HomeMy WebLinkAbout1987-02-18 Letter, Architectural Covenants In PlaceLAW OrrOC[S
CARROLL a FAULCONEk
PRO/CS5, OM&L ASSOCIATpw
,100 rIwST •ANK PLACE WEST
G it"ALOT CARROLL MINNEAPOLIS, MINNESOTA 55402
ALM a, FAuICONE■$i���l�Mo
JErr•[. P CARROLL
A �C wA• _ Ll bwTOw
February 18,1987
Mr. David Nitz
461 Peavey Lane
Wayzata, Minnesota 55391
Dear Mr. Nitz:
2 3 i987
TELFPHONE
L �
We represent Wyman Haberer, the owner of Lot 11, Block
1 in Farview, who has asked us to contact you with respect
to your construction of a home upon Lot 12, Block 1 of
F,rview in accordance with a Certificate of Survey dated
December 17, 1986, a ropy of which is attEched.
Your attention is called to the Restated Declaration of
Covenants, Conditions and Restrictions relating to Farview
dated May 16, 1977, in which you were the signator for
Farview Properties, a partnership. The Restrictions require
that prior to the commencement of construction of any
dwelling upon any lot in Farview, approval must b�2 of ;. �,nr d
from an architectural control committee as to the sit c'
and location of the dwelling, among other thing.. i
are well aware, the architectural control committee cor•l,
of yourself, Jerome A. Berg, John L. Peterson and Teri
D. Johnson. The procedure fur approval or disapptova' of a
plan by the archi*e-tural control committee i : set forth in
Article 1 of the Restrictions. The Restrictions were
created for the protection of a,l. L;f the owners of
properties in Farview, and it was represented to the owners,
upon purchase, that tre Restri ti.ons w,;uld be enforced in
accordance with the express in+ -ant contained therein. It
now appears that you intend to violate the restrictions, and
your attention is directed to the prevision that allows
enjoining of construction in the event of ::oncoz'pliance with
the Restrictions. The '"ome you propose to construct is
ob-'ectionable to our client, and others, as it does not
comply with or adapt itself to the set-be-k of other homes
in the area. This letter constitutes a demand that prior to
your comme„cement of construction of any building upon Lot
12, Block 1 Gf Farview, that you comply with the
restrictions you eated and signed, that being securing t1-e
approval of the architectural control committee.
The Restrictions which you and your partners created
also provide in Subparagraph 3 of Article 1 that one lot
would he made available for the residents in Farview t; join
together to purchase and construct a tennis court or a
swimming pool, should they bo desire. I am advised by our
client that Lot 12 is the last open lot in Farview, and
accordingly you have failed to comply with the Restrictions
in that the lot was not offered to the owner:: of Farview for
construction of the amenities specified in Subparagraph 3 of
Article 1, should the residents so desire. This letter also
constitutes a demand that you comply with Article 1,
Subparagraph 3 of the Restrictions immediately.
Should you fail to comply with the deman('s contained ir.
this letter, and commence construction, v may be assured
that an immediate action will be commez_ to enjoin the
construction until you have complied wit -he restrictive
covenants and agreements you and your partners have created.
Very truly yours,
Gerald T. Carroll
GTC:mm
CC: Wyman Haberer
Tom Jacobs, City of Orono
Kathleen Blatz, Esq., City of Orono
Spencer Kluegel, Esq.
FMVIEW LANE
22725
\•X I
SCALE 1 • 60' In \
PROPOSED FINISHED
LOWER LEVEL ELEV. 100.00
tZ
r
\.o
S
P.
It
(se'
„t.a
100 •\
N r% `
c
00.v P•
ram.. 1� -
SEPTIC SYSTEM
SET BACK
Proposed Pr,mary —i oS� ` O
Drain Fr(old _0• 0 2v.o•
° O
Proposed 5tpyrc 0 FrOPc" ,ed o O
Tank _ 21- pq {-/ovss i p \N
04
0,-TV o 1
Proposed 5nc.andary— 44^� i
IJra,n F,ali
!rr
Q r
ot•t
tot tao + \ Q s
N 79- l9'ty •,_:
�Z 9. Do /
i
I hereby certily that this surrey. plan. or gel N 83-,2'
poll was prepared by me or under my direct z 3Z 6t.,�
supervision and that I am a duly Registered
land Surveyor under the laws of the State
of Minnesota. B.M.: SPIKE IN BIRCH ELEV. 104.00
Date _Q ..4•_ L7,1 Bir_ Rep No..l_f f-121
-IIP VAI S( if INC LOT 12 BLOCK 1 FARVIEW,
L=
If
O
in
I
I
t
t
i
1
1;THt•AH Ht1, ( , ,
' ""' . ' ""'' "''"'' •. • , .", .• •., •'•, ACCXNRDING TO THE RECORDED CEA"TFlCATE OF SURVEY
PLh' THEREOF AND SITUATED FOR: DAVD Nff Z
•fa r+tl,rl O•.S CI,. r!• • •ff00 �.•J•�. M.D
-•••ITO•-• •�-•+or•++Jf IN HENNEPIN CO. MN.
sev COMMISSION NO 08608 V
S K Z 41 r-Kr l -