2000-10-04 Declaration of Protective Covenants
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DECLARATION OF PROTECTIVE COVENANTS
FOR ALBERT VILLAS SECOND ADDITION
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This Declaration is made and executed this ( day of 0 c... \t:> ~-(.'" , 2000, by
Edina Development COIporalion, a Mirmesota corporation, hereinafter referred to as "Declarant".
WHEREAS, Declarant is the Owner of the following real property located in Wright County,
MinnesoTa, to-wit:
See attached Exhibit A.
AND WHEREAS, Declarant desires to create and establish a uniform plan for the benefit of
all of the Owners of the above-described real property to continue as covenants running with the
land.
NOWTHER}-:FORE, Declarant hereby declares that the above-described real property shall
be held, sold, conveyed, subject to the following protective covenants, which shall run with the land
and be binding on all panics having any right, title, Or interest therein or any part thereof, Their heirs,
successors, and/or assigns, and shall inure for the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
For the purpose of this Declaration, the following terms shall have the meanings herein
ascIi bed by them:
Sel?.!i.9n-1;. "Lot" shall mean and refer to any platted plot ofland, upon which a house and/or garage
is located Or is intended to be located as shown upon any recorded plat of the above~referenced
Property.
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.Be...t:IiQI!'_~:_ "Owner" shall mean and refer to the record Owner, whether one or more persons or
entities, offee simple title to any Lot which is a part of the Property, including contract sellers and
vendees, but. excluding those having such interest merely as security for the perfoffi1ance of an
obligation, and excluding those having a lien upon the Property by provision Or operation of law.
Sl;:criQ113: "Property" shall mean and refer to the real property above described.
;;_~~t.iQIL4: "Cily" shall mean the City of Albertville in the County of Wright, State of Minnesota.
ARTICLE II
BUILDING AND USE RESTRICTIONS
Section 1: Pro pert):. \Jses. AU the Lots shall be used only as residential Lots and shall be improved
and occupied in accordance with these restrictions and covenants. The following activities shall not
be considered a violation of this Covenant:
A. The use ofa dwelling by an Owner for home office or studio uses which are incidental to the
principal residential use of a Lot, which do not invite or generate regular frequent visits by
clients, customers, delivery persons, employees, co-workers Or the public and which do not
alter the residential character of the Property.
11. The use of a Lot by an Owner as a home day care, licensed by all appropriate governmental
authorities which does not alter the residential character of the Property.
C. Use by the Declarant or its designee for a business and sales office and models during the
construction and sales period;
~.QliQ!L2:_Pwelling~ No dwelling shall be erected, altered, placed or perrnined to remain on any
Lot other than One detached single-family dwelling not to exceed two (2) stories in height. Unless
allowed by the City, the dwelling on any lot shall have a minimum floor area of nine hundred sixty
(960) square feet above ground for a two (2) bedroom dwelling and one thousand forty (1,040)
square feet above ground for a three (3) bedroom dwelling.
Exterior finishing materials for the walls of the dwelling located on any Lot shall be brick; natural
srone; decorative concrete block; cast in place concrete or precast Concrete panels; wood (finished
for exterior use and of proven exterior durability such as cedar, redwood or cypress); curtain wall
panels of factory fabricated steel, fiberglass or aluminum finished with durable non-fade surface with
corrosion resistant fasteners; glass cU11ain wall panels; stucco or vinyl. Roofs of dwellings located
on any Lot shall have an earth covered, composition, shingled or tiled roof. Dwellings located on
any Lot shall be not less than thilty (30) feet in length and not less than twenty-four (24) feet in
width and have an minimum roof overhang of one (1) foot.
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All building set.backs Il1USt be in accordance with the ordinances of the City in effect at the time of
constnlction.
Only one (1) cHHbuilding or other accessory building, not exceeding one hundred twenty (120)
square feet, shall be pennined on each Lot. Any such outbuilding or storage building shall
correspond in architectural style and finishing to the dwelling located on the Lot.
0ccti on 3: U tiLity_'i1lcJJ)IJJi1J;;Jg<;_,bAsements/ Access. Easements for installation and maintenance of
utilities and drainage are reserved as shown on the recorded plat or as conveyed to the City. In
addition, electrical transmission line easements in favor of Northern States Power Company as
described in Wright County Recorder Document Number 250955 and Wright County Recorder
Document. No. 251129 and easements for pipeline purposes in favor of American Oil Company as
described in Wright COUllt.y Recorder Document Number 165533 and in Book 5 of Miscellaneous,
Page 546 encumber a porrion of the Property. Within these easements, and within 20 feet of any
wetland, storm water management ponds and County Ditch No.9, no structure, including, but not
limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or
pennitted to remain which may damage or interfere with the installation and maintenance of utilities,
or which may change the direction of flow or drainage channels in the easements, or which may
obstruct or retard the flow of water through drainage channels in the easements. The easement area
of each Lot including and all improvements in it, shall be maintained continuously by the Owner of
the Lot, except for those improvements for which a public authority or utility company is
responsible. No Owner Or other person shall apply any fertilizers or herbicides within fifty (50)
feet of any drainage easement.
5~&tiolL4,~_,_t-J!? N()~iQ1l~},_6.givity., No noxious or offensive activity shall be conducted on any Lot,
nor shall anything be done t.hereon which may be or become an annoyance or nuisance to other
Owners.
