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Home My WebLink AboutDeclaraion of Covenants, Conditions, Restrictions-2005 , 41114':8 � � �Z o � � � � C� � '� � � ' ♦• �' _i � m � � � � f;) v � C� O � l � , � mo-n � v� � � � � � � � � � � � r� r � � � a rv y N � � �'tl _ Q� �� ' ` � � � � -� �"'i w�! {� U A �� C r• �l� ,_ � � r , , Record and Return to: � � � � N , � ' , � , I .� ' Qr DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS THIS DECLARATION is made this�? day of�Di� � , 2005 by Chazles P. ' Floyd and Joan M. Floyd, husband and wife (the "Floyds"}, who are the owners in fee of the land tocated in Hennepin County, Minnesota, legalty described as follows: See legal description on Exhibit A attached (hereinafter the "Floyd Property"} and as depicted on Exhibit B attached; and WHEREAS;Conley Brooks, Jr. and Caro1 G. Brooks,husband and wife (the"Brookses"), are the fee owners of the land abutting to the Floyd Property on the westeriy boundary, also in Hennepin County, Minnesota, legally described as follows: � See legal description on Exhibit C attached (hereinafter the "Brooks Property") and as depicted on Exhibit B attached; and � WHEREAS,the Floyds are the fee owners of another parcel of land bordered on the north, east and west by the Brooks Property, which parcel of land is located in Hennepin County, Minnesota, legally described as follows: See fegal description on Exhibit D attached (hereinafter the"Boathouse Pazcel"}, artd as depicted on Exhibit B attached; and � WHEREAS,Exhibit B is a survey of portions of the Floyd Property,the Brooks Property,the Boathouse Parcel,and surrounding Iand depicting the relationship of the parcels;Exhibit B-1 depicts the details of the Boathouse Parcel and the shed, fences and dock thereon and further depicts the details of the Brooks Property, with the dock and canopy thereon; and i � WHEREAS,the Floyds intend to encumber the Floyd Property by creating ceriain covenants, conditions and restrictions on the Floyd Property for the benefit of the Brooks Property, as ; hereinafter set forth. , I NOW,THEREFORE,in the interest of protecting property values,the Floyds hereby declare that the Floyd Property shall be occupied, held, sold and conveyed snbject to and together with the � covenants, conditions and restrictions hereinafter created, which covenants, conditions and � restrictions shall run with the Floyd Property as appurtenant thereto, for the bene6t of the Brooks � i Property as appurtenant thereto, and shall be binding upon and inure to the benefit of all parties � i i having arzy right,title or interest in the Floyd Property and the Brooks Property,or any part thereof, their respeciive legal representatives,heirs, successors and assigns. ARTICLE I Definitiores 1.1 Owner. One or more persons or entities holding a fee simple interest in any parcel of land subject to this Declazation,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 Floyds hereby create the covenants,conditions ! and restrictions on, over, under, above and across the Floyd Property as follows: � a. The Owner of the Floyd Property wiil not assert any setbacks or similar rights or regulations against the Brookses dock, boat, boatlift, or canopy (or substantially similar replacements) which are located on that poriion of the Brooks Property abutting on the west of the 2 I I ^ Boathouse Parcel as of September 2002,and as depicted on Exhibit B-1. As of September 2002,the Owner of the Brooks Property used and maintained a 23-foot boat, together with the dock, boatlift . and canopy depicted on Exhibit B-1. ARTICLE IlI � Miscellaneous '�, 3.1 Amendment. This Declaration may not be changed or modified in an wa exce t b II Y Y P Y an amendment hereto signed by the Owners of the Brooks Praperty and the Owners of the FJoyd . � Property, and the same duly recorded in the Office of the Registrar of Titles, Hennepin County, � Miruiesota. i 3.2 Effect. The covenants,conditions and restrictions herein contained shall be binding upon the Owners of the Floyd Property, their families, guesis, business invitees, contractors, and �, others claiming through or under the 4wners of the Floyd Property. The covenants,conditions and restriction 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 I specific perforrrtance daes not adequately remedy the breach. � �I IN WiTNESS WHEREOF, the Floyds executed this Declaration as of the da and ar I y ye first above written. ��y,r�f.liY ` ` � --- , _ , Chazles P. Floyd oan M. Floyd � � �.