1997 Townhome Declaration of Protective Covenants
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CEDAR CREEK TOWNHOMES
DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION is made this day of 1997, by the
undersigned fee owner of the following described land (hereinafter referred to as
"Declarant"):
(Phase 2,3, and 4 golftownhome lots as shown on the PUD Master Phasing Plan)
WHEREAS, Declarant hereby imposes upon and subjects said Lots, for the
benefit of said Lots only and the present and future owners thereof, to the following
conditions, restrictions, reservations and covenants which shall operate as restrictions
passing with the conveyance of every Lot and shall apply to and bind every successor in
interest.
1. DEFINITIONS. The following words or terms used in this Declaration shall
have the meanings herein ascribed to them.
a.
"Developer" means Pilot Land Development Company, a Minnesota
corporation, its successors and assigns.
"Lot" means any Lot included within the scope of this Declaration and as
shown upon the recorded subdivision plat of Cedar Creek North and Cedar
Creek South in Wright County Minnesota.
"Lot Owner" means the record owner, whether one or more persons or
entities, of title to any Lot subject to these covenants, including vendees of
a contract for deed.
"Plot" means an area of land consisting of any Lot and part of another Lot,
or a part of any Lot, or parts of two or more Lots.
b.
c.
d.
2.
TYPE OF STRUCTURE PERMITTED. No Lot or Plat shall be used
except for residential purposes. No structure shall be erected, altered, placed or
permitted to remain on any Lot or Plot other than one (1) unit of a 2 unit
townhome dwelling not to exceed two (2) stories in height, and a private garage
for not less than two (2) automobiles. Garages shall be directly attached to the
dwelling. Outside storage buildings for the Association may be erected provided
they have prior approval of the Architectural Control Committee and provided
that the exterior of the storage building be of the same color and material as the
exterior of the residential structure. Structures erected or placed on any Lot or
Plot must be in harmony with the residence in respect to workmanship, materials
and external design.
Front exteriors must be 50% stucco, brick, stone, wood or glass. Maintenance-
free siding will be allowed on the front of residential structures in combination
with stucco, brick, stone or wood and on the sides and rear of residential
structures with Architectural Control Committee approval. At its sole discretion,
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Declarant may waive this requirement due to the architectural theme or style of
the house. The type, manufacturer and specification of the proposed maintenance-
free siding must be approved in advance by the Developer. The roof line for all
residential structures must have a minimum 6/12 pitch or be approved by the
_. Architectural Control Committee. Construction of model homes is expressly
permitted as long as they conform to the restrictions hereby created.
3.
PLACEMENT OF STRUCTURES. No structure shall be located on any
Lot nearer to a front lot line, a rear lot line, and interior lot line or nearer to a side
street right of way line, if any, than the applicable City of Albertville ordinance as
related to this subject plat shall allow. For purposes of the covenants and
restrictions set forth in this paragraph 3, eaves, steps, fireplaces, and open porches
shall not be considered as part of a building, provided, however, that this shall not
be construed to permit any eave, step, fireplace, or open porch on a Lot to
encroach further into a setback area than the applicable City of Albertville
ordinance, as it relates to this plat, allows.
4.
BUILDING AREA. The size of any building or structure, exclusive of one-story
open porches, basements, and garages, shall be:
a)
In the case of a single floor structure, not less than 1050 square feet of
finished living space on the main level; 4 season porches shall count as
living area so long as they are part of the initial plan set.
b) In the case of a split-entry structure, not less than 1400 square feet of
finished living space on both floors.
c) In the case of a one and one-half story structure, not less than a combined
total of 1400 square feet of finished living space for both floors.
d) In the case of a two-story structure, not less than a combined total of
finished living space for both the ground and second floors of 1400 square
feet.
5. STRUCTURES AND BOULEVARD NOT TO BE USED FOR
RESIDENTIAL PURPOSES. Not trailer, basement, tent, shack, garage, barn,
or outbuilding erected on the premises shall at any time be used as a residence
temporarily or permanently, nor shall any structure of a temporary character be
erected, used or occupied for residence thereof; nor shall any building not
completely finished on the exterior be occupied as a residence.
