HomeMy WebLinkAboutEasementsFLOWAGE AND CONSERVATION EASEIV1LNT AGREEMENT
AND WAIVER OF DAMAGES
TJ US INDENTURE, inade tuid entered into this day of 19 b
and between QohLand Development, Inc:, a Minnesota corporatinn y
assigns, and successors IhereinaRer collectively referred to as Elie Grantor's)] aE
its successors and assigns, a nnuiicipai corporation under the laws of the
(hereinafter referred to as the Gnuitee.)
and its Heirs,
d the City of Orono,
State of Minnesota
WITNLSSLT'I I, Grantor(s), for and iii consideration of (lie sum of One Dollar ($1.00) and
other valuable consideration, hereby coveiiaii(, grant, gift, quit claim and convey to grantee die right
to restrict and gran(or(s) agree to limit and preclude the use, iniprovenient and developnient, under
the conditions and covenants herein contained, [lie following described Laud in the County of
Ileruiepiu and Stale of Minnesota:
over the wetland and stormwater management pond as depicted on the plat of
CARRIAGE' HILL
as follows:
1. Grantor(s) hereby covenant(s) and agret
A. No Structures sliall be constructed, erected, or placed upon, above, or beneath
the Land including without limitation, fences, fireplaces, steps, docks, biers,
Hardcover or roads of any nature whatsoever, or any other structure or
iitiprovenicnt inconsistent with the natural state of the land.
B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from
the Ladd except as authorized by written consent of Grantee.
C. No earth, loani, peat, gravel, soil or any oilier natural material or substance
shall be nioved or renioved froin the Land and, there shall be no dredging or
excavation of any nature whatsoever or any change of lice topography of the
Laird without the written consent of Grantee.
D. No soil, sand, gravel or oilier substance or inaterial as landfill shall be placed,
duniped or stored upon the Land and no waste, trash or garbage shall be
placed, dumped or stored upon the Land.
Pagel of 3
E. No use shall be made of the Land except uses, if any, which will not change
or alter the natural condition of the Land, and no use which would tend to
change the drainage, flood control, water conservation, erosion control, soil
conservation, fish and wildlife habitat characteristics shall be made of the
Land or the water situated thereon.
F. Grantee may enter upon the Land for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed
from the Land without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained
herein and the natural state of the Land.
2. Grantor(s) hereby grant, gilt, quit clainn and convey to Grantee, a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all of
the Land.
3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the
Grantee and any mud all of its officers and employees of and fronn any and all claims,
demand or causes of action of any kind or nature whatsoever which may arise or
accrue by virtue of any flowage or trespass with water within terms of these
agreements.
In addition to any other remedy the grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Grantor(s) do not intend that the public should have any interest in the above land by virtue
of this indenture or otherwise, except as hereinabove set forth.
The Grantor(s) herein certify that the land herein described are free and clear of all
encumbrances except:
All provisions hereof shall run with the land and shall extend to and bind the heirs,
successors, representatives, grantees or assigns of the respective parties hereto.
BohLand Development, Inc., a Minnesota
R 0 a (;"0
By: Steven R. Bohl
Its: President
Page 2 of 3
STATE OF M.INNESOTA }
ss.
COUNTY OF IIENNEPIN )
This instruanent was acknowledged before me tins -j-3" day of
�SNQ-%1.r , 19 plr'l, by Steven R. Bohl , the President of
BohLand Development, Tnc., a corporation under the laws of Minnesota on 5enalf
of the cflrpora ion .
OTARY PUBLIC
STATE DEED TAX DUE HEREON: M{CHAB.UDEKOA
NO W PIJ1111 i INNESOTA
"I'liis instrument is drafted by: �,w; �{yCommission6cplres,lan.31,2000
City of Orono
P.O. Box GG
Crystal Bay, MN 55323
Page 3 of 3
ROAD, DRAINAGE AND UTILITIES EASEMENT
THIS INDENTURE, made and entered into this _ day of P 19
by and between Bohl_and Development, Inc., a Minnesota corporation
hereinafter referred to as "Grantor(s)" and the City of Orono, a niunicipal corporation, its
employees, interests and assigns, hereinafter referred to as "Grantee".
WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration given by Grantee, the receipt of which is acknowledged
by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and
assigns, a perpetual easement for public ingress, egress, access, road, drainage and utility
purposes, over, under, above and across the land located in the State of Minnesota, County of
Hennepin, legally described as follows:
Outlot C, Carriage Hill
including, but not by way of limitation, a lull and free right and authority to enter upon said land
to construct, install, maintain, operate, repair and reconstruct a sanitary sewer interceptor, lift
station, main or line, a water main or line, gravel or paved road and any and all appurtenances,
including drainage control structures and drainageways, incidental and related thereto, (such are
hereafter collectively referred to as the Improvements), and the Grantee shall have the right to
make such use of -zaid land as is reasonably necessary and advisable to the construction
installation, maintenance, operation and repair of the Improvements.
In addition to any other remedy the Grantee inay have, the covenants and restrictions
contained herein inay be enforced by injunction.
Grantor(s) covenant that they are in fee title to the above property, have a lawful right
and authority to convey and grant this easement, and that the land is free from all encumbrances
except:
Grantors have executt-d this document (lie day and year set forth above.
