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No Date Declaration of Covenants / ,-- 1~ DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS The Declarant-Developer is the owner of certain lots and blocks in the plat of Westwind, Wright County, Minnesota; and Declarants intend to have single family residences constructed on all of said lots; NOW. THEREFORE, Declarants hereby declare that all of the properties described above shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I. DEFINITIONS For the purpose of this Declaration, the following terms shall have the meanings herein ascribed to them: ~ect ion .L... "House" shall mean and t~efet~ to any residential building situated upon the Properties designed and intended for use and occupancy as a residence by a single family, excluding garage. Section 2. "Lot" shall mean and t~efer to any pot"'tion of land in the Properties upon which a House is situated. See t ion 3. "Ownet~ sha 11 mean and t~efet~ to the t~ecot~d owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers and vendees, but excluding those having such interest merely as security for the performance of an obligation, and excluding those having a lien upon the property by provision or operation of law. Sectl.Q!l h "Pt~opet~ties" shall mean and t~efet~ to the t~eal property hereinbefore described. Section 5. "City" shall mean the City of Albertville, Wright County, Minnesota. ARTICLE II. BUILDING AND USE RESTRICTIONS Section ~ Property Uses. No lot or House shall be used except for residential purposes. All uses and construction on lots shall comply with all City Codes and Ordinances and the Developers Agreement with the City. Section 2. ~etbacks. Any house constructed on any lot shall meet the setback re9uirements established by the City for the P.U.D.. Exhibit (1) specifically details those set backs. This includes all setbacks and other restrictions on all easements in the plat. Section 3. Architectural Approval. No homes shall be constructed upon any of the lots until the model, including exterior finish schedule, and floor plan have been approved by the architectural representatives of the Declarant- Developet~. Architectural approval is additionally re9uired for all other improvements such as fences, dog kennels etc.. George W. Yankoupe is hereby designated as the architectural t~ep t~esen ta t i ve. See t i on ~. Dt~ i veways. All d t~ i veways sha 11 have a blacktop or cement driveway upon closing or to be completed within designated escrow period. Sectiol1 5. Easements. No us'e, including placement of fill, structures or fencing shall be allowed in drainage or access or pipeline easements, iricluding easements located over storm sewer pipe. Owner shall check with the City to identify all such easements as they affect their Lot. ?ection ~ No Noxious Activity. No noxious or offensive activities shall be conducted on any lot or Living Units, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners as per the applicable city ot~dinances. See t i on ~ Gat'ba!=le and Refuse Remova 1. No Lot sha 11 be used or maintained as a dumping grounds for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. No refuse containers shall be placed on the front side of house except on designated pick-up days. Sect ion ~ No ~n imals ~xcept E'ets. No fowl, an imals or insects shall be kept on any living Unit or Lot except dogs, cats and other common household pets, provided that they are not kept, bred or maintained for any commercial purposes. ( 2) Section ~ Prohibited Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, or other building except a permanent residence, shall be constructed on any Lot, either temporarily or permanently. No unsightly or unlicensed vehicles may be stored on any lot. No camper, motor home, recreational vehicle, boat, trailer, bus or truck may be stored on the exterior of any home or garage longer than 48 hours. gecl..J.Q!l lC~ !::1Q.del s.nd.. giale,.a !::!..S?~. All use het~ein notwithstanding, any Living Unit may be used for a model family residence building, or for a real estate office with customary development signs during the development period of the Developer, its successors or assigns. Section ~ Hazardous Activities Prohibited. No owner shall engage in or permit any activities in his Living Unit, or maintain or permit any condition in his Living Unit, which would be considered hazardous by fire insurance companies or could adversely affect the insurability of the Living Unit. Section 12. LandscapirHh The boulevat"ds and front yat~ds of each lot shall be sodded and each lot shall have a front yard or boulevard tree. Front and road side yards shall be sodded on corner lots. Owner shall seed or sod remainder of side and back yards within three months of completion of housing construction, weather permitting. In the event of winter construction, these items shall be done no later than July I of that year. Section 13. Do!