HomeMy WebLinkAboutDeclaration of Cevenants, Condiions and Restrictions-2005 � ----- _ .
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ��,
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THIS DECLARATION is made this��`�ay of ,2005 by Conley
Brooks,Jr, and Carol G. Brooks, hnsband and wife(the`Brook s"),who are the owners in fee of
the land located in Heru�epin County,Minnesota, legalIy described as folIows: '
See legal description on Exhibit A attached(hereinafter the "Brooks
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Property") and as depicted on Exhibit B attached; and �
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WHEREAS, Charles P. Floyd and Joan M. Floyd,husband and wife(the"Floyds"),are the �
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fee owners of the land abutting to the Brooks Property on the easterly boundary, a(so in Hennepin ;
County,Minnesota, legally described as follows: '
See legal description on Exhibit C attached (hereinafter the"Floyd Property")and '�
as depicted on Exhibit B attached; and �!
WHEREAS the Flo ds aze fee owners of another arcel of land bordered n h I
, y p o t e north,east i
and west by the Brooks Property, which parcei of land is located in Hennepin Counry, Minnesota, i
legally described as follows: '
See legal description on Exhibit D attached(hereinafter the"Boathouse Parcel"), �
and as depicted on Exhibit B attached; and '
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WHEREAS,Exhibit B is a survey of portions of the Brooks Properiy,the Floyd Property,the
Baathouse Parcel,and surrounding land depicting Ehe relationship of the parcels;Exhibit B-1 depicts
the details of the Boathouse Pazcel and the shed, fences and dock thereon and furiher depicts the
details of the Brooics Property, with the dock and canopy thereon; and I
WHEREAS, the Brookses intend to encumber the Brooks Praperty hy creating certain '�
covenants, conditions and restrictions on the Brooks Property for the benefit of the Floyd Property ,
and the Boathouse Parcel, as hereinafter set forth. I
NOW, THEREF4RE, in the interest of protecting pra ert values, the Brookses hereb I
P Y Y
declare that the Brooks Property shall be occupied,held, sold and conveyed subject to and together �
� with the covenants,conditions and restrictions hereinafter created,which covenants,conditions and I'i
restrictions shall run with the Brooks Property as appurtenant thereto, for the benefit of the Floyd '
Property and the Boathouse Parcel as appurtenant thereto,and shall be binding upon and inure to the
benefit of all parties having any right,title or interest in the Broolcs Property,the Ffoyd Property and
the Boathouse Parcei,or any part thereof,their respective legal representatives,heirs,successors and '
assigns.
ARTICLE I
Definitions
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1.1 Owner. One or more persons or entities hoiding a fee simple interest in any parcel of
land subject to this Declaration,or holding a vendee's interest therein,shall be referred to herein as
"Owner".
ARTICLE II
Covenants
� 2.1 Grant and Location of Covenants. The Brookses hereby create covenants,conditions
and restrictions on, over, under, above and across the Brooks Pcoperty as follows:
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a. The 4wner of the Brooks Property will support the use of the Lake ',
Minnetonka shoreline of the Floyd Property by the Owner of the Flayd Property for boat docking and
recreation purposes. The Owner of the Brooks Property agrees not to object to any dock structures of �'
the Owner of the Floyd Property as long as the docic struciures are legal under Lake Minnetonka '
Conservation District and other pertinent water/docking laws and regulations,
b. The Owner of the Brooks Property will not object to the Owner of the ',
i Boathause Parcel's continued use and maintenance of the U-Shaped Dock structure and canopy(or �
substantially similar replacements) (the "Docks") as they existed on the Boathouse Parcel as of i
September 2002, and as depicted on Exhibit B-1.
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c. The Owner of the Brooks Property will not assert any setbacks or challenge
the existence,use or replacement(by a substantially similar structure}of the white storage shed/boat-
house(hereinafler the`Baathouse")existing on the Boathouse Parcel as of September 2002,nor of
the existing andlor replacemenE fences (by substantially similar fences) located on the Boathouse �
Parcel as of September 2002, and as depicted on Exhibit B-1.
