HomeMy WebLinkAbout1978 - declaration of covenants, cond., restr., & easements ..At.!..I l_, Y
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_DECLARATION OF COVENANTS 115 n4 lit‘cSen
CONDITIONS , RESTRICTIONS , AND EASEMENTS
THIS DECLARATION , made this 1 ' day ofd , 1978 ,
by the undersigned parties representing all the owners in fee,
the contract purchasers , and the encumbrancers , of the land
hereinafter described lying in Hennepin County , Minnesota ;
WITNESSET Ii :
WHEREAS , John M. Hartwell , individually , is the fee owner
of the real property legally described as follows :
Lots 1 through 24 , Block 1 , The Farm at Long Lake , according
to the recorded plat thereof .
(herein "said land" ) ;
WHEREAS , John M. Hartwell is married to Lucy B . Hartwell ;
WHEREAS , the First National Bank. of Minneapolis , a national
banking association , is the holder of a first mortgage of record
on said land under a mortgage dated August 25 , 1977 and recorded
August 31 , 1977 as Document No . 1235285 ;
WHEREAS , The Farm at Long Lake, a Minnesota general partnership ,
John M. Hartwell and Timothy Adams , sole general partners , is the
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purchaser of said land under a contract for deed dated August 25 , 1977 ;
WHEREAS , the above described parties hereto desire to impose
• upon and subject said land to certain conditions , restrictions ,
reservations and covenants for the benefit of said land and its
present and future owner ;
NOW, THEREFORE , the parties hereto hereby declare , impose
upon and make all of said land subject to the following conditions ,
restrictions , reservations , easements and covenants , which shall
operate as restrictions passing with the conveyance of each and '
every lot so described herein , and shall apply to and bind each
and every successor in interest to the parties hereto , to-wit:
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ARTICLE I
Land Use and Building Type •
No lot shall be used except for residential purposes . No
buildings shall be erected , altered , placed or permitted to remain
on any lot except a single dwelling house designed for the accommo-
dation of one family only , together with a garage designed to
accommodate a minimum of two (2) automobiles , the exterior of
which shall be constructed of the same material used, or to
be used, on the exterior of the dwelling house. The ground floor
of the main structure , exclusive of open porches and garages , •
shall be not less than One Thousand Five Hundred square feet
(1 , 500 sq . ft . ) for a one story dwelling, nor less than One
Thousandsquare feet (1 , 000 sq . ft. ) for a dwelling of more than
one story. Provided , nevertheless , that the minimum square footage
required on Lots 16 and 24 shall be as determined by the design
committee under Article VII herein , and as permitted under municipal
ordinances . No subdivision of the lots shall be permitted until
such time as municipal sanitary sewer service is available to such
lot . Provided, nevertheless , that the owner of lot 19 on said land
may maintain , occupy , use and replace the existing farm house and ►�< :<
barn on said lot in addition to constructing a new house thereon ,
and may continue to use said lot and the existing farm buildings
thereon for agricultural purposes , to the extent the same is
permitted under municipal ordinances .
ARTICLE II
Easements and Setbacks
Section 1 . Utility and Drainage Easements . Easements for
installation and maintenance of utilities and drainage facilities
are reserved as shown on the recorded plat along each lot side
and rear lot line unless vacated by action of the municipal authority .
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easement conforms to municipal ordinances , and (b) each such owner
who uses the pasture easement shall be thereby obligated to pay his
proportionate share of the original cost of the pasture improvements ,
and the upkeep, repair and maintenance thereof, including without
limitation fences and gates .
Section 4 . Setback Requirements . The setback requirements
for the building on each lot shall be as provided by the ordinances
of the City of Orono, which restrictions may be varied or modified
by action of the municipality as therein provided. In addition to
the foregoing general setback requirements , no structure shall be •
permitted in the following area :
That part of Lots 3 , 4 , 5 , 6 , 7 , 16 , 17 and 18 , Block 1 , THE FARM AT LONG
LAKE, described as beginning at the shoreline of Long Lake and on the mos!
