2003 Declaration of Protective Covenants •
110
•.
•
DECLARATION OF PROTECTIVE COVENANTS
• This Declaration is made and executed this day of
Edina Development Corporation, a Minnesota corporation, hereinafter referred to as "Declarant".
• WHEREAS, Declarant is the Owner of the following real property located in Wright
County, Minnesota, to -wit:
Lots 1 through 13, Block 1; Lots 1 through 8, Block 2; Lots 1 through 7, Block 3; Lot 1,
Block 4; Lots 1 through 17, Block 5, Lots 1 'through 21, Block 6, and Block 7; all within the plat of Albert Villas 6th Addition, Wright County, Minnesota on
file and of record in the Office of the Wright County Recorder.
AND WHEREAS, Declarant desires to create and establish a uniform plan for the benefit
of all of
the Owners of the • above described real: property •to continue as covenants running with •
the land..
NOW THEREFORE, Declarant hereby declares that the above- described real property
shall be held, sold,. conveyed, subject to the following protective covenants, which shall run with
the land and be binding on all parties having any right,. title, or interest therein or any part thereof,
their heirs, successors, and/or assigns, and shall inure for the benefit of each Owner thereof.
ARTICLE I
•
DEFINITIONS
For the purpose of this Declaration, the following terms shall have. the meanings herein
ascribed by them:
•
- Section 1: "Lot" shall mean and refer to any platted plot of land, upon which a house and/or
garage is located or is intended to be located as . shown upon any recorded plat of the above-
referenced Property.
•
• Section 2: "Owner" shall mean and refer to the record Owner, whether one or more persons or
entities, of fee simple title to any Lot which is a part of the Property, 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.
Parc 1 of 5 Paacs
•
•
900 /Z002 sdopjrngamog In 9ntM9L IVA L£ :ZT Z LOOZ /n/L0
•
•
Section 3: "Property" shall mean and refer to the real property above described.
• Section 4: "City" shall mean the City Y of Albertville in the County of Wright, State of Minnesota.
ARTICLE II
BUILDING AND USE RESTRICTIONS
• Section 1: Property Uses. All the Lots shall be used only as residential Lots and shall be
improved and occupied in accordance with these restrictions and covenants. The following
activities shall not be considered a violation of this Covenant:
A. The use of a dwelling by an Owner for home office or studio uses which are incidental to the
principal residential use of a Lot, which do not invite or generate regular frequent visits by
clients, customers, delivery persons, employees, co- workers or the public and which do not
alter the residential character of the Property.
B. The use of a Lot by an owner as a home day care, licensed by all appropriate governmental
authorities which does not alter the residential character of the Property.
C. Use by the Declarant or its designee for a business and sacs office and models during the
construction and sales period;
Section 2: Dwelling Guidelines.
A. Minimum Size:
• • • In case of a Rambler a total of 1400 square feet.
• No 2 -Level Split will be allowed.
• In case of 2 -Story a combined total of 1900 square feet,
• In case of a modified 2 - Story not less than 1200 square feet on the main floor and a
combined total of 2000 square feet.
• All structures must have 3 car garages.
• Dwellings located on any Lot shall be not less,than thirty (30) feet in length and not Tess than
twenty-four (24) feet in width and have a minimum roof overhang of one (1) foot.
B. Roofs: •
•• All units must have 6/12 Pitch Roof or more. •
• Any roof facing the street must have a 7/12 roof pitch.
• Roofs of dwellings located on any Lot shall have an earth covered, composition, shingled or
tiled roof.
C. Exterior Materials and Brick:
• Exterior finishing materials for the walls of the dwelling located on any Lot shall be brick;
natural stone; decorative concrete block; cast in place concrete or precast concrete panels;
wood (finished for exterior use and of proven exterior durability such as cedar, redwood or
cypress); curtain wall panels of factory fabricated steel, fiberglass or aluminum finished with
durable non -fade surface with corrosion resistant fasteners; glass curtain wall panels; stucco or
vinyl.
• Page 2 of Pages
900/£002 saopjrngamog MINCER, IVA 8E ZI a(l,L LOOZ /n/L0
•
• • All dwellings must have a minimum of 100 square feet of brick on the front of the house.
The architectural control committee has the right to waive this requirement (i.e. if there is
special siding or a porch)
•
D. Setbacks — All building setbacks must be in accordance with the ordinances of the City in
effect at the time of construction.
E. Outbuildings — Only one outbuilding or other accessory building, not exceeding one hundred
twenty (120) square feet, shall be ,permitted on each Lot. Any such outbuilding or storage
building shall correspond in architectural style and finishing to the dwelling located on the Lot.
Section 3: Utility and Drainage Easements/Access. Basements for installation and maintenance of
utilities and drainage are reserved as shown on the recorded plat or as conveyed to the City. In
addition, electrical transmission line easements (in favor of Northern States Power Company as
described in Wright County Recorder Document Number 250955 and Wright County Recorder
Document Number 251I29) and easements for pipeline purposes (in favor of American Oil
Company as described in Wright County Recorder Document Number 165533 and in Book 5 of
Miscellaneous, Page 546) encumber a portion of the Property. Within these easements, and
within 20 feet of any wetland, storm water management ponds and County Ditch No. 9, 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 direction of flow or drainage
channels in the easements, or which may obstruct or retard the now of water through drainage
• channels in the easements. The easement area of each Lot and 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.
any fertilizers or herbicides within fifty (50) feet of any drainageement ot her person shall apply
Section 4: No Nuisance Activity. No noxious or offensive activity.shall be conducted on any Lot,
nor shall anything be done thereon which may be or become an annoyance or nuisance to other
Owners.