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d. The Owner of the Brooks Property will not assert any setbacks or similar
rights or regulations against the U-Shaped Dock structure,boats,or canopy(or substantially similar
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replacements)as they exist on the Boathouse Parcel as of September 2002, and which are depicted
on Exhibit B-1 (hereinafter the"Docks"),or consistent with the following restrictions:the Owner of ,
the Boathouse Parce(may keep no more thar►two boats or watercraft,not inctuding windsurfers(no
Iimitation on the nnmber of windsurfers),docked on the Boathouse Parcel,subject to the following
conditions:
(I) Any boat or watercraft docked within the U-Shaped Dock will not �
exceed twenty-six (26) feet long by ten(10} feet wide;
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(2) Any boat or watercraft docked along the southwest side of the U-
Shaped Dock will not exceed twenty (20) feet long by six (6) feet
wide; and
(3) The measurement of the above referenced size limitations will not
include such items as swim piatforms,bow extensions,anchors,sail '
booms, engines, engine mounts, rudders and similar accessories or
equipment extending beyonc! the hull of the boat or watercraft. I
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e. The Owner of the Boathouse Parcel is obligated to replace the fence on the ,
west side of the Boathouse Parcel with a substantially similar fence and thereafter keep the fence in
good repair and condition. In the event the Owner of the Boathouse Parce! fails to maintain said {
fence in good condition,the Owner of the Boathouse Parcel and the Owner of the Brooks Property
will cure the disrepair througlt the following steps: �
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(1) The Owner of the Broaks Property shall cause a written demand for
repairs,including a detailed description of the repairs requested,to be
served on the Owner of the Boathouse Parcel by,registered mail.
(2) Upon receipt of the written demand, the Owner of the Boathouse
Parcel will have 30 days to cure the defect or make the repair.
(3) If, after 34 days of service of the initial demand, the Owner of the
Boathouse Parcel fails to cure, the Owner of the Brooks Property
shall cause a second written demand for repairs, including a detailed
description of the repairs requested and/or not completed, to be
served on the Owner of the Boathouse Parcel by registered mail.
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(4) Upon receipt of the second written demand, the Owner of the ',
Boathouse Parcel will then have 30 days to cure the defect or make '
the repair. II
(5} If, after 30 days of service of the second demand, the Owner of the
Boathouse Parcel fails to cure,the Owner of the Brooks Property may �
cause the repairs to be made in an efficient and businesslike manner
and thereafter submit, and the Owrier of the Boathouse Parcel shall
pay,for reimbursement of all reasonable,necessary and usaaI cQsts of �
i the work actuaIly completed.
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6 But if the !
( ) ground is Gozen,then the deadline for any requested work
shall not be any earlier than June 1 of the following spring. �
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(7) If necessary, the Owner of the Boathouse Parcel shall request I
permission in writing by registered mail from the Owner of the
Brooks Property to access the Brooks Property on specific date(s)to
the Iimited extent necessary to perform said maintenance and •
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replacement of the above referenced fence; the Owner of the Brooks
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Property shall respond in writing within twenty (20) days, and a �
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failure to respond shall be deemed a grant of permission to the i
request. 'I'he Owner of the Bro�ks Property shall not unreasonably
refuse to grant germission to the Owrter of the Boathouse ParceI to I
. perform said maintenance and replacement of the above referenced I
fence. �
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f. The Owner of the Brooks Property wili pose no ob}ections to the Owner of the i
iBoathouse Pazcel's creation of the Boathouse Parcel as a separate parcet of Iand, with the city of
Orono or any other governing agency,
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I ARTICLE III
' Miscellaneoas
� 3.1 Amendment. This Declazation may not be changed or modified in any way except by
an amendment hereto signed by the Owners of the Brooks Property, the Owners of the Floyd
Property and the Owners of the Boathouse Parcel, and the same duly recorded in the Office of the i
I Registrar of Titles,Hennepin County, Minnesota. '
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! 3.2 Effect. The covenants,conditions and restrictions herein contained shall be binding '
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upon the Owner of the Brooks Property, their families, guests, business invitees, contractors, and '
others claiming through or under the Owner of the Brooks Property. The covenants,conditions and ',
restrictions herein contained may be enforced by a benefited Owner,and the appropriate remedy for a
material breach hereof is specific performance,and monetary damages should not be sought unless
� specific performance does not adeyuately remedy the breach. II
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IN WITNESS WHEREOF, the Brookses executed this Declaration as of the day and year
first above written.
Conley rooks,Jr.
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Carol G. Brooks '�
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STATE OF MINNESQTA )
) ss:
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ��day of
[`iX.� �h��.J , 2005, by Conley Brooks, Jr. and Carol G. Brooks, husband and wife. ,
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Notary Public ,
� THIS INSTRUMENT DRAFT'ED BY:
I HELLMUTH&JOHNSON,PLLC
I0400 Viking Drive,Suite 500 J-° VIVAN C.BJORN
Eden Prairie,MN 55344 ':.°`�a,��',� Notary Puolic
Mirtnesofa i
Telephone: (952}941�005 ' ' r�yC«nmss�a,�;,e, 3�,��a �
Facsimile: (952)941-2337 '
' s�Floyds�RealEstatelssue�ExhibitK(Final) I
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EXHIBIT A
Parcel 1 (Brooks—980 Ferndale Road—Certificate of TitIe No. 856344)
All of the following described tract:
�Lot 24, "Country Club Estates Hennepin County, Minn.", except that part of said Lot 24 '
described as follows:
Commencing at the most Southerly corner of said Lot 24; thence Northwesterly along the
Southwesterly line of said Lot a distance of 26.6 feet; thence Northeasteriy deflecting to '
the right at an angle of 89 degrees and l8 minutes to the North }ine of said Lot 24; thence
East along the North Line of said Lot to the most Northerly Corner of Lot 23 in said
, Country Club Estates, Hennepin County, Minn.; thence Southwesterly along the line
hetween said Lots 23 and 24 to the point of beginning which lies Southerly of a }ine
drawn from a point on the West line of said Lot distant 205 feet South of the Northwest
comer of said lot, through a point on the Southeasterly line of said Lot distant 300 feet !
