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2004-08-06 Declaration Covenants, Cond, Restric, Easemts ," ,/ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS . .,... hi- THIS DECLARATION made this C!> day of August, 2004, by Gold Key Development, Inc., a Minnesota corporation, hereinafter called "Declarant"; RECITALS: WHEREAS, Declarant is the owner of certain real property located in Wright County, Minnesota, legally described in Exhibit "A" hereto attached, and Declarant desires to submit said real property and all improvements thereon (collectively the "Property") to the terms of this Declaration; and, WHEREAS, Declarant intends to develop the Property as single-family lots, all of them dedicated to residential use and create certain easements for the benefit and enjoyment of persons residing in the Property; and, WHEREAS, this development is exempt from the provisions of the Minnesota Common Interest Community Act pursuant to Minnesota Statutes ~ 515B.I-I02(e)(2); and NOW, THEREFORE, Declarant declares that the Property described in Exhibit "A" is and shall be held, transferred, conveyed, sold, leased, occupied and developed, subject to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, which are for the purpose of protecting the value, desirability and attractiveness ofthe Property, and which shall run with the Property and be binding upon all parties having any right, title or interest in the Property, their heirs, successors and assigns, and which shall inure to the benefit of each Owner thereof, and the heirs, successors and assigns of each Owner. Every conveyance of any of such lots, or any part thereof, or any interest therein, shall be and is subject to these easements, covenants, conditions and restrictions, as follows: 1 .. , ARTICLE I DEFINITIONS Section 1. The following words when used in this Declaration, or any supplemental declaration (unless the context shall prohibit) shall have the following meanings: A. "City" shall mean the City of Albertville, a Minnesota municipal corporation. B. "Declarant" shall mean Gold key Development, Inc., a Minnesota corporation, its successors and assigns if such successors and assigns should acquire all the then unsold undeveloped Property from the Declarant for the purpose of development. C. "Lot" shall mean each individual platted residential lot within the Property. D. "Owner" shall mean the record owner, whether one or more persons or entities, of a fee simple title to a Lot, which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. E. "Property" shall mean and refer to that certain real property described and defined in Exhibit "A" attached. F. "Residence" shall mean a single-family dwelling located upon a Lot. ARTICLE II ARCHITECTURAL CONTROLS Section 1. Architectural Control. There is hereby created an Architectural Control Committee to regulate and enforce the terms, conditions, covenants and restrictions of this Declaration. Section 2. Committee Membership. The Architectural Control Committee shall initially consist of at least one, but no more than three members, all of whom shall be appointed by the Declarant. Subsequent to the conveyance of the last Lot by Declarant and the completion of the construction of the home thereon, the Committee shall be deemed to have disbanded. Section 3. Procedure. No building, fence, exterior wall, pool, tennis court, shed, storage building, or other structure on the Property shall be erected, placed, removed, altered on the exterior (including alterations in color or appearance) or enlarged, until plans and specifications showing in reasonable detail the nature, kind, shape, height, materials, location, and colors of the same shall have been submitted to and approved in writing by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design and appearance with other structures within the Property, and as to location with respect to topography and finish grade elevation. Such 2 plans and specifications shall be accompanied by a landscape plan containing such detail as the Architectural Control Committee shall deem appropriate. In the event the Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or if no suit to e~oin the making of such additions, alterations or changes has been commenced within sixty (60) days of such submission, such approval will be deemed to have been given. If plans and specifications for any additions, plans or alterations have not been submitted to the Architectural Control Committee or its representatives, legal action may be commenced. A lawsuit seeking to e~oin or remove the unapproved additions, alterations or changes may be instituted at any time by any Owner. However, if the addition, alteration or change is readily visible from a public street, and no action or procedure has been commenced, nor written notice given by any Owner within one (1) year of the completion of the addition, alteration or change, such approval shall be deemed to have been given. . Section 4. Completion. Every structure mustbe erected and completed within eighteen (18) months of approval, or new approval obtained. If any structure is begun, and is not completed within eighteen (18) months after the commencement of construction, and in the judgment of the Architectural Control Committee is by reason of its incomplete state of offensive or unsightly appearance, the Committee, at its discretion after ten (10) days written notice to the Owner of the Lot, may take such steps as may be necessary, in its judgment, to improve the appearance so as to make the property harmonious with neighboring properties, including entering upon the Lot, completion of the exterior of the structure, screening or covering ofthe structure, or any combination thereof or similar operation, and the amount of any expenditure made in so doing shall be a lien on the Lot enforceable in like manner as a mechanic's lien, provided that no pre-lien notices shall have be required of the Architectural Control Committee. Section 5. Standards. The Committee shall strive to provide a high degree of protection to Owners with regard to appearance, privacy, and comfort. The following general restrictions and obligations shall apply: A. Land Use and Building. All Lots shall be restricted to residential purposes, except that Declarant may maintain a sales office and model units until Declarant is no longer the Owner of any Lot. No building shall be erected, altered, placed, or permitted to remain on any lot other than one Residence, which shall include an attached garage of not fewer than two (2) stalls, and one outbuilding which shall comply with all requirements of the City and shall have been approved by the Architectural Control Committee. B. Area Requirements. No residence shall be permitted on any Lot within Property unless it meets the following requirements as to interior area: 1. A one-story residence must have an above-grade finished area within the main structure of no less than 1,300 square feet, exclusive of garage, basement, open porch 3 or accessory structures thereto. 