•
Section 5: Garbage and Refuse Removal. No Lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage, or other waste shall be kept in sanitary containers. Al
incinerators or other equipment for the storage or disposal of such material shall be kcpt in a clean
and sanitary condition, and shall either be stored in the garage or other building located on the
Lot, or in the side or rear yard, provided that, if stored in the side or rear yard, such equipment
shall be screened from public view. .
Section 6: No Animals except Pets. No animals, livestock, or poultry of any kind shall be raised,
bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that
they are not kept, bred, or maintained for any commercial u
p rpose. No more than two (2) dogs
and/or cats shall be kept at any one time. Only one (1) dog or other animal run or structure for the
housing of animals, including but not limited to doghouses, shall be constructed on any Lot. Any
such structure shall correspond in architectural style and finishing to the dwelling located on the
Lot.
Alk
Page 3 of 5 Pages
•
900 /t00( sJonulgamog I' 9ITt£Z££9L YVd ST IT au LOOZ /n/LO
•
Section 7: Prohibited Structures/Vehicle Storage/Storage. No , structures of a temporary
character, trailer, tent, shack, garage, basement, or other building shall be used as a residence
either temporarily or permanently, on any Lot. No more than one (1) camper, motor home,
recreational vehicle, boat, trailer, bus or truck, snowmobile or other type of recreational vehicles
may be parked on any Lot unless parked within a garage located on a Lot. In no event, however,
shall any unsightly or unlicensed vehicle or any semi - tractor or trailer be stored or parked on any
Lot. Storage or parking of any camper, motor home, recreational vehicle, boat, trailer, bus or
truck, snowmobile or other type of recreational vehicle shall be on a concrete or bituminous pad
on the side of the dwelling and immediately adjacent to the garage constructed on the Lot such
that the vehicle being stored does not protrude beyond the frontwall of the dwelling, is in
compliance with all setbacks and does not encroach upon any easements located on the Lot. All
parts of the Lot visible from outside shall be kept free and clear of all clotheslines, woodpiles,
rubbish, debris and other unsightly materials. No exterior television, radio, satellite or microwave
antenna of any sort shall be erected or maintained on any Lot except one that is one meter or less
in diameter or diagonal measurement, as defined in 47 CFR 1 400(a)(1) provided that the antenna
• does not interfere with access by, or interfere with, fire or other emergency services or pose a
safety hazard to the Owners of the Public.
Section 8: Signs. No sign of any kind shall be displayed in public view on any Lot, except one (1)
professional sign of no more than five (5) square feet advertising the Property for sale or for rent,
or signs used by a builder to advertise the Property during the construction and sales period.
Section 9: Model and Sales Use. Notwithstanding anything ything contained in this Declaration to the
— contrary, a Lot 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 Declarant, its successors or
assigns 0
Section 10: Fences. No fences shall be constructed or located in the front yard. All fences shall
have the following restrictions:
A. No fences shall be constructed in any storm water drainage ways or other easement areas;
B. No fences shall be permitted along lot lines upon which landscaping berms are located.
C: No snow fencing shall be permitted.
ARTICLE III
MISCELLANEOUS
Section 1: Amendment to Covenants. The Declarant reserves the right without the consent or
joinder of the Owners, mortgagee or any other person or entity to amend these covenants, in
whole or in part, until such time as seventy -five (75 %) of the Lots affected by this Declaration are
conveyed to Owners who are occupants of houses constructed, upon the Lots. The Declarant
reserves the right, without the consent or joinder of the Owners, mortgagees or any other person
or entity, to add additional property to the Declaration until the conveyance of the last Lot
affected by this Declaration or added by Declarant pursuant to the terms hereof to Owners who
are occupants of the houses constructed upon the Lots.
• Page 4 of 5 Pages
900/500 saapjrngamog '1 g�ZI£Z££9L IVA 8£ : ZI afl►L Loot /�Z /Lo
Section 2: Duration. Except for a longer grant provided herein, these covenants are to run with
the land and shall be binding on all parties and all persons claiming them for a period of thirty
(30) years from the date of recording, at which time they shall be extended for successive ten 10
III
year periods, unless the majority of the then Owners of the Lots desire to change these coverts
a in that event, the changes shall be made by use of a recorded document. '
•
Section 3: Enforcement. Any Owner shall have the right to enforce, an
in equity, or both, all of the terms and provisions of this Declaration. y any proceeding at law or
Enforcement shall be by proceedings P oceedings at law or inequity against any person or
attempting to violate any covenant either to restrain violation or to recover damages.• violating or
•
Section 4: Severability. Invalidation of any one or more of the provisions herein by judgment
court order shall in no way affect any of the other provisions, which shall remain in full force d
e The invalidated portion shall be enforceable to the broadest extent c and
permitted under law.
•
1N WITNESS WHEREOF, the undersigned Declarant has caused these presents to be executed day of 2003. d
Edina Development Corporation
By: -
'ck Le•andowski, Its president
• STATE OF MINNESOTA )
COUNTY • OF ANOKA •
)
The foregoing instrument was acknowledged before me this — day of
2003, by Rick Lewandowski, the President of Edina Development Corporation, a Minnesota
corporation, on behalf of the corporation.
•
Nota Pu blic
THIS INSTRUMENT DRAFTED BY:
Edina Development Corporation
700 Industry Ave
Anoka, MN 55303
•
Phone: (763)323 -9086
Page 5 of 5 Pages
•
•
•
•
900/900Z SJ pjtngamoll fl7Zt£Z££9L XVd 6£ : ZT au LOOZ /I' /L0