easterly line of said Lot 7 ; thence north along said line of Lot 7 to the
most southerly point of Dakota Avenue as shown on said plat ; thence north
55 ° 18 ' 00 " west , 40 . 14 feet to an angle point on the east line of said
Lot 7 , 402 . 00 feet southerly of the northeasterly corner thereof; thence
north 73 ° 46 ' 38 " west , 2.19 . 82 feet ; thence north 54 ° 06 ' 24 " west , 70 . 00
feet to an angle point on the west line pf said Lot 7 , 300 . 93 feet south-
erly of the most westerly corner thereof; thence north 54 ° 06 ' 24 " west ,
254 . 42 feet to a point on the west line of said Lot 6 , 266 . 28 feet south-
erly of • the most northerly corner thereof; thence north 44 ° 52 ' 11" west ,
214 . 87 feet to a point on the west line of said Lot 5 , 212 . 89 feet south-
erly of the most northerly corner thereof; thence north 45° 49 ' 26 " west ,
223 . 76 feet to a point on the westerly line of said Lot 4 , 159 . 46 feet
southerly of the most northerly corner thereof; thence north 32 ° 05 ' 46 "
west , 237 . 96 feet to a point on the north line of said Lot 3 , 182 . 92 feet
westerly of the most northerly corner thereof; thence south 74 ° 44 ' 55"
west , 242 . 00 feet along the north line of said Lot 3 to the northwesterly
corner thereof; thence south 00 04 ' 41" west, 99 . 00 feet to an angle point
on the southwest line of said Lot 3; thence south 1 ° 16 ' 13" east , 145 . 00
feet ; thence south 34 ° 59 ' 34 " east , 207 . 22 feet to a point on the south-
east line of said Lot 18 , 145 . 00 feet westerly of the most easterly cor-
ner thereof; thence south 53 ° 54 ' 25" east , 137. 93 feet ; thence south 8°
45 ' 58 " east , 210 . 85 feet to a point on the south line of said Lot 17 ,
248 . 00 feet westerly of the most easterly corner thereof; thence south
26 ° 56 ' 54 " east , 148 . 85 feet ; thence north 87° 47 ' 57" west , 222 . 09 feet
to an angle point on the west line of said Lot 16 , 200 . 00 feet north of
the southwesterly corner thereof; thence south 2° 12 ' 03" west , 65 . 00
feet along said west line ; thence south 87° 47 ' 57" east , 258 . 34 feet; b"
thence south 26° 56 ' 54 " east , 154 . 57 feet to a point on the southerly
line of said Lot 16 , 333 . 63 feet easterly of the southwesterly corner
thereof; thence south 87 ° 47 ' 57 " east along the southerly line of said
Lot 16 , to the shoreline of Long Lake; thence northeasterly along said
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AR'T'ICLE III
Nuisances , Livestock and Poultry
Section 1 . Nuisances . No noxious or offensive activities
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shall be carried on upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neighbor-
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hood.
Section 2 . Livestock and Poultry . Except as is otherwise
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herein specifically provided for Lot 19 and the pasture easement
area , no animals , livestock or poultry of any kind shall be raised,
bred or kept on any .lot after the same is improved by the construction
of a house thereon , except that dogs , cats or other household pets
may be kept provided that they are not kept, bred or maintained for
any commercial purposes .
ARTICLE IV
Garbage and Refuse Disposal
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 . All incinerators or other equipment for
the storage or disposal of such materials shall be kept in a clean
and sanitary condition , and kept either (a) within the garage as
provided herein , or (b) in a suitable structure below grade .
11RTICLE V
Temporary Structures , Signs
Section 1 . Temporary Structures . No structure of a temporary ,
character, trailer , basement , tent , garage , boat house , barn or
other outbuilding shall be used on any lot at any time as a residence
either temporarily or permanently. ,( here shall be no permanent outsid•
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storage of any type of vehicles including, but not limited to ,
camping trailers , snowmobiles , motorcycles , motorbikes , or boats ,
or canoes . Provided, nevertheless , that the owners of lots fronting
on Long Lake may store boats owned by such owners on the lake
shore , to the extent permitted by municipal ordinances .
Section 2 . All structures shall be completed and finished
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on the exterior within nine (9) months after commencement of
construction .
Section 3 . Signs . No signs of any kind shall be displayed
to the public view on any lot except one professional sign if not
more than one (1) square foot , one (1) sign if not more than five
(5) square feet advertising the property for sale or rent, or signs
used by a developer to advertise the property during the initial
sales period .
ARTICLE VI
Non-Discrimination
Any person , when he 'becomes an owner in fee of a lot ,
agrees that neither he nor anyone authorized to act for him
will refuse to sell or rent, after the making of a bona fide
offer, or refuse to negotiate for the sale of or rental of,
or otherwise make unavi].able or deny any of the property
owned by him on said land to any person because of race, color,
religion , sex or national origin . Any restrictive covenant affecting
the property covered by this Declaration relating . to race , color,
religion , sex or national origin which is inconsistent with this
Article VI is recognized as being illegal and void and is
specifically disclaimed.
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ARTICLE VII
Building Design Approval
A. No building shall be erected, placed , altered or
occupied on any of the lots comprising said land
until the building plans and specifications and
plat plan showing the location of such building
have been approved in writing as to conformity and
harmony of external design with existing structures
in the subdivision and as ' to the location of the
building with respect to topography and finished
ground elevation by a design committee composed of
up to three owners of lots comprising said land.
The initial members of the designcommittee shall
be Timothy Adams , Mary Adams , and John Hartwell .
The initial members of the design committee may
designate their replacements at any time from among
the then lot owners . In the event of the death or
resignation of any member of the design committee ,
the remaining member or members shall have full
authority to approve or disapprove such design and
location , or to designate a representative with like
authority .
R . Building design and .location review by the design
committee shall include , but not be limited to (a)
site grading and landscaping plans , (b) location
of all buildings , (c) height and mass of buildings
in relation to other houses on said land and the
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general topography of said land, (d) septic system
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