6. SITE SEEDING AND/OR SODDING. The common area lot shall be owned
and maintained by an association.
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7.
ARCHITECTURAL CONTROL COMMITTEE. There is hereby created an
Architectural Control Committee ("Committee") which shall initially be
composed of the partners of Pilot Land Development Company, 13736 Johnson
Street NE, Ham Lake, MN 55304.
A majority of the Committee may designate a representative to act for it. In the
event of a death or resignation of any member of the Committee, the remaining
members shall have full authority to designate a successor. Neither the members
of the Committee, nor its designated representative, shall be entitled to any
compensation for services performed pursuant to this covenant. At any time after
100% of the Lots affected by this Declaration have been sold by Declarant, or its
successors and assigns, to owners who reside in dwelling constructed on said
Lots, the said owners of the majority of the Lots affected by this Declaration shall
have the power through a duly recorded written instrument to change the
membership of the Committee or to modify, expand or restrict its powers and
duties.
8.
ARCHITECTURAL CONTROL. No structure shall be erected, placed, or
altered on any Lot or Plot until the construction plans and specifications and a
plan prepared by a registered surveyor showing the location of the structure have
been approved by the Architectural Control Committee as to quality of
workmanship and materials, harmony of external design with existing structures,
and location with respect to topography and finished grade elevations. The
Committee's approval or disapproval as required by these covenants shall be in
writing. In the event the Committee, or its designated representative, fails to
approve or disapprove within thirty (30) days after plans and specifications have
been submitted to it, the applicant must notify the Committee via registered mail
requesting approval or disapproval. If within ten (10) days after receiving said
notice the Committee or its designated representative fails to approve or
disapprove the plans, or, in the event, if no suit to enjoin the construction has been
commenced prior to the completion thereof, approval shall not be required and the
related covenants shall be deemed to have been fully complied with. If at any
time the Committee has ceased to exist as such, and has failed to designate a
representative to act for it, the need for committee approval shall be dispensed
with.
9. LOT USE. No obnoxious or offensive activity shall be carried on upon any Lot
or Plot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
10. SIGNS. No sign of any kind shall be displayed to the public view on any Lot
except one sign of not more than six square feet advertising property for sale or
rent.
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11.
FENCES. No fence or wall shall be erected or placed on any Lot without the
approval of the Architectural Control Committee, nor shall any fence or wall be
erected nearer to any side yard than the minimum setback allowed under the
Albertville fence ordinance, if any. In no case shall fences be constructed nearer
to the street than the principal structure.
12. KEEPING OF ANIMALS. No animals of any kind shall be raised bred or kept
on any Lot or Plot, except that dogs, cats, or other household pets may be kept,
provided that they are not kept for any commercial purpose and are housed in the
main dwelling or garage.
13. OUTSIDE GARBAGE RECEPTACLES. No outside incinerators, trash
burners or garbage receptacles shall be installed or erected on any Lot or Plot.
This covenant shall not be construed to prohibit the use of outdoor barbecues or
fireplaces.
14.
RECREATIONAL EQUIPMENT. Recreational equipment is defined for the
purposes of this Declaration as travel trailers, pickup campers or coaches,
motorized dwellings, trailers, snowmobiles, fish houses, A TV's, boats and
trailers. No recreational equipment shall be used on a lot for living, sleeping or
housekeeping purposes. No recreational equipment shall be parked on any Lot,
Plot, or appurtenant street or parking stall for a period longer than twenty-four
(24) consecutive hours in any week without Association Board of Director
approval. In addition, no abandoned vehicle shall be parked on any Lot, Plot, or
appurtenant street for a period longer than three (3) consecutive days.
For purposes of these covenants, any automobile, van, motorcycle, or other
motorized vehicle which is parked in the same location without use for more than
seventy-two (72) consecutive hours because of vehicle failure, or because of
substantial deterioration causing the vehicle to lose all or virtually all economic
value except scrap value, shall be presumed to be an abandoned vehicle.
