HomeMy WebLinkAboutDeclaration/covenants/conditions/restrictions/easement DECLARATION OF COVENANTS CONDITIONS ETRICTIONS AND
PRIVATE ROADWAY EASEMENT
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
�RUESS
p ROADWAY EASEMENT ("Declaration") is made effective as of
1994, by MONICA R. FISCHER, single ("Fischer") and ROBERT
and JOAN L. SUESS, husband and wife (collectively, "Suess") (Fischer and Suess
are herein sometimes collectively referred to as "Declarants").
RECITALS:
A. Suess' are fee owners of that certain real property located in Hennepin County,
Minnesota legally described on Exhibit "A" attached hereto and made a part
hereof (the "Property").
tr ct purchaser of t
B. Fischer is a con Property, pursuant to that certain Contract
1994, filed , 1994 with
for Deed dated
the Hennepin C my Recorder as Document No.
C. Declarants desire to provide, for the benefit of Lots 1 through 7, inclusive,
Block 1, Meadow Wood Pond (the "Lots") an easement for roadway purposes
(the "Roadway") over, across,o de Por the mon oaintenance� wneaship,Pond
and
("Outlot A"), and to furtherp
restrictions relating to the Roadway and the easement herein granted.
NOW, THEREFORE, in consideration of the foregoing, the Declarants hereby declare
that the Lots and Outlot A are and shall be held, transferred, sold, conveyed, and occupied
subject to the covenants, conditions, restrictions, and easements hereafter set forth, which
shall run with the Property and be binding on all parties, now or hereafter having any right,
title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each
of whom are hereafter referred to individually as an "Owner" or collectively as "Owners"),
and shall inure to the benefit of each Owner.
1. Roadway Easement. Declarants hereby declare and create a perpetual, non-
exclusive private road easement over Outlot A for the benefit of the Lots and use by the
Owners and their invitees and other public service providers, such as police, fire, bus and
ambulance services.
2. Maintenance of Roadway.
2.1) Each Owner shall pay an equal, proportionate share for any costs for
construction, maintenance or repair of the Roadway. Maintenance shall include construction,
reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping,
and curbing as the Owners shall determine necessary; provided, however, that all Maintenance
shall be conducted in compliance with all applicable provisions of the City of Orono
357/22041104 4/1194
Municipal Code (the "Code"). Fischer shall be responsible, at her expense, for initial
construction of the Roadway, which shall in all respects conform to the requirements of the
City of Orono ("City")., All future Maintenance shall be conducted by the Owners or their
contractors, at Owners' expense.
2.2) Each Owner's share of costs for Maintenance shall be due and payable
on the date such costs for Maintenance are due and payable to the person or entity rendering
s share
of eight
an account therefor. Each Owner' d to the date of payment.�rAny Owneremay bring
percent (8%) per annum from such due
action, on behalf of the non-defaulting Owners, to collect a defaulting Owner's share of such
costs which are not paid when due, and shall necessary costs and disbursements ble incurredm's
fees as the court may allow, together
connection therewith.
2,3) The plans, specifications and the awarding of contracts for Maintenance
shall be approved in writing by the Owners of twenty-five percent (25%) of the Lots.
2.4) No Owner may exempt himself from the liability for assessments by
waiver of the use or enjoyment of the Roadway or by the abandonment of his Lot.
3. Ownership of Outlot A. Each Lot shall be sold, transferred and conveyed
together with an undivided one-seventh unth) interest in Outlot A. In the event City shall
determine it to be in the public interest to utilize the Roadway as a public street,
each Owner
shall, after notice in accordance with applicable provisions of Code and Minnesota law,
convey its undivided interest in Outlot A to City for no additional consideration therefor.
4.. Prohibitions of Use of Roadway.
4.1 No Owner shall obstruct or interfere whatever with the rights and
privileges of other Owners in de onstdrwucted upon or remot for ved from the Roadway.aintenance of the Roadway,
nothing shall be planted. altered,
4.2 No Owner shall obstruct or interfere with the passage of any school bus
or emergency vehicle over or across the Roadway.
4.3 No vehicles shall be parked in the Roadway for a continuous period of
time greater than twenty-four hours.
