2000-10-09 Delcaration of Restrictions for Certain Lots
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DECLARATION OF RESTRlCll!J.1Y.S.~
FOR CERTAIN LOTS IN
ALBERT VILLAS SIJCOND ADDITION
This Declaration is made and executed Lhis 11 d..'\y 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,
Minnesota, to-wit:
Lots 1 through 1, inclusive, all in Block 2, Albert Villas Second Addition
(hereinafter referred to as "Propeny"); and
WHEREAS, Northern States Power Company, its successors or assigns (hereinafterrefelTed
to as "NSP"), holds transmission line easements adjoining the Property as described in Wright
County Recorder Document No. 250955 and 251129 (hereinafter referred to as "the Easements");
and
WHEREAS, Declarant desires to impose covenants on the Property to resnict development
and improvement of the Property in relation to the adjoining easements.
NOW, TI-JEREFORE, Declarant hereby declares the above-described real propeny shall be
held, sold, conveyed. subject to the following restrictions. which shall run with the land and be
binding on all parties having any right, title, or interest therein, or a part thcreof~ their heirs~
Sllccessors, and/or ac.:signs and shall inure for the benefit of each owner thereof.
1. Building on Easement~. No building, whether temporary or permanent. including,
but not limited to outbuildings or accessory buildings shall be placed or permitted to
remain within the Easements.
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2. Non-Building Improvements/Landscaping. No fence, willI, patio or other sm1cture,
nor any wire, pipe~ path, walkway, tree, hedge, driveway or exterior omamrot 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 nny event,
no planting shall be allowed within 15 feet of any structure maintained by NSP
within the Easements and, further. if any ofthe 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 luetal material constrUcted on or near the area
within the Easements should be properly grounded.
3. Work Within Easement Areas.
a) Excavation/Grading Around Structure L.QCation. A minirnum distance of
15 feet of supponed earth mHst be maintained from structures for the
translnission line maintained within the Easements. GroLlnd snpport beyond
15 feet from any such structure may be provided by a slope no greater than
3 feet horizontal to 1 foot verticaL Support may also be provided by tile use
of cribbing, sheet piling. retaining wall or tunneling.
Fill around or above sreel structure foundations is not pcnnitted. Orades
around Sll'llcmres must provide for surface water run-off. Ground elevations
within the Easements shall not be inc:reased above existing grade, stock piling
of soil andlor material within the Easements is not permitted. Where
transmission structures 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 any such work.
b) Cl~1HmJ<':~. A working clearance of 25 feet between the electrical
transmission lines. any transmission srrlJcmres, and any t.^,;ranes or digging
equipment used in Or near the Easements must be maintained at all times. If
this clearance cannot be maintained, the person performing the work must
arrange for a line outage in accordance with the procedures established by
NSP.
4. Duration, These covenants are to nm with the land and shall be binding on all parties
and persons claiming under them for a period of3 0 years from the date of recording,
at which time they shall be extended for sllccessive 10 year periods, unless the
majority of the then owners of me 'Property dc!)jre to change these covenants and, in
that event, the change shall be made by use of a recorded document.
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5. Severability. 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 shnH remain
in full force and affect. The j nvalidation portion shall be enforceable ro the broadest
extent permitted under law.
IN WITNESS WHEREOF, the undersigned Declarant bas caused these presence to executed
tlrls~dayof Ov~bi!"" ,2000.
EDINA DEVELOPMENT CORPORA nON
By:
&,~ z ~ "
jck Lewandowski, its President
STATE OF MlNNESOTA )
) 55.
COUNTYOFANOKA )
The foregoing instrument was acknowledged before me this 2-- day of o<./fo ber-
2000 by Rick Lewandowslci, President of Edina Development Corporation, On bebalf of the
cotpOration. )
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THIS INSTRUMENT DRAFTED BY;
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JEFFREY M. CHRISTIAN ,
NOTARY PUBLIC - MINNESOTA
My Comm. Expires Jan. 31, 2006
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Paul W. Fahning
Peterson, Fram & Bergman, P .A.
50 East Fifth Street
Suite 300
St. Panl, MN 55101
(651) 291-8955
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STATE OEMINNESOTA )
) ss.
COUNTY OF NICOLLET )
Subscribed and sworn to before me this l.( day of October, 2000, by Rick
Lcwondowski, president of Edina Development Cotporation~
Notary~
This instrument was drafted by:
Com-i & MacAtihur Law Office
P.O. Box 369
705 Central Ave. East
St. Michael, MN 55376
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JEFFREY M. CHRISTIAN I
NOTARY PUBLIC - MINNESOTA
My Comm. Expires Jan. 31, 2005
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