=! Kennel~.L 'Any dog kennels shall have a poured concrete base with steel fencing and shall be attached to the house or garage. SectiQ!l ].4. Fen.~?...!!... No fence constructed on a Lot shall have a height of greater than six (6) feet. ~ect ion l~... Antenna. No Antenna shall be hi9het~ than 6' above the height of the roof of the home. Section 16. Satellite Dishes. No satellite dish of more than 3' feet in diameter shall be allowed on property. Satellite Dishes shall have a permanent foundation to the ground and not be attached to the house in any fashion. Satellite Dishes shall not be installed in front or side yat~ds. Section 17. Outside Stora!=!e. There will be no outside storage of tools, equipment or material. ( 3 ) Section ~~ Maintenance of Berm. The Declarant- Developer will continue the screening and separation berm between the single family residential area and the areas zoned for multi-purpose use. This berm will be the extension of the berm which now exists along the southerly boundry of Lot 2 and 3, Block 1, Phase I. This berm will extend along the northerly boundary of Lots 15,16,17, and 18 of Block 1, Phase II. It is hereby declared to be the obligation and responsibility of the owners of each of the lots described in this section to at all times maintain said berm and trees in a condition satisfactory to the City. Upon a failure of the said affected lot owners to maintain the said berm and trees, the City has, after first giving thirty (30) days mailed notice to the affected lot owners, the right, privilege and authority to go upon the said affected lots over and across the utility and drainage easement area dedicated in the plat of Westwind, and maintain or replace the said berms and trees. If the City does so perform said maintenance or replacement, the City shall be entitled to replace or maintain them to the City's satisfaction and to then assess the costs thereof to all the affected lots in said plat, the said assessment shall be payable in one (1) year. The provisions of this paragraph 18 may be amended or changed by written amendment of these Declarations signed solely by the City of Albertville and the owner of the affected lots. The benefit of the restrictions in this paragraph 18 do not run with the lots other than Lots 1 through 15, inclusive, of Block 3 and Lots 5 through 8, inclusive, Block 1 and Lot 9, Block 1, Phase I, and Lots 4,5,6,14,15,16,17,and 18, Block 1, Phase II. Section 19~ Commercial and Multi-fami~ ~ of AdjoininR Pt~O~~~ Each pUt~chaser of a lot within the Planned Unit Development of Westwind is hereby advised that the premises to the East of Block 3 of Phase I are zoned for commercial uses and that the premises to the West of Lots 5,6,7,and 8, Block 1, Phase I, as well as the premises to the North of Lots 4,5,6,14,15,16,17,and 18, Block 1, Phase II are zoned for multi-family uses and by purchasing a lot within the plat of Westwind each owner acknowledges the intended future uses of said premises and consents to such use. ARTICLE III. GENERAL PROVISIONS Section ~ Enforcement. Any Owner shall have the right to enforce, by any proceeding at law or in equity, or both, all of the terms and provisions of Article II of this Declaration. Enforcement shall by proceedings at law or in equity again.t any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. ( 4 ) Section 2. geverabilitv. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Section ~. Amendments~ These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive perio~s of 10 years unless an instrument (i) signed by a majority of the then owners of the lots has been recorded, and <ii) approved and signed by the City of Albertville, has been recorded agreeing to change said covenants in whole or in part. In witness Whereof the undersigned being the Declarants herein have caused these presents to be executed thi$ 22nd day of June, 1991. John George Inc. by Its President by Its Secretary ( 5 ) At STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foresoins was acknowledsed before me this 3rd day of June, 1991, by John F. Darkenwald and Georse W. Yankoupe, the President and Secretary-Treasurer of John Georse Inc., a Corporation under the laws of Minnesota, on behalf of the COt~pot~a t ion. Notat~y Publ ic CONSENT OF MORTGAGEE Security State Bank of st. Michael, a Minnesota Corporation, Mortsasee of record with respect to the Lots and Blocks herein described, hereby consents to the within Declaration of Covenants, Conditions and Restrictions. Its STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) The foresoing instrument was acknowledsed before me this 3t~d day of June, 1991 by_____________ the _ of Security State Bank of St. Michael, a Minnesota Corporation, on behalf of said corporation. Notary Public ( 6 ) -t -. n ... - r- o "" . '. . '; I . . . . . . I . en .. .'" . . . ... "-2 CD ~ :"0 c: ..... = .-rn 0- .. ;".. .. . :II .. It. .. . -- . ... CI) ...... .. . .. CII.",.C: . . CD ,0 .. i . 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