2002-06-27 Declaration and Covenant to Maintain Road Center Islndc~~~~
DECLARATION AND COVENANT TO MAINTAIN ROAD CENTER ISLAND
This Declaration and Covenant to Maintain a Road Center Island is made and executed
this °~~iay of~yi~E; 2002 by Pilot Land Development Company, a Minnesota corporation
(hereinafter "Declarant").
RECITALS:
WHEREAS, Declarant is a developer of certain real property located in Wright County,
Minnesota and legally described as Lots 1-13, Block 1, and Lots 1-10 Block 2, Cedar Creek
South Fifth Addition;
WHEREAS, it is anticipated that each lot shall contain one single family home thereon;
WHEREAS, to improve the aesthetic value of the neighborhood, Declarant has
constructed a road median center island with grass and landscape plantings ("Improvements") on
Karston Court, which lies within Cedar Creek South Fifth Addition;
WHEREAS, Declarant desires that the lots immediately surrounding said center island
be required to maintain the landscaping installed by the Declarant within the center island so that
they maintain their installed aesthetic qualities;
WHEREAS, the Declarant desires to have the lot owners and their heirs and\or assigns
agree to a method of maintaining the landscaping in the center island through perpetuity.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is hereby agreed as follows:
1. The owners of Lots 9, 10, 11 & 12, Block 1, and Lots 3 & 4 Block 2 Cedar Creek
South Fifth Addition and their successors and assigns shall keep and maintain the improvements
now or hereafter located in the center island lying across from said lots on Karston Court in good
order, condition and repair, and shall replace such improvements as is required to keep them in
good order and condition. Such improvements shall consist of landscaping for the center island
(including trees, shrubs, mulch and sod). Such maintenance, repair and replacement shall
include without limitation, mowing of grass, removal of trash and debris, pruning and replacing
the plant life contained thereon.
2. All costs of maintaining, repairing and replacing the improvements in the center
island as provided in the above-mentioned paragraph shall be shared equally by the owners of
the lots subject to this Declaration.
3. If an owner defaults in any obligation requiring the payment of money associated
with maintenance and repair of the center island and fails to cure the default within thirty (30)
days after receipt of written notice of such default and fails to proceed diligently thereafter to
cure such default, any non-defaulting lot owner who is subject to this Declaration may exercise
its remedies or relief as maybe allowed at law or in equity, including without limitation, suit for
collection of amounts owed hereunder and for specific performance of the covenants contained
herein.
4. Notwithstanding anything in this Declaration to the contrary, the time for
performance of any obligations of this Declaration shall be extended by the number of days of
any delays in the commencement of performance of operation, construction, reconstruction,
repairs, maintenance or replacement costs by acts of God, civil commotion, embargo, riots,
strikes, picketing or other labor dispute, unavailability of labor or materials or damage to work in
progress resulting from fire or other casualty and all other events which are beyond the
reasonable control of the effected party (except for unavailability of funds).
5. The invalidity of any covenant, restriction, condition, limitation, provision,
paragraph or clause of this Declaration, or any part of the same, or the inapplicability thereof to
any person or circumstance, shall not impair or affect in any manner the validity, enforceability,
or effect of the rest of this Declaration, or the inapplicability of any such covenant, restriction,
condition, limitation, provision, paragraph or clause to any other person or circumstance.
6. This Declaration shall be construed in accordance with the laws of the State of
Minnesota.
7. All rights and easements ratified, confirmed, established, granted, reserved and
consented to by this Declaration are appurtenant to the Lots listed in paragraph 1 and shall run
with the land and, except as provided otherwise herein, shall inure to the benefit of and be
binding on all present and future owners of the Lots and their respective successors and assigns.
~~, IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this
day of ~, 2002.
PILOT LAND
(a Minnesota cy
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF Ano I~a )
LOPMENT COMPANY
The forego g instrument was acknowledged befor me this ~2 ~ day of , 2002,
by ~•~ `~~.Q.dl~-•~ ,the ~~ ~~~/ of LOT LAND
DEVELOPMENT COMPANY, a Minnesota corporation, on behalf of said corporation.
- ^~
(_ ~ . ~~
(Notarial Seal) Notary Public
THIS DOCUMENT WAS DRAFTED BY:
Ernest F. Peake
Leonard, O'Brien, Wilford, Spencer & Gale, Ltd.
100 South Fifth Street, Suite 1200
Minneapolis, Minnesota 55402
(612}332-1030
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