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SouthwesterIy of the Northeasterly corner of said lot.
UParcel 2 (Brooks— Shoreline per poc. No. 3622923 from Hennepin Co. Case No. 29864) i
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� �That part of Government Lot l, Section 2, Township117, Range 23, described as follows:
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Commencing at the most Southerly corner of said Lot 24; "Country Club Estates, ,
Hennepin County, Minn."; thence Northwesterly along the Sou#hwesterly line of said Lot �I
� 24, a distance of 26.6 feet; thence Southwesterly, deflecting to the left at an angke of 90 '
degrees and 42 minutes, to the center iine of County Road (Orono Road) as shown on ,
' said plat and the actual point of beginning of the land to be described; thence continuing I
Southwesterly, on the same course, to the shore line of Lake Minnetonka; thence '
Northwesterly, along said shore line, to the intersection with the southerly extertsion of
the west line of said Lot 24, thence Northerly, along said southerly extension, to said '
center line of County Road {Orono Road); thence Southeasterty, along said center line, to ��
the point of beginningf 5ubject to the public road over the northerly 33 feet af the above
described land.
(continued)
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Page 1 of 2
EXI-IIBIT A{continued)
Parcel 3
That part of Lat 4,North Shore Cottage Acres Lakes Minnetonka, lying southerly of a line
described as follows:
�� Commencing at the northeast corner of said lot; thence S�uth, along the east line of said
lot, a distance of 487 feet to the actual point of beginning of the line to be described; thence
westerly, deflecting to the right 88 degrees 30 minutes,to the westerly line of said lot and there
ternlinating.
That part of Lot 5,North Shore Cottage Acres Lake Minnetonka, lying southeasterly of a line
drawn from a point on the southwesterIy line of said lot distant 90 feet northwesterly from the
southeast corner of said lot to an angle point in the east line of said lot distant 99.1 feet northerly
from the southeast corner of said 1Qt.
That part ofLot 12,Narth Shore Cottage Acres Lake Minnetanka, and West Ferndale Road ,
� (dedicated in said plat as County Road), and accretions to said lot in Government Lot 2, Section ',
2, Township I 17, Range 23, described as follows: ,
Commencing at the intersection of the centerline of said West Ferndale Road with the I'
east line of said Government Lot 2 (which east line has an assumed bearing of North 0 degrees
11 minutes 54 seconds East); thence North 89 degrees 47 minutes 13 seconds West, alang said
centerline, a distance of 23.00 feet to the actual point of beginning of the land to be described;
� thence South 0 degrees I 1 minutes 54 seconds West, parallel with said east line, a distance of 52 '
feet, more or less, to the shoreline of Lake Minnetonka; thence southwesterly and westerly, along i
said shoreline, to the intersection with the southerly extension of the west line of said Lot 12;
thence northerly along sai west line and its southerly and northerly extensions, a distance of]00
feet, more or less, to th centerline of said West Ferndale Road; thence South 89 degrees 47
minutes 13 seconds E t, along said centerline, to the actual point of beginning.
Subject to the dedication in said plat to the public of County Road (now known as West
Ferndale Road}.
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EXHIBIT C
Parcel 1 (Floyd—960 Ferndale Road—Certificate of Title No. 595819}
That part of the following described property:
That part of Lot 24 Country C1ub Estates, Hennepin County, Minn., described as follows:
Commencing at the most Southerly corner of said Lot 24; thence NoRhwesterty along the
• Southwesterly line of said Lot a distance of 2b,6 feet; thence Northeasterly deflecting to
the right at an angle of 89 degrees and 18 minutes to the North line of said Lot 24; thence
East along the North Line of said Lot to the most Northerly Corner of Lot 23, Country
Club Estates,Hennepin County, Minn.; thence Southwesterly alang the line between said
� Lots 23 and 24 to the point of beginning;
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�� Also all of Lot 23, in said Country Club Estates, Hennepin County, Minn. lying southerly of a
line drawn from a point on the East line of said Lot 23 distant 220 feet South of the
Northeasterty corner of said Lot 23, through a point on the Northwesterly line of said Lot
23 distant 360 feet Southwesterly of the Northwesterly corner of said Lot 23.