—� PATRICIA A.WF�TERDAliL I ; �� 1;OT�iRY PU9LIC-ElJNNESOTA My Cornrtt Exp,Jan.31,2010 �/ � " 1��,-� � :�,�v�S 3 1 � '� _ __ _ - - _ i STATE OF MINNES�TA ) ) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me thiso2 day of � �� ,2005, � by Charles P. Floyd and Joan M. Floyd, husband and wife. ��C�-C-� ? � Notary Public � THIS INSTRUMENT DR.AFTED BY: HELLMUTH&JOHNSON,PLLC 10400 Viking Drive, Suite 500 Eden Prairie,MN 55344 .'"1 PA�t��A.WESTERDAHL {�� NOTARY PUBUC—A�I�VESOTA Telephone: (952) 941-4005 Mycomm.F,cp.,�a,L3i,2o�o Facsimile: (952) 941-2337 s�Fioyd�Real Estatelssues�ExhibitL(Finai) . � ' I � I ' � 1 4 EXH�1T A ' Parcel 1 (Floyd—960 Ferndale Road —Certificate of TitEe No. 595819) I That part of the following described property: I That part of Lot 24 Country Club Estates, Hennepin County, Minn., described as follows: ! i Commencing at the most Southerly corner of said Lot 24; thence Northwesterly along the � Southwesteriy line of said Lot a distance of 26.6 feet; thence Nartheasterly 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 along the line between said � Lots 23 and 24 to the point of beginning; Also all of Lot 23, in said Country Ciub 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 Northeasterly 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. Parcel 2 (Floyd — Shoreline per Dac. No. 3622923 from Hennepin Co. Case No. 29864) That part of G�vernment Lot l, Section 2, Township 1 l7,Range 23, described as foilows: � Commencing at the most southerly corner of Lot 23, "Country Club Estates Hennepin County Minn."; thence South, along 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 cantinuing South, along said southerly extension, to the southerly line of County Road (Orono Road); thence Westerly, � � along said soutfierly line, a distance of 30 feet, more or Iess, to the shore line of Lake � � Minnetonka; thence Northerty and Northwesterly, along said shore tine to the intersection i with Line A; thence Northeasterly, along said Line A, to said center line of County Road I � (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.b feet to the point of beginning of the line to be described; thence Southwesterly, deflecting to the left at an angle of 90 degrees and 42 minutes, to the shore line of Lake Minnetonka and there terminating. Subject to the public road over the northerly 33 feet of the above described land. i � EX��BIT C{continued) Parcel 3 That part of Lot 4,North Shore Cottage Acres Lakes Minnetonka, lying southerly of a line described as foilows: i Commencing at the northeast corner of said lot; thence South, along the east Iine of said ' �`� kot, 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 terminating. That part of Lot 5,North Shore Cottage Acres Lake Minnetonka, lying southeasterly of a line drawn from a point on the southwesterly line of said lot distant 90 feet northwesterly from the southeast corner of said tot to an angle point in the east line of said lot distant 99.1 feet northerly from the southeast corner of said lot. That part of Lot I 2, North Shore Cottage Acres Lake Minnetonka, and West Ferndafe Road I (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: Commencing at the intersection of the centerfine 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 ' 11 minutes 54 seconds East); thence North 89 degrees 47 minutes i3 seconds West, along said ! centerline, a distance of 23.00 feet to the actual point of beginning of