15. RADIO, SATELLITE AND TELEVISION ANTENNA, ETC. No radio or
television broadcasting or receiving antenna or other similar apparatus shall
extend above the roof of the dwelling, unless otherwise permitted by FCC rules.
Conventional TV antennas should be mounted within the attic of the structure.
Any receiving or broadcasting equipment to be located outside the structure shall
be screened from view from streets and adjacent lots. No such equipment shall be
erected without prior review and approval of the Architectural Control
Committee.
16.
EASEMENTS. Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat and over the rear
five feet of each Lot. Within these easements, no fence, structure, planting or
other material shall be placed or permitted to remain which may damage or
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interfere with the installation and maintenance of utilities, or which may change
the direction or flow of water through drainage channels in the easements. The
easement area of each Lot 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.
17.
AMENDMENT. The provisions of this Declaration may be revised, amended,
rescinded, or restated as may be required or deemed necessary at any time by the
Lot Owners. Any such change shall be in writing by owners of 75% of the Lots,
based upon one vote for each Lot owned. When more than one person or entity
holds an interest in a Lot, the assent for any change of these covenants shall be
exercised as they between or among themselves shall determine, but in no event
shall more than one vote inure to any Lot. No such change shall be effective
except upon recordation with the County Recorder of Wright County, Minnesota,
of the amendatory instrument.
18.
LANDSCAPING. Plans for the entire buildout shall be part of the development
and progress through installation of structures in an orderly fashion. The final
plantings will be maintained by an association and shall be installed within 30
days of a final Certificate of Occupancy, weather permitting.
19.
ENFORCEMENT OF COVENANTS. Enforcement of these covenants shall be
by proceedings at law or in equity to restrain violations or to recover damages
against any person or persons violating or attempting to violate any covenants.
Any action brought to enforce these covenants must be brought within six (6)
months after the violation of covenants first occurred.
20.
INVALIDITY OF COVENANTS. The 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.
21.
DURA nON OF COVENANTS. These covenants shall 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, restrictions and conditions are
recorded, after which time the same shall be automatically extended for
successive periods of 10 years unless an instrument signed by a majority of the
then owners of the Lots has been recorded, agreeing to change the same in whole
or in part.
22.
DE CLARA nON OF WETLANDS RESTRICTIVE COVENANTS.
Declarant does hereby declare and impose Wetland Restrictive Covenants over
and across portions of the following Lots in Cedar Creek Addition:
(To be determined at final plat)
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Said wetlands are designated as easements on the recorded plats of (Cedar Creek
North and South).
The owners or occupants of the above-described Lots shall not do any affirmative
-. act to reduce or restrict the natural flow of water into or out of the designated
wetland area; berm, fill or drain the wetland area; mow, trim or remove any
vegetation, grass or trees; add or plant any vegetation, grass or trees; construct any
fences or structures within the wetland area; or do anything that would directly or
indirectly diminish, damage or destroy the wetland area or change or alter the
wetland character/area.
The owners or occupants of the above described Lots, or their agents, shall have
the right to remove diseased or dead trees, or noxious weeds or growth from the
designated wetland area, provided prior written approval is first obtained from the
Albertville Administrator.
These restrictions and covenants are to run with the land, and shall be binding
upon all parties and all persons claiming under them, and their heirs, successors
and assigns.
If there shall be a violation or an attempt to violate any of these Wetland
Restrictive Covenants, any person or persons owning any real estate situated in
this subdivision, or the City of Albertville, shall be authorized to commence and
pursue proceedings at law or in equity against the person or persons violating or
attempting to violate these restrictive covenants, to prevent himlher or them from
so doing, and/or to recover damages for such violation, which may include
restoration of the wetland to its original condition.
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IN WITNESS WHEREOF, the Declarant has caused these presents to be executed
this day of , 1997.
Pilot Land Development Company
By
Its President
STATE OF MINNESOTA)
SS.
COUNTY OF ANOKA)
The foregoing was acknowledged before me this day of
, 1997, by Kent Roessler, the President of Pilot Land
Development Company, a Minnesota corporation, on behalf of the corporation.
Notary Public
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