Page 1 of 2
GRANTOR
BohLand Development, Inc.,
a Minnesota corporation
By: 9
12 E S
Steven R. Bohl
Its: President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �3Ap
day of
19A by Steven R. Bohl, the President of BohLand Development, Inc., a
Minn e ota corporation on behalf of the corporation.
i
This instrument was drafted by:
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
3300 Piper Jaffray Tower
Minneapolis, MN 55402
(612) 333-4800
Page 2 of 2
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CARRIAGE HILL
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS RESTRICTIONS, AND EASEMENTS
THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS ("Declaration"), is made and executed this day of ,19_,
by BohLand Development, Inc., a Minnesota corporation ("Declarant"), for the purposes
of creating the planned community of Carriage Hill.
WITNESSETH:
WHEREAS, Declarant is the owner of the real property ("Property") described in
Section 1.1.21 of this Declaration; and
WHEREAS, Declarant desires to provide for the preservation and enhancement of
the natural and built values and amenities and opportunities within the Property, in order
to contribute to the personal and general health, safety and welfare of the property owners
and residents therein and in the community and to provide for the maintenance of the
private roadway and amenities, and to this end, desires to subject the real property
described in Section 1.1.21 hereof to the covenants, conditions, standards, restrictions,
reservations, easements, charges, assessments and liens -set forth in this Declaration, each
and all of which is and are for the benefit of the property and each owner thereof, and
WHEREAS, Declarant has deemed it desirable for the efficient preservation of the
values and amenities in the community to create an agency to which should be delegated
and assigned the power of maintaining the private roadway and amenities, administering and
enforcing the covenants and restrictions contained in the Declaration and collecting and
disbursing the assessments and charges created by this Declaration, and
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WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota,
Minnesota Statues Chapter 317A, as a nonprofit corporation, Carriage Hill Homeowners
Association, Inc. for the purpose of exercising these functions;
NOW, THEREFORE, Declarant declares that the real property described in Section
1.1.21 hereof is, and shall be, held, transferred, sold, conveyed and occupied subject to the
following covenants, conditions, restrictions, easements, charges and liens (sometimes
referred to as "covenants and restrictions"), which covenants and restrictions shall run with
the real property and be binding on all parties having any right, title or interest in the
hereinafter described properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. I Definitions. The following words, when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
1.1.1 "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of
the Association as they may exist from time to time.
1.1.2 "Assessment" shall mean and refer to those charges made by the association from time
to time, against each Lot within the. Property for the purposes, and subject to the terms, set
forth herein.
1.1.3 "Association" shall mean and refer to Carriage Hill Homeowners Association, Inc. a
Minnesota non-profit corporation, and its successors and assigns.
1.1.4 "Board" or 'Board of Directors" shall mean and refer to the board of directors of the
Association, which is the governing body of the Association.
1.1.5 "By -Laws" shall mean and refer to the by-laws of the Association as they may exist
from time to time.
1.1. b . "City" shall mean the City of Orono, Minnesota, a municipal corporation under the
laws of the State of Minnesota.
1.1.7 "Common Expenses" shall mean and refer to all expenses lawfully made or incurred
by or on behalf of the Association in connection with the performance of any obligation or
function of the Association hereunder or under the Articles of Incorporation or the Bylaws.
1.1.8 "County" shall mean and refer to Hennepin County, Minnesota.
1.1.9 "Carriage Hill. " The plat in which the property subject to this Declaration is located.
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1.1.10 "Declarant" shall mean and refer to BohLand Development, Inc., a Minnesota
corporation and its successors and assigns, if such successor or assign shall acquire more
than one undeveloped Lot from the Declarant for the purpose of development of Carriage
Hill as a whole, as opposed to construction for sale of Dwellings on particular Lots.
Notwithstanding the foregoing, no individual or entity acquiring a Lot from the Declarant
shall become the Declarant solely by such acquisition, but only by a specific assignment and
assumption of the rights and obligations of the Declarant hereunder, which assignment and
assumption shall not be effective unless the instrument of conveyance expressly sets forth
the same. In the event of such an assignment, the assigning Declarant shall have no further
obligations to any Owner or the Association arising out of this Declaration.
1.1.11 "Declaration" shall mean and refer to this instrument, and all exhibits hereto, as the
same may be amended from time to time, and filed for record in the office of the County
Recorder and/or Registrar of Titles (whichever is appropriate).
1.1.12 "Dwelling" shall mean and refer to any dwelling on a Lot intended for use as a
single-family dwelling.
1.1.13 "Entrance Monument" shall mean one or more entrance monuments for Carriage Hill
to be constructed by the Declarant on the real property legally described on Exhibit B
attached hereto, and to be maintained by the Association in accordance with the provisions
of this Declaration.
1.1.14 "Lot" shall mean and refer to any lot, except Lot 1, Block 1, Carriage Hill, located
within the Property which is platted as a residential lot and which is intended for use as, or
used as, a site for a single Dwelling, but shall not include any Outlot located within the plat
of Carriage Hill.
1.1.15 "Member." Each Owner entitled to membership in the Association pursuant to the
provisions of Article 11.
1.1.16 "Mortgage" shall mean and refer to a deed of trust, mortgage, contract for deed, or
other security instrument granting, creating or conveying a lien upon, a security interest in,
or a security title to any portion of the Property, or any interest therein.
L 1.17 "Mortgagee" shall mean and refer to any entity or person named as mortgagee in any
mortgage deed granting a lien ("Mortgage") on any Lot.
1.1.18 "NURP Ponds/Drainage Ways" shall mean the areas reflected as Drainage
Easements on the Plat of Carriage Hill.