the land to be described; �� thence South 0 degrees 11 minutes 54 seconds West, paralle! with said east line, a distance of 52 feet, more or less, to the shoreline of Lake Minnetonka; thence southwesterly and westerly, along ' said shoreline, to the intersection with the southerly extension of the west line of said Lot 12; ' thence northerly along said west line and its southerly and northerly extensions, a distance of 100 I feet, more or less, to the centerline of said West Ferndale Road; thence South 89 degrees 47 ' minutes 13 seconds East, 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). � : � , Page 2 of 2 i . � ! , i . EXHIBIT D That part of Lot 12, North Shore Cottage Acres Lake Minnetonka, and West Ferndale Road I (dedicated in said plat as County Road), and accretions to said lot in Govemment Lot 2, Section I, 2, Township 117, Range 23, described as follows: Beginning at the intersection of the centerline of said West Ferndale Road with the east ; iine of said Government Lot 2 (which east line has an assumed bearing of North 0 degrees 11 i minutes 54 seconds East); thence North 89 degrees 47 minutes 13 seconds West, along said � centerline, a distance of 23.00 feet; thence South 0 degrees 11 minvtes 54 seconds West, parallel ', with said east line, a distance of 52 feet, more or less, to the shoreline of Lake MinnetQnka; thence northeasterly, along said shoreline, to the intersection with the southerly extension of the i, ( east line of said Government Lot 2; thence North 0 degrees 1 l minutes 54 seconds East, along i �\� said east iine 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 known as West Ferndale Road). � i i I ! , 1 i � II � � � � � � � E?��BIT C � � Parce! 1 (Brooks— 980 Ferndale Road—Certificate of Titte No. 85G344} � I All of the following described tract: Lot 24, "Country Ciub Estates Hennepin County, Minn.", except that part of said Lot 24 described as follows: Commencing at the most Southerly comer of said Lot 24; thence Northwesterty along the Southwesterly Iine of said Lot a distance of 26.6 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 in said Country Club Estates, Her►nepin County, Minn.; thence Southwesterly along the line between said Lots 23 and 24 to the point of beginning which lies Southerty of a line drawn from a point on the West line of said Lot distant 205 feet South of the Northwest , corner of said lot, through a point an the Southeasterly line of said Lot distant 300 feet � Southwesterly of the Northeasterly corner of said lot. Pazcel 2 (Brooks— Shoreiine per poc. No. 3622923 from Hennepin Co. Case No. 29864} � That part of Government Lot 1, Section 2, Township l 17, Range 23, described as follows: Commencing at the most Southerly corner of said Lot 24; "Country Club Estates, Hennepin County, Minn."; thence Norihwesterty along the Southwesterly line of said Lot 24, a distance of 26.6 feet; thence Southwesterly, deflecting to the left at an angle of 90 degrees and 42 minutes, to the center line of Courrty Road (Orono Road) as shown on said plat and the actual point of beginning of the land to be described; thence continuing Southwesteriy, on the same course, to #he shore line of Lake Minnetonka; thence Northwesterly, along said shore line, to the intersection with the southerly extension of the west line of said Lot 24, thence Norther3y, along said southerly extension, to said center Iine of County Road (Orono Road); thence Southeasterly, along said center line, to � the point of beginning. Subject to the pubtic road over the northerly 33 feet of the above described land. (continued) I I Page I of 2 —�� c }�- Fl ru�nn�w�or aacnd�a�tcoa■_ . 'o ;! �,. a �f y4 � � , MiEST FERN�ALE ROAD ��— r. -_�_�. _� `��-••'•::�.. a/ / � ......"'... .w�r.ra..� '� �` •� : ...........: _ r� y ': . ......_..... � . `�a.`,�. �i�\ �aa:2 � �- ::j):;:::i::;i:�:: - --1 -'=..�WEST 8�DETIUL'A' � �t fE� ,,� i ` :�i:i:.>:;:;:.;_:.: - - - - r ' � .'m".u"i o.o�' .'.�.":�?1hQ;:('i:.