4.4 No vehicular repair or maintenance may be conducted in the Roadway.
5. Violation and Enforcement.
5.1) In the event the Owners fail to conduct Maintenance, it is agreed by all
Owners that City, may undertake such Maintenance and assess each Lot an equal,
proportionate share of the Maintenance conducted by the City. Any such Maintenance
conducted by the City will not result in the Roadway becoming a public roadway. Each
Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30)
35782041104 4!1/94 2
-f
days after Owner's receipt of such charges, ora else
including
payment has not been
costs 1n collection thereof, shall become a lie upon the Lot for w
made.
5.2 If an Owner shall violate any of the obligations, covenants, conditions
or restrictions contained in this Declaration, the remaining Owners shall have the right to
enforce this Declaration, and in the event an Owner's violation results in damage to the
Roadway, Owners may restore the Roadway to its prior condition and assess the cost of such
restoration against the violating Owner. Any such assessment sera become
wers od any of
payable
upon the demand of any of said remaining Owners. All of the remaining
them, shall have the right and power to enforce this Declaration and to collect the cost of any
Maintenance required as a result of an Owner's violation, in a legal proceeding for that
purpose. The prevailing party in any such legal proceedings shall further be entitled to
recover such reasonable attorney's fees as the court may allow, together with all necessary
costs and disbursements incurred in connection therewith. Nothing contained in this Section
5.2 is intended to alleviate any obligation e an Ownersy s meay ats are levied bysments to 1ty in
C City as a
accordance with Section 5.1 above. In theY
result of violations of an individual Owner or Owners, then such non-violating Owners may
collect such sums paid to City from any violating Owner, in accordance with this Section.
5. Binding Effect. This covenant shall run with the land and shall be binding on
and inure to the benefit of the Owners, their heirs, representatives, successors and assigns.
6, No Amendment. This Declaration
modified
d by oall of the Owners, the1r nded only upon the
recording of a document setting forth such amendment execu e
mortgage lenders, City and any other party having a record interest in the Lots.
7. Severability. Invalidation of any covenant, condition, or restriction set forth
herein by judgment or court order shall in no way affect any of the other provisions hereof,
which shall all remain in full force and effect.
g. Warranties ofTitle. Declarants represent and warrant that they are the lawful
owners, in their capacities set forth herein, of the Roadway and the Lots and have full right,
title and authority to enter into this Declaration.
IN WTINESS WHEREOF, the parties have hereto executed this Declaration and
covenant the day and year first above written.
Monica . Fischer
Robert F. Suess,-
357=041104
uess,;35722041104 4/1/94 3
STATE OF MINNESOTA )
. ) ss.
COUNTY OF )
instrument was acknowledged before me on this `day of
__41994, by MONICA R. FISCHER, sung
Notary Public
STATE OF MINNESOTA ) NOTARY
N.UC-MWWANDESEE
s NOTA&Y P�t3UC-MINNES07A
• ) ss. s Nepal.:pun cauN7Y
COUNTY OF ) y gay cc::;3. .oto
This instrument was acknowledged before me on this �9 day of husband and
1994, by ROBERT F. SUESS and JOAN L. SUESS
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wife.
SuSn;1;1. LIP7,4
�G!/.�kF; L 50TAt:M:.�-,;1cNotary Public
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THIS INSTRUMENT WAS DRAFTED BY,
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 333-4800
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Ap,.-TYU A UU
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made and entered this 13 day of
October 1994 , by MONICA R. FISCHER, a single person, fee
owner (herein called the "Declarant") , of the land
hereinafter described lying in Hennepin County, Minnesota.
WITNESSETH
WHEREAS, the Declarant is the owner of the real
property located in the County of Hennepin described as
follows:
LOTS 1, 2, 3, 4, 5, 6, AND 7, BLOCK 1,
MEADOW WOOD POND
NOW THEREFORE, the Declarant hereby declares, imposes
upon and makes all of the lots in the plat of Meadow Wood
Pond above described (herein together called the "Lots" )
subject to the following covenants, restrictions, easements,
and reservations, which shall operate as restrictions
passing with the conveyance of each and every part of any
Lot, and shall apply to and bind each and every owner and
occupier, and claimant of an interest in, any Lot or any
part of any Lot, and their successors-in-interest to-wit:
RESTRICTIONS
Section 1. All lots in said development shall be
residential single family lots and shall be improved and
occupied only in accordance with these restrictions and
covenants.