1.1.19 "Owner." The record Owner or contract vendee of the fee simple title to any Lot,
but excluding contract vendors, mortgagees or any others having such interest merely as
security for the performance of an obligation.
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1.1.20 "Private Roadway" shall mean the roadway constructed over Outlot C, Carriage Hill,
according to the plat thereof on file or of record in the Office of the County Recorder
and/or Registrar of Titles (whichever is appropriate) in and for Hennepin County,
Minnesota.
1.1.21 "Property" shall mean and refer to that real property legally described in Exhibit A,
attached hereto and made a part hereof.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 2.1 Membership Each owner of a lot (except Lot 1, Brock 1, Carriage Hill) is a
Member of the Association. Membership shall be appurtenant to and may not be separated
from ownership.
Section 2.2 Voting Rights. The Association shall have only one (1) class of voting
Membership:
Members shall be all Owners of one or more Lots. When more than one person or
entity shares ownership of a Lot, the vote shall be exercised as they determine among
themselves.
Section 2.3 Suspension of voting Rights of Members. The right of any Member to vote shall
be suspended during any period in which any such Member shall be delinquent in the
payment of any assessment levied by the Association. Such rights may also be suspended,
after notice and hearing, for a period not to exceed sixty (60) days for any infraction of any
rules or regulations published by the Association.
ARTICLE III
PRIVATE ROADWAY
Section 3.1 Roadway and Utility Easements. Declarant hereby declares, grants, quitclaims
and creates a perpetual, non-exclusive private easement over the Private Roadway (Outlot
C, Carriage Hill) for vehicular travel and for the installation and maintenance of utilities
which easements shall be for the benefit of the Lots and for use by the Owners and their
invitees and other public service providers, such as police, fire, bus and ambulance services.
Lot 2, Block 1, Carriage Hill will have access to Outlot C, Carriage Hill via Outlot B,
Carriage Hill. Outlot B, Carriage Hill shall serve Lot 2, Block 1, Carriage Hill and title to
Outlot B, Carriage Hill shall be conveyed to the owners of Lot 2, Block 1, Carriage Hill.
The owners of Lot 2, Block 1, Carriage Hill shall be solely responsible for the installation,
maintenance and repair of the driveway to be Iocated on Outlot B, Carriage Hill.
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Section 3.2 Ownership of the Private Roadway. The fee title to the Private Roadway
(Outlot C) shall be owned and held by the Association, subject to the easements described
in Section 3.1 above. In the event City shall determine it to be in the public interest to
utilize the Private Roadway as a public street, the Association shall, after notice in
accordance with applicable provisions of the City's Code and Minnesota law, convey its
interest in the 'Private Roadway (Outlot C) to the City for no additional consideration
therefor.
Section 3.3 [This section has been intentionally deleted.]
Section 3 A Maintenance and Removal of Private Roadway and Tree Maintenance.
3.4.1 Declarant shall be responsible, at its expense, for initial construction of the Private
Roadway, which shall in all respects conform to the requirements of the City. The
Association shall pay for any and all costs incurred in connection with the maintenance,
repair and replacement of the Private Roadway, and shall assess all such costs among the
Owners of the Lots equally as a Common Expense Assessment. Maintenance shall include
reconstruction, resurfacing, snow removal, sanding, and salting, as necessary, lighting,
striping, and curbing as the Association shall determine necessary, provided, however, that
all maintenance shall be conducted in compliance with all applicable provisions of the City
of Orono Municipal Code (the"Code").
3.4.2 The plans, specifications and -the awarding of -contracts for maintenance of the Private
Roadway shall be approved in writing by the Owners of fifty percent (50 %) of the Lots.
3.4.3 No Owner may exempt himself/herself from the liability for assessments by waiver of
the use or enjoyment of the Private Roadway or by the abandonment of his/her Lot.
3.4.4 The lot owners shall be responsible for the care and maintenance of trees on their
individual lots including all trees initially installed by Declarant as required by the City of
Orono.
Section 3.5 Prohibitions of Use of Private Roadway.
3.5.1 No Owner shall obstruct or interfere whatever with the rights and privileges of other
Owners in the Private Roadway - and except for maintenance of the Private Roadway,
nothing shall be planted, altered, constructed upon or removed from the Private Roadway.
3.5.2 No Owner shall obstruct or interfere with the passage of any school bus or emergency
vehicle over or across the Private Roadway.
3.5.3 No vehicles shall be parked in the Private Roadway for a continuous period of time
greater than twenty-four hours.
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3.5.4 No vehicular repair or maintenance may be conducted in the Private Roadway.
Section 3.6 Violation and Enforcement.
3.6.1 In the event the Owners. fail to conduct any required maintenance to the Private
Roadway, it is agreed by all Owners that the 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 Private Roadway
becoming a public roadway. Each Owner will pay to the City its equal, proportionate cost
incurred by the City within thirty (30) days after Owner's receipt of such charges, or else
such charge, including attorneys' fees and costs in collection thereof, shall become a lien
upon the Lot for which payment has not been made.
3.6.2 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 Private
Roadway, Owners may restore the Private Roadway to its prior condition and assess the cost
of such restoration against the violating Owner. Any such assessment shall become due and
payable upon the demand of any of said remaining Owners. All of the remaining Owners,
or any of 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 Owners 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
is intended to alleviate any obligation of an Owner to pay assessments to the City. In the
event any assessments are levied by the City as a result of violations of an individual Owner
or Owners, then such non -violating Owners may collect such sums paid to the City from any
violating Owner, in accordance with this Section.
