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Home My WebLink AboutDeclaration of Restrictive Covenants-2012 �, � . Doc No T4979333 Certified, filed and/or recorded on 811/12 3:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith,Acting Registrar of Tittes - Mark V, Chapin, County Auditor and Treasurer Deputy 45 Pkg lD 834231C Doc Name: Declaration Document Recarding Fee $46.00 Document Total $46.00 Existing Certs New Certs 1351357 This cover sheet is now a permanent part of the recorded document. > ' DECLARATION OF RESTRICTIVE COVENANTS PART OF LOT 1, BLOCK 1, GRAHAM H{LL 2"1D ADDI710N THIS DECLARATION is made and entered into as of.� �►1�- �3 , 2012, by Kevin M. Reilly and Denise D. Reiliy, husband and wife{"Declarants"). Declarants are the owners of certain real property situated in Hennepin County, Minnesota, and legalfy described as Lots 1 and 2, Block 1, Graham Hill 2"d Addition (together the "Lots," and individually a "Lot," "Lot 1" or "Lot 2," as the case may be). As owners Lot 1, for the benefit of Lat 2, Declarants hereby expressly declare, covenant end agree to restrict develapment, as set forth below, on that part of Lot 1 described as follows,: The East 176 feet of the West 296 feet of Lot 1, Block 1, Graham Hill 2"d Addition (the "Restricted Zone"), as, shown on the survey map of the Lots attached hereto for reference as Exhibit A. The Restrictions on Lot 1,for the benefit of Lot 2F are as follows: RETURN TOi ' Bu et 12�� 1. RESTRICTiONS 1.1 Intent as to Restrictians. Lot 1 is hereby made subject to and upon the terms, covenants, conditions and restrictions set forth in paragraph 1.2 below (collectively the"Restrictions"), which Restrictions are made for the benefit of, and as an appurtenance to, Lot 2. The Restrictions shail run with the land and shall be binding upon the owners and occupants of Lot 1, from time to time, and their successors and assigns (collectively, the "Lot 1 Owners"). The intent and purpose of the Restrictions is to restrict and limit above grade development and improvement of the Restricted Zone, solely to the extent provided in paragraph 1.2 below, so as to provide a less obstructed view from Lot 2 to the south and southwest over Lot 1. 1.2 Restrictivns on Use. 1.2.1 The Lot 1 Owners shall build and construct the singls family house and garage to be built on Lot 1 only to the East of the Restricted Zone. 1.2.2 The Lot 1 Owners shall not plant trees, bushes or other foliage within the Restricted Zone that at maturity will extend more than twenty (20) feet above the various current ground elevations of the Restricted Zone, as shown on Exhibit A. No other limits or �estrictions shalf be appfied to the Restricted Zone by this Declaration. 1.3 Remedies. In the event of a breach or threatened breach of any of the Restrictians by the Lot 1 Owners, or any of them, the owners and accupants from time to time af Lot 2, and any of said �wners, individually or collectively (the "Lot 2 Owners"), shall have the right, in additian ta any other remedies available to them at law or in equity, to bring an action at law or in equity against any person or other entity who or which has violated or is attempting to violate any of the Restrictions of this Declaration; to bring an action for and obtain a temporary restraining order or preliminary injunction and obtain a permanent injunction and art action for specific performance of the obligation in this Declaration, to enjoin or prevent such person or entity from so doing, #o cause the violation to be remedied; and to recover damages for the violation. 2 1.4 No Irr�plied Waiver. Na failure by the l.ot 2 Owners or any of them to insist upan the strict performance of any Restriction contained in this Declaration, no failure by the l.at 2 Owners or any of them to exercise any right or remedy under this Declaration, and no acceptance of full or partia{ performance during the continuance of any default, shall constitute a waiver of any such Restriction or waiver of any such right or remedy or a waiver by the Lot 2 Owners or any of them of any such default. 