2. A split-level residence must have above-grade finished floor area of not less than 1,200 square feet for the finished ground floor, exclusive of garage, basement, open porch or accessory structure thereto. 3. A full two-story residence must have above-grade finished floor area of not less than 900 square feet for the finished ground floor, exclusive of garage, basement, open porch or accessory structure thereto. ' 4. A modified two-story residence must have above-grade finished floor area of not less than 1,000 square feet for the finished ground floor, exclusive of garage, basement, open porch or accessory structure thereto. C. Roofs. All roofs shall be constructed of roofing materials approved by the Architectural Control Committee and shall have at least a 6/12 pitch. D. Siding. All siding shall consist of low-maintenance materials approved by the Architectural Control Committee, including vinyl, cement board, stucco and brick. The front of each Residence must be sided with no less than two forms of siding and shall include brick or stone accents. E. Grading and Drainage. Grading of individual lots is subject to the terms of the Development Agreement with the City and will be considered individually for each Lot. Any changes to the grading of an individual lot must be approved by the Architectural Control Committee and will require approval of the City. F. Walls and Fences. No wall or fence may be built without approval of the Architectural Control Committee. The maximum height of any wall or fence shall be six (6) feet from the grade adjacent to the wall or fence at all points. No fences may be constructed forward of the most rear portion of the Residence. G. Exterior lighting. All exterior lighting shall be shown on plans, shall utilize direct task type fixtures, shall be as close to the grade as possible and shall be subject to approval of the Architectural Control Committee. H. Mailboxes. All mail boxes will be in the form of a tandem post serving two adjacent homes, as approved by the Architectural Control Committee. 1. House numbers. All house numbers will be in the form of "address stones" or other uniform style approved by the Architectural Control Committee. J. Pools and spas. The location, size and shape of all swimming pools, therapy pools, spas, and hot tubs are subject to review by the Architectural Control Committee. Pool and equipment enclosures must be architecturally related to the house in their placement, mass and detail. 4 K. Tree removal and planting. Approval of the Architectural Control Committee will be required for the removal of any tree with a trunk diameter of more than four (4) inches measured at a height of four (4) feet above the natural grade. Within six months after completion of construction of the Residence (or such earlier date as the City may require), the Owner of each Lot shall complete the planting of its landscape plan, which plan shall comply with all requirements ofthe City and shall have been approved by the Architectural Control Committee. . L. Setbacks. Setback distances from the street and side lot lines may be mandated by the Architectural Control Committee at distances in excess of the minimum distances established by City Ordinance, at the discretion of the Committee to preserve the integrity of the development and views from adjoining Lots. M. Building Materials. The Architectural Control Committee may reject plans which in its reasonable discretion include the use of building materials that are not generally compatible with materials used in Prairie Run. N. Additional Restrictions and requirements. The Architectural Control Committee may impose such additional restrictions and requirements as it deems appropriate, at the 'discretion ofthe Committee ARTICLE III PROHIBITED ACTIVITIES AND USES Section 1. Nuisances. No noxious or offensive activities shall be carried upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the Lots within the Property. Section 2. Livestock and Poultry: Domesticated Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in Property except that dogs, cats or other household domesticated pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. All household domesticated pets, most often dogs and cats, shall be restricted from entering onto any Lot other than the Lot of its owner, and the owner of any such household domesticated pet shall be responsible of the immediate cleanup and disposal of pet droppings. Section 3. Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste or household refuse shall be kept in sanitary containers. All containers or other equipment for the storage or disposal of such materials shall be kept within the garage forming a part of a Residence. Section 4. Temporary Structures. No structure of a temporary character, trailer, tent, shack, barn or other out-building shall be used on any Lot at any times as a residence, either temporarily or permanently. One construction trailer may be maintained on a Lot from the time construction of the 5 Residence has commenced until a Certificate of Occupancy has been issued by the City. Section 5. Signs. No signs of any kind shall be displayed to the public view on any Lot except as follows: A. Signs designating the location of easements; or B. signs not more than five square feet advertising the Lot for sale or rent by the then Owner; or C. any sign or signs used by the Declarant to advertise the availability of Lots until such time as Declarant no longer owns any Lot within Property. Section 6. Soil and Gravel Sale. Except as approved by the Architectural Control