ARTICLE IV
[THIS ARTICLE HAS BEEN DELETED INTENTIONALLY]
ARTICLE V
ENTRANCE MONUMENTS
Section 5.1 Easements. The Declarant hereby grants and conveys an easement to the
Association over, under and across the real property described on Exhibit B attached hereto
for the purpose of maintaining, repairing and restoring the Entrance Monuments and the
landscaping surrounding the Entrance Monuments.
C�
ARTICLE VI
NURP PONDS/DRAINAGE WAYS
Section 6.1 Easements. The Declarant hereby grants and conveys to the Association, an
easement over,. under and across the real property depicted on Exhibit C attached hereto,
and such additional real property of the Owners as is reasonably necessary to gain access
to and from the NURP Ponds/Drainage Ways; for the purpose of maintaining, repairing and
restoring the NURP Ponds/Drainage Ways in accordance 'with all applicable rules,
regulations and statutes.
Section 6.2 Violation and Enforcement.
6.2.1 In the event the Association fails to conduct any required maintenance to the NURP
Ponds/Drainage Ways, it is agreed by the Association and the affected Owners that the 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 NURP Ponds/Drainage Ways becoming a public area. Each Owner will pay
to the City its equal, proportionate cost incurred by the City within thirty (30) days after
Owner's receipt of such charges, or else such charge, including attorneys' fees and costs in
collection thereof, shall become a lien upon the Lot for which payment has not been made.
ARTICLE VII
DUTIES OF ASSOCIATION
Section 7.1 Maintenance by Association. The Association shall provide the following
maintenance:
7.1.1 Maintenance of any Entrance Monuments specific to Carriage Hill, and the
landscaping and grounds around the Entrance Monuments;
7.1.2 Maintenance, repair and replacement of the NURP Ponds in accordance with all
applicable rules, regulations and statutes.
7.1.3 Maintenance, repair and replacement, as necessary, of the Private Roadway; the
costs for which shall be assessed among the Lots equally as a Common Expense
Assessment.
7.1.4 Maintenance, for purposes of this Declaration, shall include, but not be limited to,
as necessary, any hazard and liability insurance deemed necessary by the Association.
it
Section 7.2 Enforcement of Covenants and Restrictions. The Association shall be
responsible for the enforcement of the covenants and restrictions contained in this
Declaration.
ARTICLE. VIII
ASSESSMENTS
Section 8.1 Creation of Assessments. The Declarant, for each Lot owned by it, hereby
covenants, and each Owner of any Lot, by acceptance of a deed for a Lot, whether or
not it shall be so expressed in the deed or any conveyance, is deemed to agree to pay to
the Association: (a) Annual Assessments, and (b) any Individual Lot Maintenance
Assessments levied against the Owner's Lot pursuant to the provisions of this
Declaration.
Section 8.2 Purpose of Annual Assessments, The Annual Assessments shall be levied for
the purpose of paying the costs associated with the duties of the Association as set forth
in this Declaration, together with the incidental costs of operating the Association.
Section 8.3 Levy of Annual Assessments. The Annual Assessment must be fixed at a
uniform rate for all lots.
Section 8.4 Common Expense Assessments. Common Expense Assessments shall be
allocated equally among all Lots.
Section 8.5 Individual Lot Maintenance Assessments. In the event that any Owner
violates any covenant or fails to perform any term, covenant or condition contained in
this Declaration, the Association may perform the act, remove the defect or correct the
violation upon thirty (30) days written notice to the Owner and may levy an assessment
to pay the cost thereof (hereinafter, "Individual Lot Maintenance Assessment") against
such Owner's Lot.
Section 8.6 Effect of Nonpayment of Assessment; Remedies of Association. The Annual
Assessments and Individual Lot Maintenance Assessments shall be fixed as provided in
this Declaration. If any such assessment is not paid when due, it shall become
delinquent and shall, together with - interest at a rate of eight percent (8 %) per annum,
any cost of collection and any attorney's' fees, become a continuing lien on the Lot and
shall also -be the personal obligation of the Owner of the Lot at the time the assessment
is made. The lien may be enforced and foreclosed by action in the same manner in
which mortgages may be forccloscd in Minncsota. Each Owner, by acceptance of a deed
for any Lot, shall be deemed to give full and complete power of sale to the Association
and to consent to a foreclosure of the lien by advertisement. The Association may also
bring an action at law against the Owner personally obligated to pay the assessment.
Section 8.7 Subordination of Lien to First Mortgages. The lien of Assessments provided
for herein shall be subordinate to the lien of any first Mortgages, and the sale or transfer
of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot
pursuant to the foreclosure of a First Mortgage, or pursuant to any other proceeding, or
arrangement .in lieu of such foreclosure, shall extinguish the lien of such Assessments as
to installments which became due prior to the ' effective date. of such sale, transfer or'
acquisition by the Mortgagee to the end that no Assessment liability shall accrue to an
acquiring Mortgagee except with respect to installments of Assessments becoming due
after possession has passed to such acquiring Mortgagee, whether such possession has
passed at the termination of any period of redemption or otherwise. In the event of the
extinguishment of such Assessment lien as aforesaid, the entire amount of such unpaid
Assessment shall be reallocated and assessed' against, and payable by the Owners of all
other Lots exclusive of such mortgaged Lot. No such sale, transfer or acquisition of
possession shall relieve an Owner or a Lot from liability for any Assessments thereafter
becoming due or from the lien thereof, or shall relieve the person personally obligated to
pay the Assessments which were levied prior to the transfer of such property from the
personal obligation to pay the same.