Section 5: Garbage and Refuse Removal. No Lot shall be used or maintained as a dumping ground
for rubbish. Trash, garbage, or other waste shall be kept in sanitary containers. All incinerators Or
other equipment for the storage or disposal of such material shall be kept in a clean and sanitary
condition, and shall eit.her be ~>lared in the garage or other building located on the Lot, or in the side
or rear yard, provided that, if stored in the side or rear yard, such equipment shall be screened from
public view.
SS::l::liQ...1L!i~ N9_Anima~xce:pt Pet.s. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any Lot, except that dogs, cats Or other household pets may be kept provided that
they are not kept, bred, or maintained for any commercial purpose. No mOre than two (2) dogs
;:md/or cats shall be kept at anyone time. Only One (1) dog or other animal nm or structure for the
housing of animals, including but not limited to doghotlses, shall be constructed on any Lot. Any
such structure shall cOITespond in architectural style and finishing to the dwelling located on the Lot.
.:i.c;.ction 7: Prohibited StrucnnesNehicle Storage/Storage. No structure ofa temporary character,
trailer, tent, shack, garage, basement, or other building shall be used as a residence either,
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temporarily or penmmcntly, on any Lot. No more than one (1) camper. motor home, recreational
vehicle, boat, trailer, bus or truck, snowmobile or other type of recreational vehicles may be parked
on any Lot unless parked within a garage located on a Lot. In no event. however, shall any unsightly
or unlicenced vehicle or any semi-tractor or trailer be stored or parked on any Lot. Storage or
parking of any camper, motor home, recreational vehicle, boat, trailer. bus or truck, snowmobile or
other type of recreational vehicle shall be on a concrete or bituminous pad on the side of the dwelling
and immediat.ely adjacent to the garage constlucted on the Lot such that the vehicle being stored
does not protrnde beyond the frontwall of the dwelling, is in compliance with all setbacks and does
not encroach upon any easements located on the Lot. All parts of a Lot visible from outside shall
be kept free and clear of all clotheslines, woodpiles, rubbish, debris and other unsightly materials.
No exterior television, radio, satellite or microwave antenna of any sort shall be erected or
maintained on an Lot except one that is one meter or less in diameter or diagonal measurement, as
defined in 47 CFR 1 400(a)(1) provided that the anterma does not interfere with access by, or
interfere with, fire or other emergency services Or pose a safety hazard to the Owners of the Public.
~~c:.ti.orut~S.igDS. No sign of any kind shall be displayed in public view on any Lot except one (l)
professional sign of no mare than five (5) square feet advertising the Property for sale or for rent,
Or signs used by a builder to advertise the Property during the construction and sales period.
Section 9: Model all(LS..'!Je~'iJlse, Notwithstanding anything contained in this Declaration to the
contrary, a Lot may be used for a model family residence building, or for a real estate office with
customary developrnem signs during the development period of the Declarant. its successors or
aSSIgns.
Section 10: Fences. No fences shall be. constructed Or located in the front yard. All fences shall have
the following restrictions:
A. No fences shall be constructed in any storm water drainage ways Or other easement areas;
B. No fences shall be permitted along lot lines upon which landscaping berms are located;
C. No snow fencing shall be pemlitted.
ARTICLE III
MISCELLANEOUS
Section 1: Amendment to Covenants. The Declarant reserves the right without the consent Or
joinder of the Owners, mortgagee or any other person or entity to amend these covenants, in whole
Or in part, until such time as seventy-five percent (75%) of the Lots affected by this Declaration are
conveyed to Owners who are occupants of houses constructed upon the Lots. The Declarant reserves
the right, without the consent or joinder of the Owners, mOl1gagees or any other person or entity, to
add additional property to the Declaration until the conveyance of the last Lot affected by this
Declaration or added by Declarant pursuant to the terms hereofto Owners who are occupants of the
houses constructed upon tlle Lots.
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dectio.n2.:._PUmJi.QIL Except for a longer gram provided herein, these covenants are to run with the
land and shull be binding on all parties and all persons claiming under them for a period of thirty
(30) years from the date ofrecording, at which time they shall be extended for successive ten (10)
year periods, unless t11e majority of the then Owners of the Lots desire to change these covenants,
and in that event, the changes shall be made by use of a recorded document.
Section 3: Enforce11}~nL Any Owner shall have the right to enforce, by any proceeding at law or
in equity, or both, all of the teans and provisions of this Declaration.
Enforcement shall be by proceedings at law Or in equity against any person or persons violating or
attempting to violate allY covenant either to restrain violation or to recover damages.
,St;;~tiQn 4:--,,~y.erability. 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 fun force and
effect. The invalidated portion shall he enforceable to the broadest extent permined under law.
IN WITNESS \VHEREOF, the undersigned Declarant has caused these presents to be
executed this _q Y'" _ day of (lch)nt:r ,2000.
Edina Development Corporation
By:
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ick Lewandowski, its President
ST A IE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instnUllent was acknowledged before me this q"'- day of 0 c_ \oJ,..,..-
2000, by Rick Lewandowski, the President of Edina Development Corporation, a Minnesota
cOl110ration, on behalf of the corporation.
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N ary Public .> ~
THIS INSTRUMENT DRAFTED BY:
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LONAL.McCUMBER ,
NOTARY PUBlIC.MINNESOTA
MY COMMISSION EXPIRES 1-31.2005
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Paul W. Falming
PETERSON, FRAM & BERGMAN, P.A.
50 East Fifth Street, Suite 300
St. Paul, MN 55101
Phone: (651) 291-8955
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