` 9�j � - i _ . ., r � --f-- � d�31'23� � �� a : � ''�;;�t, :::;�:::��::�;'�:�:� � � •�C�62 el � � �''�, .- i, • w.'.�. �?:`t::�?:=::�:��::�}. �� . . $ ; /P _rosrstrca�inr:� • f _:'�..�o'=•' •� � � �?e� � \ � `��, � ;:;;:,�,.....::' �� i` ?p ` �z4 ! � ��••>:•::�::::;:�: � �paw�nls4 �'-Q�-`_ ._, I�� .\ •' � — -- ��i'%::::'t�f?:�. �fj� -b�.,��ooe.� 1'_�.'_"�i.y�4_ `' `A��',Q � ;:::^� '.� '@ 6� J'. � . � .' _- � .N�q � ,,� �� .�.��.,.o- ��.':� . -- -m- �� __-- _ ��F.� �:='_- ,� �� LAKE(�MINNETONKA \�.�-- � �.�,�''��Q.�>e:� ��r �°'° ; , ,eW �, �sr aecow�w�uavAna e rn.�e� �� __ -_ � �°`:~ ��- I � `',, i OECf71BBt.1937 PkR A£1@Off90TA OEPM710li � • �� f� � Of IIAR.R/L RESOIltL:6 � �(� ' _- . 0�� ' . ^ \ ,6,, ( c \\:` _'_.�_ � �bm„J� � § � . a a`�re ` =�_=z- � \ E ' $" � �. ' wii�ir Foft: ROBERT FLOYD ��a� \ \� _�e7 sef 1 �-'�,`�,�� i �� g� ��,Qf _ \'"- \ �s°' �� 'k�� D@� `'-.---=�i � � aaa��'��'�'+++•,,,y €�< ,: £R71FlCA710N: ''�� °�' `�v a� `=ti=8`=- �. ��Q`►�' � �� a$sg�s K � Q� ,ry o -__�_3—_ '0 � � �h $d��< hereby certify that this map was prepared by me or�nder my direct '��4�� -_ _=__ ��\��\ �d� `., � �� E�F � upervision and that 1 om a duly licensed Land Surve r under the lows +� � _��= o� o �f the State of Min�esota. o�''�\ -i-�'._=`4�s-�'a� ,�''� \ ,•. �1 �� ,I � �ated this 24th do y of S e p t e m ber, 2 0 0 2. ��.�'+�� -=-�--�- -�_�¢ �\ 0,��4 \., � � �,'p � _==�s._��+n \ 'y,ay� i - _� � \`� � ' bY Jadc o�ke . \�� `��@� ..�D.4�� p�� Min esoto Ucense No_ 20281 \ =_�,i,� � \ w c,u � � �-'E-,, :-._ �. '_— �Q - � _ �� €a � � — a. r��'�- ' a" ��s� � �.,,.E��„� N N.;a. _--= ; � � i . u snr ow�t nu cv � �, ��.ttuie cwr,-�� a W \ �' - � �� . �� 3 E � o� ��i _ -- � �� \a ��, ' �3�a �__ �.,,E��.,,��'°r�_ _ -�.� €fS�----- �s�oer��e' i I > .�� ,. p, �� 4._ � �� 9 S ' � � ,� I,t. ' o �o � �: FLOYDS' STRIPLAND ." �y � - EXHIBIT I d � _ �`� W � � BROOKS' S7RIPLAND � � � ' . o moxs gr ww uu�,.�xr r,uoau �i rm ws ur wa x� i •Oflq$S iW10 YWUy�XGpql - � DISPUTEO PARCEL �� . - - -�- - - - - -- - - _. _ � FAS'f UE OF'OOYf. _ 1 � . ' `°T Z�°�'_ '�� ' — � EX"'B�T Fo�: ROBERT FLOYD � � WEST FERNDALE i ROAD ; � - - -;- - - - - - - - - - - - — _ _ cERnFlCAnoN: m.r�w,Eav.esr,�,,,E„�a, r+s9•arir w – _ � hereby certify that this map was p�epared by me or under my direct 2J�� tre supervision ond thot I om o duly Licensed Land Surveyor under the laws _+— ----� "`""'_- of the State of Minnesota � - - - ' - - � W 1�'`, Doted this 18th day of July, 2002. . - - - j . IR100 ip�[i N 1f1 ` � � ��y d �r � �'� � _ bY ' 3 � ; y' � � ' Jack Bolke , : x� 7 � Minnesoto License No. 20281 � � �� T r � I �� O �. O _ � _' � �ti fn 1 f, '�� '61��'9 s�oc:��eE ws�au��oEcpe�n ent-'� �' �6 - .ss7 u�2 flEVAua�92n55� . 6t ° � � � � a� : N �; ,� , �`i-----u�---- ,� W E � 6�, �� LAKE. MINNETONKA S �' �r (BR011N5 BAY) . � q 0 2� � � y , SCALE IN FEET � � DOqC XH�A�T D 1 °�w��."��,� -. •OQ1077ES$iplWp YpM1NEMTAIIQI I � EXHIBR � _ �a 1 .�. �) s2o—s, i � � . � , . ._ _ - - - -r-- - - - - - - - - � � � �°g�2�� - - - _ EXHIBIT FOR: ROBERT FLOYD � WEST FERNDALE i ROAD � � CERI1FlCAllON: ; � - - - - i hereby certify that this mop was p�epared by me or under my direct �°'"`�"'�*FEW1D"1NOAD� N823wr "' ' - �d_ supervision and that I am a duly Licensed Land Surveyor under the laws . - -�-T- -—1_`__ '""as' of the State of A�linnesoto. ; _ _ _ � W �'��` Dated this 24th doy of September; 2002. � - - - - — _ _ � � roao rox� n o � ' ' — �mvra,`°� by � 3 1 Z ' � _ Jack Bolke � Minnesota License No. 20281 �� ' , . � — — ---- —�— -- —�� • o � � � � � � `n . 'l 27 q9 ` . � " 1-6'�"� s+am�ws inuren aH oecs�am.-. . , � JL� �`a 6� Hv7 tA1�E1EVAAd-0253�� i \ 6t ---- �s� . � - . ; I ' � �. �; N � t ROM � � DOCKv �; .. W E � �' - /93--- S �1 � � — �� t i,�a. - LAKE MINNETONKA S § r (BROMNS BAY) . � 2� 40 eaaacs ooac--'" y n0 �-- $CA�E IN FEET � ' ' � I � O OFN01E5 5ET RON YOMIIFNT 4AfacFD DOCK EXHIBIT D—Z MRI RI.S GP 1q.201BI . . . OOIOIES FriU10 YOM1YFl/TATON • EXHIBfT � 3-1 <�� s2o—s, . _ 1