Section 2. No dwelling shall be erected, altered,
placed or permitted to remain on any residential lot other
than one detached single family dwelling not to exceed two
stories in height.
C. Floor plans and specifications showing floor
areas expressed in finished square footage,
details of construction and finish materials.
d. If the Architectural Control Committee fails
to approve, disapprove or request further
information on such design and location within
thirty ( 30) days after said plans and
specifications have been submitted to it, approval
will not be required, and this Article will be
deemed to have been fully complied- with.
Section 6. Easements for installation and maintenance
of utilities and drainage are reserved as shown on the
recorded plat. Within these easements, no 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 of flow of drainage channels in the easements, or
which may obstruct or retard the flow of water throughout
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.
Section 7. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon
which may be or become any annoyance or nuisance to the
neighborhood.
Section 8. No structure of a temporary character,
trailer, recreational vehicle, basement, detached garage,
barn or other out-building shall be used on any lot at any
time either temporarily or permanently. No recreational or
non working vehicle, trailer, boat, snowmobile, fish house
or truck tractor shall be kept on any lot except inside a
building.
Section 9. 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
purpose. Household pets limited to a total of three.
-4-
Section 10. No lot shall be used or maintained as a
dumping ground for rubbish. Trash, garbage or other waste
shall not be kept except in sanitary containers. Such
container shall be kept in a clean and sanitary condition,
and screened completely from view off site if located
outside a building.
Section 11. All owners of lots shall be individually
responsible for the continuous maintenance and/or
replacement of the development improvements to their lot.
This shall include, but is not limited to mailboxes,
plantings, berms, house exteriors and naturalized areas.
Individual house exteriors shall be continuously maintained
in a good and workmanlike manner. Exterior design standards
set out above in Section 5 shall be perpetually adhered to.
All additions shall be architecturally compatible withe the
original structure.
Section 12. Each lot within six (6) months of
occupancy, shall have a minimum of $2,000.00 in foundation
shrubs and sod installed in front of the house, for the
purpose of screening the foundation in the front yard.
Section 13. All retaining walls located in the front
yard or side yard shall be constructed out of rock or
textured landscape blocks.
Section 14. No sign of any kind shall be displayed to
the public view on any Lot or on the Common Area; except
that on each Lot the Owner may display one sign of not more
than five (5) square feet advertising the Lot for sale, and
except that Declarant may erect and maintain upon the
properties such additional signs as she deems appropriate to
advertise the properties until all lots owned by Declarant
are sold. _
Section 15. The Architectural Control Committee shall
consist of Declarant and persons appointed by Declarant in
her sole discretion. The Architectural Control Committee
shall without further action, cease to exist six (6) months
after issuance of the occupancy permit for last lot to have
a dwelling constructed in Meadow Wood Pond.
Section 16. Enforcement of these covenants and
restrictions may be by any proceeding at law or in equity
instituted by Declarant or by any Owner of property in
Meadow Wood Pond against any person violating or attempting
to violate any covenant or restrictions, either to restrain
-5-
violation, to compel compliance, or to recover damages.
Failure by Declarant or any Owner of a lot to enforce any
covenant or restriction herein contained shall in no event
by deemed a waiver of the right to do so thereafter.
Attorney's fees a nd 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.
IN WITNESS WHEREOF, the undersigned, being the
Declarant and fee owner herein, has hereunto caused these
presents to be executed this day of October, 1994.
2V" 7f—
MONICA R. FISCHER
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me
this /3 day of October, 1994 by MONICA R. FISCHER, a
single person.
,} 00006044001
BECKY '.. r?-!X
a Not ry Publ 'c
NOTARY PUB "SOTA
is HENNEPI, JY "
�...•' My COMM.EXPiR�S r,ar.6,1998
THIS INSTRUMENT WAS DRAFTED BY:
MONICA R. FISCHER
9866 185TH AVE SE
BECKER MN 55308
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