1998-11-12 Recorded Declaration of Protective Covenants •
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MARCIA LAN 10. CO,RECORDER
$Y b ' -- - DENT Y
CEDAR CREEK SOUTH ADDITIONS 4-1/47' U c► # -71/6—
DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION is made this 3/ day of 1998, by the undersigned fee
owners of the following described land (hereinafter referred to as "Declarant "):
(Attached Exhibit A)
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.
b. "Lot" means any Lot included within the scope of this Declaration and as shown upon
the recorded subdivision plat of Cedar Creek South in Wright County, Minnesota.
c. . .. "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.
d. "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.
2. TYPE OF STRUCTURE PERMITTED. No Lot or Plat shall be used except for residential
purposes. No two houses of the exact same design may be placed adjacent to each other. No
primary structure shall be erected, altered, placed or permitted to remain on any Lot or Plot other
than one (1) detached single family dwelling not to exceed two (2) stories in height as viewed
from the front, and a private garage for not less than two (2) automobiles. Garages shall be
directly attached to the dwelling. Exteriors shall have accents of stucco, brick, similar veneers or
stone on the garage wall areas either side of the doors and on a portion of the front living area.
(Maintenance-free siding is encouraged on the front of residential structures in combination with
stucco, brick, stone, veneers or wood and on the sides and rear of residential structures.) At its
sole discretion, 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 by the Architectural Control Committee. The roofline for all residential
structures must have a minimum 6/12 pitch or greater. Construction of model homes is expressly
permitted as long as they conform to the restrictions hereby canted.
• `. "RIGHT TITLE GUARANTEE CO.
P.O. BOX 315
11ServerOI l company \PILATIDECLCCS1.doc 109 SOUTH SECOND STREET 1 /07J98
BUFFALO, MINNESOTA 55313
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• ACCESSORY BUILDINGS Outside accessory storage buildings may be erected on lots not
having direct frontage on Cedar Creek golf course 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. Accessory structures are not
permitted on lots with golf course frontage. Structures erected or placed on any Lot or Plot must
be in harmony with the residence in respect to workmanship, materials and external design.
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. Several lots
within the plat use a sliding front setback shown on the development plan. No structure shall be
closer to the street than allowed by said plan. 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.
Minimum front setback: 30'
Minimum Side yard setback 10'
Rear yard setback 30'
4. BUILDING AREA. The minimum living area size of any building or structure, exclusive of
one -story open porches, basements, and garages, shall be greater than the Albertville minimum
square footage of' 960 square feet.
a) Garages shall be 480 square feet or greater. Golf Course frontage lots shall permit rear
egress doors for golf cart ramps. If a two -car garage plan is submitted, space for a three -
car garage addition shall be shown on the survey and the house sited accordingly.
b) Plans shall identify the finished and unfinished square footage of the structure, and
mortgage price to comply with sales price goals over the subdivision.
c) Decks and patio areas shall be indicated on the plans, regardless of the intended time of
construction. If ledger boards are shown on an above level egress door, a deck is
implied.
5. STRUCTURES AND BOULEVARD NOT TO BE USED FOR RESIDENTIAL
PURPOSES. No 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 front and side yards through the rear plane of the
house of each lot shall be sodded or seeded with bluegrass varieties within one (1) month of
occupancy, or by June 1 if occupancy occurs during a winter month. Lots with any frontage on
Cedar Creek golf Course shall have the entire lot sodded. The Lot Owner shall accept
responsibility for site maintenance and for controlling storm water runoff or erosion. The Lot
Owner shall correct all site maintenance or drainage problems within fifteen (15) days of
receiving written notice from the City of Albertville or the Developer. After said 15-day notice
period, the Developer and/or the City of Albertville shall have the right to enter the property,
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• correct the site problem and bill the Lot Owner for the work done. Lots not on golf course shall
have established acceptable grasses within six (6) months of occupancy.