Notwithstanding any provision herein, no land or improvements devoted to Dwelling use
shall be exempt from said assessments, charges or liens.
ARTICLE IX
LOT USES AND RESTRICTIONS
Section 9.1 Use. No Lot shall be used except for residential purposes; no Dwelling shall
be erected, altered, placed or permitted to remain on any Lot other than one single
family Dwelling, not to exceed two (2) stories in height, plus basement and an attached
garage for at least three (3) cars and on -site parking spaces to accommodate at least two
(2) cars. No garages shall be erected on any site except attached garages and no
attached garage for more than four (4) cars shall be permitted without the express
written approval of the Declarant. Any and all initial construction, or alteration to the
exterior of any structure within Carriage Hill shall first be approved by the Declarant
prior to any construction or alteration. No Dwelling or other structure shall be erected,
or the exterior altered until the construction plans, building plans, colors, exterior
materials, roofing, and landscaping plans are submitted and approved in writing by the
Declarant.' After the last Dwelling has been constructed on the property subject to this
Declaration, the rights and responsibilities of the Declarant under this paragraph shall
automatically pass to the Association.
Section 9.2 Subdivision. No Lot shall be subdivided or split by any means whatsoever
into any greater number of residential Lots, nor into any residential lots of smaller size
without the express written consent of the Association and appropriate government units
except that if the Owner of a full Lot desires to construct a Dwelling using an area larger
0
than the area of any one single Lot as originally platted, then the adjoining Lot may be
divided and part thereof added to any one of more adjoining single Lots solely for the
purpose or result of increasing the area on which a single-family Dwelling will be
erected. No Dwelling shall be erected on a Lot which contains a lesser area that any
.original Lot as platted.
Section 9.3 Detached Vehicle Stora a Structures. No vehicle storage building or
structure detached from the Dwelling shall be permitted, except structures that conform
architecturally, using the same building materials and style as the Dwelling and with the
approval of the Association. Storage of firewood, refuse, rubbish, and cuttings, will be
contained within the garage or screened to prevent view from street or side and rear
yard of adjacent properties.
Section 9.4 Governmental Standards. All uses of the Lots shall, at a minimum, comply
with zoning and other applicable ordinances and regulation of appropriate government
units. Such regulations shall be considered as requirements in addition to any
requirements of the Association.
Section 9.5 Minimum S uare Footage and Set Back Provisions. The Association shall
have the right to specify a reasonable minimum square footage for any Dwelling and to
increase minimum setbacks from those otherwise specified under local ordinance to help
sight lines, street scape and rear lot appearances.
Section 9.6 No Pets and Animals. No birds, animals or insects shall be kept on any Lot
except dogs, cats and other common house pets provided that they are not kept, bred or
maintained for commercial purposes. Cats must be restrained within a confined area
when outside the home or garage. Dogs must be kept under voice control or kept on a
leash or restrained within a confined area when outside the home or garage. The
Association shall have authority to determine compliance with these provisions.
Section 9.7 Home Occupation. No profession or home industry shall be conducted in any
Dwelling or on any Lot without the specific written approval of the Association. Home
occupations may be permitted within the home that do not create a nuisance or excessive
vehicular traffic within the neighborhood.
Section 9.8 Nuisances.' No clothes line or. drying yards or above ground pet control lines
shall be permitted unless concealed by hedges or screening acceptable by the
Association. No unsightly growths shall be permitted to grow or remain upon the
premises. No refuse pile or unsightly objects shall be allowed on any Lot. In the event
that an Owner of any Lot shall fail or refuse to keep it free from weeds, refuse or other
unsightly objects, then the Declarant or the Association may enter upon such Lot and
remove the same at the expense of the Owner. No Lot shall be used in whole or in part
for storage of rubbish, nor for the storage of any property or thing which will cause such
Lot to appear unclean or untidy nor shall any substance, thing or material be kept on
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any Lot which emits any foul or obnoxious odor, or which causes any noise which may
disturb the peace, quiet, comfort, or serenity of the occupants of any adjacent property.
The outside storage of an unlicensed or inoperable motor vehicle upon a Lot shall be
considered a nuisance. No boat, trailer or camper shall be parked for more than 48
hours on any. Lot or on the Private. Roadway. .
Section 9.9 No - Leasing or Time share. No Owner shall be permitted to Lease his or her
Dwelling. Time share of Dwellings are not permitted.
Section 9.10 Fences and Boundary Walls. No wall or fence shall be constructed on any
Lot until the height, type, design, and location have been approved in writing by the
Association. Fencing for dog runs must be incorporated with the Dwelling materials, and
may not extend toward the front yard beyond the rear wall of the Dwelling closest to the
rear property line, and must be built of wood or identical siding materials as the home
and be comparable with the original home design. Decorative fences/walls constructed
in front yard areas must be 60 inches in height or less and be built of wood, wrought iron
or materials identical to or complementary with the exterior of the home itself or else
identical to the exterior of the home. Fencing or dog runs must be incorporated with the
house materials and must not extend toward the front yard beyond the rear wall of the
house closest to the rear property line and, subject to approval by the Association, must
be constructed of wood or other identical or complementary materials, as above -
described. Chain link fencing shall be permitted only if inside of and concealed by wood
fencing. Under no circumstances shall a boundary wall or fence be permitted with a
height of more than six (6) feet. The height or elevation of any wall or fence shall be
measured from the existing, elevations on the property at or along the applicable point
or lines. Any question as to such heights may be completely determined by the
Association. The height limitations as set forth in this paragraph shall not be applicable
to tennis court enclosures, provided such enclosures have been approved by the
Association. A refusal by the Association to allow or permit a fence or wall (including
tennis court enclosures and swimming pool fences) on any particular Lot in any
particular location shall not be construed to be an abuse of discretion.
