HomeMy WebLinkAboutdeclaration of covenants/conditions/restrictions 09/03/2010 18:01 IFAX EDENPRAIRIEREALTYFA%�CBBURNET.COM � Allison Van Sloo f�001/041
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION
{7acobs Mil1}
. THIS DECLARATION, made this�day of September, 1999, by James P.
Deanovic and Deborah W.Deanovic, husband and wife(hereinaRer referred to as the
"Declarants)for the purpose of subjecting the fee title to the respective properties af each
of said entities, as described below, to all of the terms, covenants and conditions hereof.
WITNESSETH:
WI�REAS,Declarants are the owners of the real property described in Article II
of this Deciaration, and desire to create thereon a residential community, with the
amenities, and with the covenants and other features described hereinafler; and
WI�REAS, DeclaraM desires to provide for the preservation of the values and
amenities in such community, and to this end, desire to subject the real property
described in Article II hereof to the easements, restrictions, covenants, conditions and
charges and liens set forth in this Declaration, each and aIl of which is and are for the
beneft ofthe property described in said Article II, and each respeetive owner thereof;
and
WHEREAS, Declarants have deemed it desirable for the efficient preservation of
the value and amenities in the community to create an agency to which should be
delegated and assigned the power of maintaining certain common elements,
adminisiering and enforcing the covenants and restrictions contained in the Declaration
and cotlecting and disbursing the assessments and changes created by the Declaration;
and
Wf�IEREAS,Declarants have incorporated, under the laws.of the State af
Minnesota, as a non-profit corporation,Jacobs Mill�-Iomeowners Associaiion, Ine., for
the purpose of exercising these fi�nctions;
NOW, 'THEREFORE, Declarants declare that the reai property described in
Article II hec•eof is, and s}iall be,�held, transferred, sotd, conve.yed and occvpied subject to
the following cavenants, conditions, resvictions, easements, charges and tiens �
(sametimes referred to as"covenants and restrictions"), which covenants and restrictions
shatl run wiih title to the real property hereiri described and shail be binding on all parties
having any right, title or interest in the herein described properties, or any part thereof, as
well as their heirs, successors and assigns, and which covenants and restrictions shall
inure to the beneft of each owner of any Lot in the properties:
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ARTICLE I
DEFIIJITI4NS
Section 1. Definitions. The following words,when used in the Declaration '
(uciless the context shall prohibit}shall have the following meanings:
(a) Association: Jacobs Miil Homeowners Association,Inc., a Minnesota
non-profit corporation, its successors and assigns.
(b) Common Elements: A pond Iocated over Lot 4,Black l,Jacabs NI'ill as
contsiaed in the plat of said Subdivision C�mmon Elements shall include
such additional, supplementary or substit�rted patcels,propertics or
improvements thereon, ar easements or other imerests in iand,as may be
described in any amendment to this Decfaration or as may be designated
by Declaranta in any Supplementary Declaration made by Declarants in
accordance with Article II hereof.
{c) Declarants: James P. Deanovic and Deborah W. Desnovic, and their
successors and assigns.
(d) Lot: Lots 1 tivongh 4, inclusive,Block l,and Lots 1 through 3,Block 2,
inclusive all in Jacobs Mill, according ta the recorded plat thereof,
Hennepin County,Minnesota or aay replat of ai1 or any part of the
foregoing.
(e) 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 obligatioa
(� Member: Each Owner entitled to membership in the Association pvrsuant
to the provisions of Articie III
(g) First Mortgagee: Any entity or person named as mortgagee in any
mortgage deed granting a first lien("First Mortgage")on any I.�t or Lots
and any mortgagee of the Declarant itself{inciuding, but not timited to,
the mortgagees whose cansent and joinder is.attached to this Declaration).
ART�CLE II �
PROPERTY SUBJECT TO TI�S DECLARATION
Section 1. Existing Property: The real property subject to this Declaration is
located ia the City of Orono, Hennepin County, Minnesota and is described on Exhibit A
attached hereto, all of which praperty shall herein be referred to a.s the"Property".