7. ARCHITECTURAL CONTROL COMMITTEE. There is hereby created an
Architectural Control Committee ("Committee ") which shall initially be composed of the
President and the Land Development Director or assigns of Pilot Land Development Company,
13736 Johnson Street NE, Ham Lake, MN 55304. 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 not fronting on Cedar Creek Golf Course 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 site survey plan prepared by a
registered surveyor showing the location of the structure have been submitted to and approved by
the Architectural Control Committee as to quality of workmanship and materials. 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
fourteen (14) 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 seven (07)
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 any com lied with. If at 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 &splayed to the public view on any Lot except one sign of
not more than six square feet advertising property for sale or rent.
11. FENCES & DECKS. No fence or solid wall greater than 4' shall be erected or placed on any
Lot without the approval of the Architectural Control Committee, nor shall any fence or wall be
erected within any right of way 30' corner visibility triangle per the City of Albertville ordinance.
Decking or fence materials of green treated wood are prohibited from view to persons outside of
the lot. Green treated posts shall be wrapped with brick, cedar, siding to match structure, painted
or otherwise screened from view. No fences shall be permitted on lots with golf course frontage
without ACC approval.
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 overnight in the main dwelling or garage, or a
physical extension of the garage. "Invisible fences" shall be allowed for pet restraint. Animals
shall not be allowed to be unrestrained off the lot. Lot owners within the plat shall be able to
videotape violators of this section for purposes of civil disputes.
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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, or composting containers.
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, ATV'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 for a period longer than forty-eight (48) consecutive hours
in any week, unless housed within the structure setback area. In addition, no unlicensed or
vehicle shall be parked on the yard area of 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 more than 3' above the
roof of the dwelling. 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
reasonably screened from view from streets and adjacent lots. No such equipment shall be
• erected without prior review and approval of the Architectural Control Committee, unless
otherwise permitted by Federal regulations.
16. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities
are reserved as shown on the recorded plat and by document over portions of the rear, side or
front yards, depending on the Lot location. Within these easements, no fence, structure, 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 direction or flow of water
through drainage charmels in the easements. Any of the above placed in said easements may be
removed or damaged by various public or private entities having easement authority without
compensation to the Lot owner. 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. Homeowner without creating any fill or
obstruction must maintain drainage swales marked emergency overflow set by Declarant.
17. AMENDMENT. The provisions of this Declaration maybe 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 two votes for each vacant
Lot owned, and one vote for each Lot in receipt of an occupancy permit. 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. SHRUBS & YARD TREES. The initial Lot purchaser shall be responsible for the planting of
two mandatory 2.5 " caliper front yard or front boulevard trees. Corner lots with 4 sides shall
plant (3) 2.5" caliper trees. Lots with golf course frontage shall be required to install two
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• additional (2) 2" caliper trees and a minimum of ten (10) shrubs in the rear yard area within six
months of occupancy. Planting shall occur not later than the schedule for sodding set forth in
Paragraph 6 hereof.
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. DURATION 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 (30) thirty years. For all lots
with a certificate of occupancy not fronting on Cedar Creek Golf Course, a release from further
ACC involvement may be issued by the ACC. If a majority of the then owners of the platted Lots,
subject to release, agree to maintain or extend the ACC function, the Developer shall assign via
amendment to the affected lot owner in whole or in part.
22.. ADDITIONAL REAL ESTATE. The Outlots listed on attached exhibit A represent more than
one single family lot and will become additional lots to the project prior to the year 2005 and
shall be granted full voting authority to the owner of record at the development stage plan
approved lot count. Upon the final plat recording changing the legal description, an amendment
to these covenants shall be recorded simultaneously.
IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this
• 3, •d day of A/,f1040 , 1998. _
Pilot L. , Developme • •. y. ,
By / i��
` - --
I dent
STATE OF MINNESOTA)
SS.
COUNTY OF 44 ) _ _
The foregoing was acknowledged before me this 31rZ( day of itld[/ ,44 ,
1998, by Kent Roessler, the President of Pilot Land Development Company, a Minnesota Corporation, on
behalf of the corporation.
�,� r . �' A PATRICIA P RATT ��� ,J 42e
- - •-
NOTARY PUBLIC - MINNESOTA Notary Public
�.• MY Comm. Exp. Jan. 31, 2 • , •
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• EXHIBIT A
Lots 2 to 8, Block 1;
Lots 1 to 4, Block 2;
OutIots A, B and C,
All within the recorded plat of CEDAR CREEK SOUTH on file with the Wright
County Recorder.
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