Section 9.11 Storage Tank. No permanent storage tanks of any kind shall be erected,
placed or permitted on any Lot unless buried or effectively screened from view outside
the Lot.
Section 9.12 Temporary Structures. No structure of temporary character, trailer,
basement, • tent, shack, garage, barn or other building shall be used on any Lot at any
time as a Dwelling, either temporarily or permanently.
Section 9.13 Auxiliary Structures. No detached dog kennels, runs or enclosures shall be
permitted unless design and location of same shall be approved by the Association. No
detached storage buildings shall be permitted except those approved by the Association
as conforming in design and appearance to the Dwelling, and which are located in the
11
proximity of the Dwelling or garage.
Section 9.14 Driveways. Driveways must be constructed of concrete, bituminous or other
hard surface material. Material and installation shall be subject to approval of the
Association. Driveways, must be installed .within.six months of the date of a Certificate_
.of Occupancy issued for any Dwelling constructed. upon a Lot:
Section 9.15 Exterior Lighting All exterior lighting fixtures and standards shall be shown
on submitted plans and shall comply with the overall lighting plan of the Declarant. All
forms of exterior lighting shall be subject to approval of the Association.
Section 9.16 Exterior Ornaments. Exterior ornaments including, but not limited to
precast concrete, plastic or wood figurines, wishing wells and windmills shall be
prohibited unless approved by the Association prior to installation or construction.
Section 9.17 Antennas. Except with the prior written approval of the Association, no
satellite dishes in excess of 24 inches in diameter, nor any exterior television or radio
antenna of any sort shall be placed, allowed or maintained on any portion of a Lot, or
the improvements or structures thereon. Approval shall be based on acceptable
appearance, small size and screening, from view.
Section 9.18 Completion of Construction of Improvements. All construction. work shall,
upon approval of plans by the Association, be carried on with dispatch; all improvements
shall be constructed in conformity with the then existing building codes of the City; and
all building plans shall be prepared by or under the supervision of a registered architect,
builder or qualified design professional. If any structure is begun after approval of the
plans, and is not completed within one year after the commencement of said
construction, and in the judgment of the Association, it is offensive or unsightly in
appearance, the Association may take such steps as may be necessary to make the
Property harmonious with other properties, including completion of the exterior of the
structure, screening or covering the structure or any combination thereof, or similar
operations. The amount of any such expenditure shall be the personal, joint and several
obligation of the Owner or Owners and shall be a lien against the lot which may be
enforced as an Individual Lot Maintenance Assessment hereunder.
Section 9.19 Repair to Roadway. It shall be the responsibility of the Owner to repair or
replace any roadway damaged during construction of the Dwelling or during site
improvements made to Owner's Lot.
Section 9.20 Sitework. All Lots shall be sodded and/or seeded, within six (6) months of
completion of the Dwelling, weather and season permitting, or as soon as possible in the
subsequent growing season, if the Dwelling is completed during winter months. Sod (or
ground cover approved by the Association) shall be placed, at a minimum, for total
12
coverage of the front and side yards except areas of preserved vegetation and extending
forty (40) feet beyond the rear wall of the Dwelling closest to the rear property line.
The remainder of the rear yard may be sodded, seeded, or planted in a manner which
will produce sufficient vigorous grass growth or ground cover which provides the same
appearance and growth character or soil protection as the sod placed or natural seed
mixtures planted or planned for planting.
Section 9.21 Landscaping. All landscape materials shall be hardy and native to the area.
All landscaping and grass areas within the Lot shall be installed within six (6) months of
completion of the Dwelling, or as soon thereafter as weather permits, and shall :conform
to general planting guidelines as set by the Association or Declarant, and be maintained
in good faith.
Section 9.22 Signage. No sign shall be placed on any Lot or within the Property without
the express written consent of the Association, except that one "for sale" sign of typical
size and proportion not greater than 5 square feet may be placed on a Lot by an Owner
or the Declarant without Association approval.
Subdivision identification entrance monuments may be installed by Declarant and
entrance and advertising signs may be installed by Declarant and maintained until
Declarant no longer owns any Lot.
During the construction and -sales period of Carnage Hill, the Declarant may place such
directional and advertising signs as it deems necessary or desirable for the sale of Lots.
Section 9.23 Drainfields and Wetlands. Each Lot has two sewage treatment sites that
have been approved by the City. In most cases, these are the only two feasible sites on
each Lot, and must not be disturbed. The existing natural topsoil must remain in place
and must not be subject to any traffic which will cause even the slightest compaction. To
protect those important sites from inadvertent damage or destruction, no Owner shall
permit any cars, trucks, or earth moving, equipment to enter upon the Lot of any other
Owners. Each Owner must sign a separate Drainfield Covenant in the form attached
hereto as Exhibit D, which such Covenant shall be recorded against the Owners' Lots.
To promote natural vegetation, maximize wildlife habitat, control erosion, improve water
quality for the benefit of the Owners of the Lots, no person. shall fill, install any
structure, apply any herbicide, drain, burn, remove any trees, or undertake any activity
which violates the rules, regulations or ordinances of the Minnehaha Creek Watershed
District, the U.S. Corps of Engineers, the City, or such other applicable laws and
regulations.
