of any kind, nor any addition, removal, alteration or remodeling
thereof shall be made, erected, altered or placed within the Easements until plans and
specifications therefore have been reviewed and approved by NSP. In any event,
no planting shall be allowed within 15 feet of any str'Ucture maintained by NSP
within the Easements a."1d, further, ifany of the area within the Easement is fenced,
gates must be installed to provide access to NSP for maintenance purposes. Chain
link or other types of fences using metal material constructed On or near the area
within the Easements should be properly grounded.
3. Work Within Easement Areas.
a) ExcavatiQlJLGrading Aronnd Structure Location. A minimum distance of
15 feet of supported eanh must be maintained from structures for the
transmission line maintained within the Easements. Ground suppon beyond
15 feet from any such structure may be provided by a slope no greater than
3 feet horizontal to 1 f001 vertical. Support may also be provided by the use
of cribbing, sheet piling, retaining wall or nmneling.
Fill around or above steel structure foundations is not permitted. Grades
around structures must provide for surface water ru.n-<:lft~ Ground elevations
within the Easements shall not be increased above existing vade, stockpiling
of soil and/or material within the Easements is not permitted. Where
transmission stnlctures are exposed to vehicular traffic, steel posts or
guardrail type barricades must be installed in accordance with specifications
maintained by NSP.
Specific plans for any such excavation or grading around structural locations
located within the Easements shall be submitted to NSP for review and
approval prior to commencement of l1I.'1Y such work.
b) Clearance. A working clearance of 25 feet between the electrical
transmission lines. any transmission strUCtures, and any cranes or digging
equipment used in or near the Easements must be maintained at all times. If
this clearance cannot be maintained, the person performil"4': the work must
arrange tor a line outage in accordance with the procedures established by
NSP.
4. ~tion. These covenants are to nm with the land and shall be binding on all parties
and persons claiming under them for a period of 30 years from the date of recording,
at vvhich time they shall be extended for successive 10 year periods, unless the
m~ority of the then owners oithe Property desire to change these covenants and, in
that event, the change shall be made by use of a recorded document; provided,
2
c# ,
Oct-OS-20ao OT:51
From-PETERSON FRA~ BERGMA~
6512281753
T-227 P.004/004 F-498
however. that these covenants shall automatically tenninate as to any portion of the
Property as to wl;1jch the Easements have been released or terminated.
5. Severabilitv. Invalidation of anyone or more of the provisions herein by judgment
or court order shall in no way affect any of the other provisions which shall remain
in full force and affect. The invalidation portion shall be enforceable to the broadest
ex.tent permined Wlder law.
IN WITNESS WHEREOF. the undersigned Declarant v..as caused these presents to be
executed this _ day of .2000.
EDINA DEVELOPMENT CORPORA.TION
By:
Rick Le~'aIldowski. its President
STATE OFMI~~ESOTA )
) SS.
COUNTYOFANOKA )
The foregoing instrument was acknowledged before me this _ day of .
2000 by Rick Lewandowski, President of Edina Development Corporation. on behalf of the
corporation.
Notary Public
J1IIS INSTRIJMENT DR-\FTED BY:
Paul W. Fahning
Peterson, Fram & Bergman, P_A.
SO East Fifth S tteet
Suit!:: 300
St. Paul, MN 55101
(651) 291-8955
3