1.4 No Third-Partv Beneficiaries. None of the Restrictions shall be deemec3 to be for the benefit of any person or entity other than the Lot 2 Owners, from time ta time, and no other person or entity shall be entitled to rely on or enforce the Restrictions in any manner. 2. GENERAL 2.1 Na Oral Amendment of Modifications. No amendments, waivers or modificat�ons of the terms and provisions contained in this Declaration, and no acceptances, consents or waivers by the Lot 2 �wners, shall be valid or binding unless in writing and executed by the parky to be bound thereby. Any Restriction in this Declaration may be terminated, extertded, modified or amended, as to thE whole of the Restricted Zone or any portion thereof, only by the written consent of the then Owners of fee title to Lot 2. Na such termination, extension, modification or amendment shall be effective unless and until a proper instrument in writing has been executed and recorded in the real estate records of the Registrar of Titles of Hennepin County, Minnesota. 2.2 Severabilitv. If any provision of this Declaration shall be held invalid, illegal or unenforceable, it shall not affect ar impair the validity, legality of enforceability of any other provision of this Declaration, and it is the intent vf the Declarants that there shall be substituted for the affected provision a valid and enfarceable provision as similar as possible to the affected provision. 3 2.3 Bindina Effect. This Declaration and the provisions of this Declaration shall run with the Lots and shall be binding upon and inure to the benefit of the Declarants and their respective successors and assigns. Every person who now or hereafter owns or acquires any right, title, estate or interes# in or ta Lot 1 is and shal) be conclusively deemed to have consented and to have agreed to every Restriction contained in this Declaration, regardless of whether any reference to the Restrictions is contained in the instrument by which such person acquires an interest in Lot 1. 2.4 Applicable Law. This Declaration shall be interpreted and enforced according to the laws of the State of Minnesota. 2.5 Costs of Leaal Proceedings. If any person institutes legal proceedings with respect to the Restrictions, the prevailing party in such proceedings shall be awarded by the court, in addition to any other relief ta which it is entitled, its costs and expenses incurred in connection with such legal proceedings including reasonable attorney fees. 2.6 Construction. Throughout this Declaration, all headings and captions used herein are for convenience only and are of n4 meaning in the interpretation ar effect of this Declaration; the singular shall include the plural, and the plural shall include the singular; afl genders shall be deemed to include other genders, wherever the context so requires; and the terms "including," "include" or derivatives thereof, unless otherwise specified, shall be interpreted �n as broad a sense as possible to mean "including, but not limited to," or"including, by way af example and not limitation." IN AGREEMENT, the Declarants have signed this Declaration as of the date first set fnrth above. DECLARANTS: r c evin M. Reilly 4 � • enise D. Reifly STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) , 3� The foregoing instrument was acknowledged before me on � uhe � , � , 2012, by Kevin M. Reilfy and Denise D. Reilly, husband and wife. '°�"�qMES B FERGUSON Notary Publ+c Minnesota �'�My Commisslon Expises Januauy 3l,2014 Notary Public D RAFTE D BY: John B. Winston Winston Law Office 815 Wayzata Blvd. East Ste. 104 Wayzata, MN 55391 5 ..' - . . Legal Description far Restricted Zone In Lot 1, Block 1, Graham Hili Preserve 2°d Addition Hennepin Caunty, Minnesota A Restricted Zone,over,under and across the East 176 feet of the West 296 feet of Lot 1,Block 1,Graham Hill Preserve 2nd Addirion. ��b� �ohr �� s►51,c3r.c,�-��`- �� W�t�` rvk'SS�t� RETURN TO: . Burnet Title_,�, ��-64�� .. .�,.. : `. . � s E�ac� � `'�q rc� L K FE1 ►�LC ET AL I L ✓ ESJCAU /� i � 3413 MGtlER�7NN/7MD 3405 NfAT£RTOIifV Aq40 \�� S$9•13'S8'E 38 ,pp � ._---------._--- __ ED HIGH LANE�- -�-•��'' HiGH� �rvE ��-��+oy�sement,. �- 4-:�. ?�::2-�3So5Z5 � /� ;\ ` � r � r ..:.�—-—-- I ? .. 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