In addition, each Owner is hereby notified that any and all land alterations which affect
the Type I and Type 11 wetlands delineated on Exhibit E attached hereto, must be
approved by the Minnehaha Creek Watershed District, the U.S. Corps of Engineers and
191
the City prior to submitting the plan for alteration to the City. This Covenant of
Dedication concerning Type I and Type II wetlands may be changed, modified or
revoked only upon written approval of the Minnehaha Creek Watershed District, he U.S.
Corps of Engineers and the City.
ARTICLE X
OWNER'S DUTIES WITH RESPECT TO
LOT MAINTENANCE
Section 10.1 Mailboxes. Each Owner shall purchase and maintain a mailbox of the
design and type required by the Declarant or as on file with the Association. The
mailboxes shall be on the public right-of-way, and may be located in groups of two (2) or
more. The Association reserves the right to install or repair an Owner's mailbox and to
levy an Individual Lot Maintenance Assessment against a Lot, pursuant to the provisions
of Article VIII hereof, should an Owner fail to properly install or maintain the same.
Each Owner shall have a combined Mailbox/Lot Address Post or (when due to postal
requirements) a separate Mailbox Post and Lot Address Post. Posts shall be obtained
from a supplier designated by the Association or be constructed by a prior approved
contractor/vendor in strict conformance with the Association's plans, details, and
specifications therefor. Mailboxes shall be installed in locations specified by the
Association.
Section 10.2 Maintenance and Repair.. In order to preserve the uniform and high -
standard appearance of the Property, each Owner undertakes responsibility for
maintenance and repair of the exterior of his or her Dwelling, exterior yard area and
private driveway on the Lot. Such responsibility for maintaining the Lot and
improvements thereon shall include, but not be limited to the following: the maintenance
and repair of exterior surfaces of all buildings on the Lot, including but without
limitation, the painting of the same as often as necessary, the replacement of trim and
caulking, the maintenance or repair of roofs, gutters, down spouts and overhangs, the
maintenance and repair of exterior windows and doors, necessary painting, staining and
repair of patio structures. In maintaining exterior yard areas and private driveways all
Owners shall be required to mow, trim, water or otherwise care for grass, trees or other
plants located on a Lot and shall be required to remove snow from the private
driveways, parking, areas and walkways to the Dwelling. Maintenance, painting and
construction shall be in the original colors and materials, or according to approved color
boards on file with the Association. Other colors and materials shall require approval by
the Association.
ARTICLE XI
GENERAL PROVISIONS
Section 11.1 Association Easement. The Association shall have a nonexclusive easement
to enter upon any Lot in order to perform any obligations or duties of the Association
hereunder, or to exercise any right or remedy of the Association hereunder.
14
Section 11.2 Enforcement. In the event any Owner fails to comply with the provisions of
this Declaration, or the Bylaws or Articles of Incorporation of the Association or with
decisions of the Association or the Association which are made pursuant thereto, such
failure will give rise to a cause of action on the part of the Association, or any aggrieved
Owner .for the recovery. of damages or injunctive relief, or both. Owners shall have a
similar right of action ' against the Association. Enforcement_ of these covenants and
restrictions may be by any proceeding at law in equity.
Section 11.3 Severabilitv. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision which shall remain in
full force and effect.
Section 11.4 Rules and Reg Lilations. The Board of Directors of the Association may,
from time to time, adopt such rules and regulations as the Board, in its sole discretion,
deems appropriate or necessary, including, without limiting the generality of the
foregoing, additional rules and regulations concerning the use of parking areas,
maintenance of the Common Areas and additional rules and regulations concerning the
appearance of each Lot and utilization of ponding areas. Without limiting the generality
of the foregoing, the Association may adopt rules and regulations governing the use of
chemical fertilizers.
Section 11.5 Rights of Declarant. Until the _last Lot is sold and conveyed to an Owner
other than a Declarant, the following activities by Declarant or with the written consent
of Declarant will not be deemed violations of the covenants and restrictions of this
Declaration:
(a) The use of a Lot or Lots for model and sales office purposes;
(b) The storage of a construction trailer, equipment, materials and earth during the
initial construction of Dwellings on Lots;
(c) The display on Lots of signs advertising the Property, or new Dwellings, and the
maintenance of temporary fencing, walkways, landscaping and berming in the vicinity of
model and sales -units;
(d) Complete improvements indicated on the Plat, if any.
Section I t . 6 Duration of Covenants and Easements. The covenants, restrictions, and
easements of this Declaration shall run with and bind the land and shall inure to the
benefit of and be enforceable by the Association or the Owner of any Lot subject to this
Declaration, or their respective legal representatives, heirs, successors and assigns. The
easements set forth herein shall be perpetual. The covenants, restrictions, conditions and
reservations imposed and created by this Declaration shall be perpetual, and considered
15
exempt from the thirty (30) year durational limit set forth in Section 500.20, Subd. 2a of
Minnesota Statutes, pursuant to Minn. Stats. Section 500.20 subd.2a(5). The covenants
and restrictions of this Declaration may be amended by an instrument signed by not less
than sixty percent (60 %) of the Owners. Any amendment must be properly recorded.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein; has
executed this Declaration of Protective Covenants this day of
.1999.
BohLand Development, Inc.
a Minnesota corporation
Q
Steven R. Bohl
It's President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this;Sp day of ,
19_9a by Steven R. Bohl. the President of BohLand Development, Inc., a MiAesota
corporation on behalf of the corporation.