Parcel2 (Floyd— Shoreline per poc. No. 3622923 from Hennepin Co. Case No. 29864)
That part of Government Lot 1, Section 2, Township 117, Range 23, described as follows:
Commencing at the most southerly corner of Lot 23, "Country Club Estates Hennepin '
County Minn."; thence South, atong the southerly extension of the east line of said Lot 23
to the center line of County Road (Orono Road) as shown on said plat and the actual
! point of beginning of the land to be described; thence continuing South, along said
southerly extension, to the southerly line of County Road (Orono Road);thence Westerly,
along said southerly line, a distance of 30 feet, more or less, to the shore line of Lake
Minnetonka; thence Nartherly and Northwesterly, along said shore line to the intersection
with Line A; thence Northeasterly, along said Line A, to said center line of County Road
(Orono Road); thence Southeasterly, along said center line, to the point of beginning.
Line A is described as follows: Commencing at the most southerly corner of Lot 24, said
plat;thence Northwesterly, along the southwesterly line of said Lot 24, a distance of 26.6
feet to the point of beginning of the line to be described;thence Southwesterly, deflecting �
to the left at an angte of 90 degrees and 42 minutes, to the shore line of Lake Minnetonka I
. and there terminating. Subject to the public road over the northerly 33 feet of the above '
described land.
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EXHIBIT D
That part of Lot 12, North Shore Cottage Acres Lake Minnetonka, and West Ferndale Road
{dedicated in said plat as County Road), and accretions to said lot in Government Lot 2, Section
2, Township 117, Range 23, described as follows:
Beginning at the intersection of the centerline of said West Ferndale Road with the east '
line of said Government Lot 2 (which east line has an assumed bearing of North 0 degrees I 1 �
minutes 54 seconds East); thence North 89 degrees 47 minutes I3 seconds West, along said
centerline, a distance of 23.00 feet; thence South 0 degrees l 1 minutes 54 sec�nds West, parallel
with said east line, a distance of 52 feet, more or less, to the shoreline of Lake Minnetonka;
thence northeasteriy, along said shoreline, to the intersection with the southerly extension of the
east line of said Government Lot 2; thence North 0 degrees 11 minutes 54 seconds East, along
C� said east line and its southerly extension, a distance of 34 feet, more or less, to the point of
� beginning. �
Subject to the dedication in said plat to the public of County Road (now knowr� as West i
Ferndale Road). �
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XHIBIT FOR: ROBERT FLOYD � ��,� � �_�'�. �. :���',�� 6� � � �3 ����
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t�znFlcanori: . �`''�'�''r °`�'`�b .� =\�. \���''•��� �� � I �s �����'
hereby certify ihat this mop wos prepared by me or under my direct � �0��0 �'�'t+,�4\'�+ �d� `._ � �� � 6
uperviston and thot I am a duly Licensed Land Surveynr under the laws `�+aq,`''�o-�� _� @� � ' '.� ; ����,
•f the State of I�Ainnesota. w�.�.a� \ � �,'��� , ��s����
�uted this 24th doy of September, 2002. ��: ` r
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•�����'� � DISPUT�D PARCEL
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. ; �����.� — — — — E��,�B�T Foa: ROBERT FLOYD
� WEST FERNOALE i ROAD
' � CERTIFlCA110N:
- - -�- - - - - - - - - - - - - - _ _ _
- _ I hereby certify that this mop was prepared by me or unde� my direct
,�,,,��„��„�,�, N 89'47'13" W ` _ — �o-� supervision and that 1 am a duly Licensed Land Surveyor under the laws
� 23�00 `"'�+s' of the State of Mi�nesoto.
- -�-- - } '—-�"�--�_ Oated this 18th day of Juty, 2002.
; - - - - - "' `
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n o0
' 3 ,� ; � � � Jack Bolke
"' Min�esota License No. 20281
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� � ���»�_�-.� ` — — — EXN�B�T Fo�: ROBERT FLOYD
' WEST FERNOALE i ROAD
� I CERTIFlCA710N:
— — —%— — — — — — — — — — — — — — — I hereby certify that this map wus prepared by me or under my direct
: e eevr�r w ' ��_ , supervision and thot 1 am a duly Licensed Land Surveyor under the laws
acr+na�ar+.Es*�ao.ia awo_ za.00 ""Moz—
_�_�__ _ ____—_ of the State of Minnesota.
� _ _ _ � _ _ _ ' W �__� Dated this 24th day of September, 2002.
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! +rom�o+� �.,„ — — — — _�� b
.�3 m� _
�o •� Y Jack 8olke
;
� Minnesoto License No. 20281
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