Section 2. Additional Property. Additional property, including any additional
or substituted Common Elements, may be subject to this Declaration by the filing for
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� record in the Ot�ice of the County Recorder an�/or Registrar of Titles,whichever is
appropriated in connection with the real property described, or one or more
Supplementary Decla�ations of Covenants, Coadit�ons and Restrictions{Supplementary
Deciarant)>wh�ch shall extend the scheme of the covenar�ts aod restrictions of tivs
Declaration to such additionai property. The Supplementary Decfaration may inciude
necessary additions or modifications to this Declaration with respe�t to such additianal
propeaty, but may not revoke, modify or add to the covenants and restrictions established
by this Declaration with respect to the Property described in Section 1, abo`,v�e.of Utwo-
Additional PropertY maY b��nexed, as provided above, upon prior appro
thirds(2/3)of the members of the Association,provided, how�ver, that until September
1, 20p3, and without the consant of any other member of the Association, the De�larants
shali have the right to annex such additional property to the scheme of this Dectaration,
by a Supplementary Declaration, as aforesaid.
ARTICLE iII
MEMBERSHIP AND VOTIl�IG RIGHTS 1N'THE ASSOCIATION
Section 1. Membership. Each Dwner of a Lot is a Member of the
Association. Membership shall be appurtenant to and may not be separated from
ownership.
gectiore 2. Voting Rights: The Association sha11 have two(2)classes of
voting membership:
Class A. Class A Members shali be all flwne�'s of one or more lots,except
Declarants. When more than one person or entity shares
ownership of a Lot,the vote shall be exercised as they determine
among themselves,but each Lot shali be allocated one{1)vote.
Class B. The Class B Member shall be the Declarants. The Class B
Members shall be entitled to three(3)votes for each lot owner by
them.
The Class B membership shall cease and be converted to Class A
membership on the earlier of(i) September 1, 2005;or(ii)when
the total vote outstanding in the Class A membership equa[s the
total vates outstanding in the Class B membership.
ARTICLE IV
DUTIES OF ASSOCIATION
gection 1. Common Elements Maintenance. The Association shall provide all
necessary maintenance of al! stormwater facilities serving the subdivisio», including the
pond located within the drainage easement over Lot 4, Block 1 as contained in the
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recorded p1at, said stormwater facilities constituting the Initial Common Elemcnts,
including maintenance,repair,and appropriate public liability or other insutance with
respect thereta. The cost thereof shall be assessed by the Association ia accordance with
Article V hereof. Said pond shali be maintained in accordance with the City ordinances.
In the event the Association or the Owners fail to maintain said facilities in compliance
with the applicable provisions of the Code,ihe City of Orono may undertake such
maimenance and may assess the cost of such maintenance each Lot in equal,
proportionate shares. No such maintenance conducted hy the City will cause the facilities
to become a public stormwater facilhy. Such assessment shall be and become a Iien upon
the Lot until paymetrt in full has been made..
Section 2. Enforcement of Covenants and Restrictions; Assessments. The
Association shall be responsible for the enforcement of all of the covenants and
restrictions contained in this Declaration including, without Iimitation, those imposed by
,e,�;����, VII and VIII,and the adoption, collection and enforc�ment of nssessments,
pursuant to Article V.
Seciion 3. Cable Television. The Association may(but shall not be required .
Lo)errter into appropriate agreements with cable television or other c.able or similar
services serving the Properry, on behalf of the members of the Association,upon such
teims and subject to such conditions as the Board of Directors may, from time to time,
agree.
Section 4. Trash Removal. The Association may(but shall nai be required
to}enter into appropriate agreements with trash removal services or similar services
serving tl�e property, on behalf of the members of the Association,upon such te�ms and
subject to such conditions as the Board of Directors may,from time to time,agree.
Section 5. Other Joint Purchasing Activities, The Association roay{but shali
not be required to)enter into other contracts or similar joint purchasing activities, on
behalf of the members of the Association, upon such terms and subject to such conditions
as the Board of Directors may, from time to time, agree.
ARTICLE V
ASSESSMENTS
Section 1. Creation of Assessmerrts. The Declarants,for each Lat ovvner by
them,hereby covenants, and each owner of any Lot, by acceptance of a deed for a Lot,
whether or not it shalZ be so expressed�in the deed or any conveyancs, is deemed to agree
to pay to the Association: (a) annual assessinents; and(b)any Individusl Lot
Maintenance Assessments levied against the Owner's Lot pursuant to the provisions of
this Declaration.
Section 2. Purpose of Annual Assessments. The annual assessments shali be
levied for the purpose of paying the costs associated with the upkeep and maintenance of
the Common Elements, pursuant to Article V, Section 1, and maintenance performed by,
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or other services provided through,the Association under Article N,together with the
incidental costs of operating the Association.