MICHAELT HOEOD
Notary Public NOTARY PUBLO-MINNE
My Commission E)VINS d &
EMT
rvv �/-
This instrument was drafted by:
Michael T. Hoekstra
Attorney at Law
19075 Easton Road
Wayzata, MN 55391-3126
Ph (612) 473-9374
FAX (612) 476-1767
16
EXHIBIT A
[PROPERTY SUBJECT TO DECLARATION]
Lots 2, 3, 4, 5, and 6, Block 1, and Outlot C, CARRIAGE HILL, according to the
recorded plat thereof, Hennepin . County, Minnesota.
17
Exhibit B
Westwood Professional Services, Inc.
104 Marty Drive, Suite 3
April 26, 1999 Buffalo, NIN 55313
Phone:612-682-2587
Fax:612-682-2539
LEGAL DESCRIPTION - Proposed Monument Easements Toll Free: 1-888-682-2587
Email: wps@mstwoodps.com
That part of Lot 5, Block 1, CARRIAGE HILL, according to the recorded plat thereof, Hennepin County,
Minnesota, described as follows:
Beginning at the most westerly comer of said Lot 5; thence northeasterly along the northwesterly line of said Lot 5 a
distance of 25.00 feet; thence southeasterly angle left 90 degrees 00 minutes 00 seconds a distance of 25.00 feet;
thence southwesterly angle Ieft 90 degrees 00 minutes 00 seconds a distance of 25.00 feet to the southwesterly line
of said Lot 5; thence northwesterly, along said southwesterly line, a distance of 25.00 feet to the point of beginning.
ALSO
That part of Lot 6, Block 1, CARRIAGE HILL, according to the recorded plat thereof, Hennepin County,
Minnesota, described as follows:
Beginning at the most southerly corner of said Lot 6; thence northeasterly along the southeasterly line of said Lot 6
a distance of 25.00 feet; thence northwesterly angle right 90 degrees 00 minutes 00 seconds a distance of 25.00 feet;
thence southwesterly angle right 90 degrees 00 minutes 00 seconds a distance of 25.00 feet to the southwesterly line
of said Lot 6; thence southeasterly, along said southwesterly line, a distance of 25.00 feet to the point of beginning.
Designing the Future Today ,..since 1972
EXHIBIT C
[POND EASEMENT AREAS]
The pond easement area located on Lot 5, Block 1, Carriage Hill as depicted on the plat
of Carriage Hill [SEE ATTACHMENT]
19
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EXHIBIT D
[DRAINFIELD COVENANT]
THIS INDENTURE,' is. made as of the day of , 19
by {"Owners")
RECITALS:
WHEREAS, the Owners are the fee owners of the land legally described as
follows (the "Lot") :
Lot _ Block 1, CARRIAGE HILL, according to the recorded plat thereof,
Hennepin County, Minnesota.
WHEREAS, the City of Orono, Minnesota ("City") has required the Owners to
sign this Indenture acknowledging and creating, certain covenants against the Lot.
WHEREAS, the Lot has two sewage treatment sites that ' have been approved by
the City. The City has determined that these two sites are the only two feasible sites on
the Lot, and must not be disturbed. As such, the existing natural topsoil must remain in
place and must not be .subject to any traffic which will cause even the slightest
compaction.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Owners do intend to subject their Lot
to the following covenants:
1. The Owners acknowledge and agree that the Lot has two sewage treatment
sites that have been approved by the City and the Owners understand that these two
sites are the only two feasible sites on the Lot, and must not be disturbed.
2. The Owners agree and covenant that the existing natural; topsoil on their Lot
shall remain in place and will not be subject to any traffic which will cause even the
slightest compaction.
3. The Owners agree that to protect those important sewage treatment sites from
inadvertent damage or destruction, they SHALL NOT permit any cars, trucks, or earth
moving equipment to enter upon their Lot or any the Lot of any other owner in the
Carriage Hill development.
4. The Owners SHALL NOT construct any driveway, erect any building, or
permit earth moving equipment on the Lot without first:
A. Erecting a clearly visible fence during, construction twenty feet from the
boundary of its sewage treatment sites along that part of. the site that is between. the site
and all areas which. are assessable to earth moving, equipment; and
B. Erecting a clearly visible fence during construction along that part of the Lot
line that is between an adjacent owner's sewage treatment site and the areas on the Lot
which are accessible to earth moving equipment.
5. To assist the Owners in identifying the location of drainfields, each drainfield
has been staked at its comers. Further, the drainfield locations are shown on the
Preliminary Development Plan on file at the City's offices.
G. The covenants and restrictions contained in this Indenture shall run with and
bind the Lot and shall inure to the benefit of and be enforceable by the Carriage Hill
Homeowner's Association or the Owner of any other lot located in the Carriage Hill
development, or their respective legal representatives, heirs, successors and assigns. The
covenants and restrictions imposed and created by this Indenture shall be perpetual, and
considered exempt from the thirty (30) year durational limit set forth in Section 500.20,
subd. 2a of Minnesota Statutes, pursuant to Minn. Stats. Section 500.20 subd.2a(5).
IN WITNESS WHEREOF, the undersigned have executed this Indenture as of
the day and year first above written.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day
119 of by
Notary Public
21
EXHIBIT E
[DELINEATION OF TYPE I AND TYPE H WETLANDS]
(SEE ATTACHMENT]
22