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LAW OrrOC[S <br />CARROLL a FAULCONEk <br />PRO/CS5, OM&L ASSOCIATpw <br />,100 rIwST •ANK PLACE WEST <br />G it"ALOT CARROLL MINNEAPOLIS, MINNESOTA 55402 <br />ALM a, FAuICONE■$i���l�Mo <br />JErr•[. P CARROLL <br />A �C wA• _ Ll bwTOw <br />February 18,1987 <br />Mr. David Nitz <br />461 Peavey Lane <br />Wayzata, Minnesota 55391 <br />Dear Mr. Nitz: <br />­ 2 3 i987 <br />TELFPHONE <br />L � <br />We represent Wyman Haberer, the owner of Lot 11, Block <br />1 in Farview, who has asked us to contact you with respect <br />to your construction of a home upon Lot 12, Block 1 of <br />F,rview in accordance with a Certificate of Survey dated <br />December 17, 1986, a ropy of which is attEched. <br />Your attention is called to the Restated Declaration of <br />Covenants, Conditions and Restrictions relating to Farview <br />dated May 16, 1977, in which you were the signator for <br />Farview Properties, a partnership. The Restrictions require <br />that prior to the commencement of construction of any <br />dwelling upon any lot in Farview, approval must b�2 of ;. �,nr d <br />from an architectural control committee as to the sit c' <br />and location of the dwelling, among other thing.. i <br />are well aware, the architectural control committee cor•l, <br />of yourself, Jerome A. Berg, John L. Peterson and Teri <br />D. Johnson. The procedure fur approval or disapptova' of a <br />plan by the archi*e-tural control committee i : set forth in <br />Article 1 of the Restrictions. The Restrictions were <br />created for the protection of a,l. L;f the owners of <br />properties in Farview, and it was represented to the owners, <br />upon purchase, that tre Restri ti.ons w,;uld be enforced in <br />accordance with the express in+ -ant contained therein. It <br />now appears that you intend to violate the restrictions, and <br />your attention is directed to the prevision that allows <br />enjoining of construction in the event of ::oncoz'pliance with <br />the Restrictions. The '"ome you propose to construct is <br />ob-'ectionable to our client, and others, as it does not <br />comply with or adapt itself to the set-be-k of other homes <br />in the area. This letter constitutes a demand that prior to <br />your comme„cement of construction of any building upon Lot <br />12, Block 1 Gf Farview, that you comply with the <br />restrictions you eated and signed, that being securing t1-e <br />approval of the architectural control committee. <br />The Restrictions which you and your partners created <br />also provide in Subparagraph 3 of Article 1 that one lot <br />would he made available for the residents in Farview t; join <br />together to purchase and construct a tennis court or a <br />