Committee, no sod, soil or gravel shall be sold or removed from the premises in this subdivision. All soil or gravel available from any excavation for the construction or alteration of a residence or any appurtenance on any Lot and by whomever owned shall be immediately hauled and stored at locations to be designated by the Architectural Control Committee. After the completion of backfilling with respect to each such Residence or appurtenance, all excess material shall be immediately hauled out of Property and shall be disposed of in compliance with all applicable laws, codes and ordinances. Section 7. Vehicles. No buses, trucks, house trailers, unlicensed automobiles, tractors or watercraft shall be parked, kept or stored on the property except on a temporary basis unless parked, kept or stored within a closed garage. For the purposes ofthis Section, "Temporary" is defined as no more than fourteen (14) days per year. Section 8. Tower Structures. No poles, posts, towers, or antenna may be installed that exceed seven (7) feet in height from grade. Small satellite dishes on houses are acceptable (not to exceed 3 ft. in width. An Owner may install one (1) pole-mounted basketball backboard and hoop either in the front yard or the Owner's Lot adjacent to such Owner's driveway or in the rear yard of the Owner's Lot. Section 9. Kennels. One kennel, not exceeding dimensions of six feet by twelve feet (6' x 12 '), may be constructed on each Lot within the Property, provided that such kennels comply with all requirements ofthe City. No other pet runs or animal houses will be allowed on any Lot within the Property. Section 10. Drainage and Utility Easements. No Residence or outbuilding may be constructed within the easements for the installation and maintenance of utilities and drainage which are reserved and shown on the recorded plat of Prairie Run. On all Lots within 30 feet of any wetland or storm water management pond, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the 6 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 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. ARTICLE IV GENERAL PROVISIONS Section 1. Enforcement. Enforcement of these covenants and restrictions may be by any proceeding at law or in equity instituted by any Owner against any person violating or attempting to violate any covenant or restriction, either to restrain violation, to compel compliance, or to recover damages, and against the land, to enforce any lien created by these covenants; and failure by any Owner to enforce any covenant or restriction herein contained in a particular instance shall in no event be deemed a waiver of the right to do so thereafter. Attorneys' fees and costs of any such actions to restrain violation or to recover damages as determined by the Court shall be assessable against and payable by any persons violating the terms contained herein. Section 2. Severability. Invalidation of anyone of these Covenants or restrictions by legislation, judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Duration and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Owner of any Lot subject to this Declaration, their respective personal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants and restrictions shall be automatically renewed for successive periods of ten (10) years unless terminated by a statement recorded within the last ninety (90) days of such twenty (20) or ten (10) year periods signed by not less than ninety percent (90%) of the Owners and by not less than fifty-one percent (51 %) of the holders of first mortgages, counting one (1) vote for each Lot covered by a first mortgage. Except as elsewhere herein provided, this Declaration may be amended: A. By Declarant as long as Declarant is the fee owner of at least one-half of the Lots; B. Thereafter, during the first twenty year (20) period by an instrument signed by not less than sixty-seven percent (67%) of the Owners; and C. Thereafter by an instrument signed by not less than fifty-one percent (51 %) of the Owners. Notwithstanding any other provisions of this Declaration, Article II, Section 5.E, Article III, Section 7 10 may not be modified or amended without the written consent of the City of Albertville. Any such amendment must be recorded. Section 4. Declarant's Joinder. In addition to the other requirements for amendment ofthis Declaration, the written j oinder and consent of the Declarant shall be required for any amendment of the Declaration until the last conveyance of a Lot to an Owner other than Declarant. This right may be waived in whole or part at any time by recording a written waiver executed and acknowledged by Declarant. Section 5. Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of such Owner at the time of such mailing. In the case of multiple Owners of a Lot, notice to anyone of such Owners shall be deemed notice to all. Section 6. Captions. The Article and Section headings are intended for convenience only and shall not be given any substantive effect. IN WITNESS WHEREOF, the said Gold Key Development, Inc., a Minnesota corporation, has caused this document to be executed as of the day and year first above written. Gold Key Development, Inc., a Minnesota corporation By~eo---- K. ~~ Dean R. Johnson Its: Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this h bay of August, 2004 by ~;:e ~~~::t~~~the Secretary of Gold Key Dele~opm'1en~t, Inc., a Minnesot1 corporation, on behalf \/Vl. _-=-- Notary Public . DRAFTED BY: \ WENDYB,ETHEN NOTARY PUBLIC - MINNESOTA John H. Brennan My commission Expires 1-31-2005 Attorney at Law 125 West Lake Street Wayzata, MN 55391 8 EXHIBIT "A" The Property Lots 14 through 38, inclusive, Block 2; Prairie Run, Wright County, Minnesota, according to the plat thereof, CONSENT OF MORTGAGEE Alpine Capital, LLC, a Minnesota limited liability company, hereby consents to the attached Declaration of Covenants, Conditions, Restrictions and Easements. Alpine Capital, LLC, a Minnesota limited liability company By: ])q.. .>~V ~ Swenson Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 10~ay of August, 2004, by Dane J. Swenson, the President of Alpine Capital, LLC, a Minnesota limited liability company, on behalf of the limited liability company. WENOY B. ETHEN Y PUBLIC - MINNESOTA NOTAR . 'on expires 1-31-2005 My CommlsSI L --"