Section 3. �Levy of AnnuaE Assessments. The annual assessment must be
fixed at a uniform rate for each lot. The annual assessment shall be due and payable each
May 1,be��g�'nning May I, 2000. The annual assessmerrt due May l,2400 shall not
�� � [�5O .�j . For the followiag years,the annual assessment shall be
levied by the Association,based upon a proposed budget. The annuai assessment may be
increased, without a vote of the Membership, by the greater of(a)Two Hundred Fifty
Dollars($250.00) per Lot; or(b)the percentage increase, if any,over the tweEve-month
period preceding the year for which such annual assessment is levied,in the Consumer
price Index, all items, published by the Unite� States Departmetrt of Commerce,Bureau
of Labor Statistics, for the region including Orono,lVlinnesota. In order to increase the
annual assessment more than the maximum amount estabiished in this Section, a vote of
fifty percent(50'/0)of the votes of each class of inembership cast by the members
present, in person or by proxy at a meeting of the.Association call�d for that purpose
shail be necessary. The Board of Direciors of the Association shail fix the amount of the
annual assessment in an amount not in excess of the maximum. The annual assessmeM
for each year shail be fixed, and written notice provided to each Owner st least thirty(30)
days prior to May 1 of the year in which the assessment is due. Failure to provide such
notice, however, shall not render the assessment invalid. Annual Assessmevts shall be
payable in a single lump-sum payment, unless the Board of Directors of the Association
ele�ts otherwise.
Section 4. Individual Lot Maintenance Assessments. �r►ihe evcnt that any
Owner violates any covenant or fails to perform any condition cantaia�in tlus
Declaration, the Association may,but shall not be obiigated in any way to, perform the
act, remove the defect or correct the violation upon thirty(30)days written notice to the
Qwner, and,as approprsate, pursuant to the procedures contained in Article VI. If the
Association so acts on behalf of any Owner, the Association may levy an assessment
(hereinafter,"Individual Lot Maintenance Assessment")against the Lot€or the cost of
the performance ar correction. The Board of Directors of the Association shail deternune
when any individual Lot Mainienance Assessment st�all be payable.
Se�tion 5. Effect of Nonpayment of Assessment;Remedies of Association.
T'he annual assessments and Individual Lot Ma'sntenance Assessment shall be fixed as
provided in tbe Declaration. If any assessment es not paid when due, it shall become
delinqvent and shall, together with interest at ihe rate of eight percem(8%)per annum,
any cost of colleciion and any attorney's fees, become a continuing lien on the Lot and
shaEl 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 rnay be foreclosed in Minnesota. Each�wner, by acceptance of a deed for
any Lot, shall be deemed to give fisll and camp�ete power of sale to the Association and
to consent to a foreclosure of the lien by advertisement. The Association may elect to
being an action at law against the 4wner personally obiigated to pay the assessment. The
lien createci by this Declaration shatl be subordinate to the lien of any First Mortgage.
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ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. Arc}utectural Control Committee. There shall be established an
Architectnral Control Committee(ACC) consisting of three persons. The members of the
ACC sha[I be appointed by Declarants so long as the Class B membership exists. After
the termination of Declarant's right to appoint the ACC members shall be appointed and
serve at the pleasure of the Board of Directors of the Association.
Section 2. Original Construction. The plans and specifications for the
construction of a single famiIy residence on any Lot shatl be submitted to the ACC for its
written approval before any construction activity is begun.
Section 3. Review of Modifications. A.fter the completion of an original
single family residence oa a Lot,the construction or modification of any lwilding or .
structure, including front yard fences or retaining walls, shall require prior written
approval by the ACC of the plans and specifications for the conshuction, in accordance
with the standards set forth in Section 4 hereof.
Section 4. Standard ofReview. The ACC shall promulgate standards and
procedures governing its areas of responsibility and practice. Copies of the ACC
standards and�r_o��c�e_dures shall be available to all members of t'�ie Association as well as
piosge�tive purcTiasers '� re uest, and the ACC may certify any such copies as
constituting the most co p ete and a_„p-tadate versions thereof. Standards and
procedures adopted by the ACC initialty�may be�altered by the ACC onty on thirty(30}
days prior written notice to all members of the Association, who shall have an
oppomxnity to comment on any such proposed chenges. Any praposed construction shall
be reviewed by the ACC in accordance with such standards. In addition,the ACC shall
review plans and specifications as to quality of workmanship, design and harmony of
external design with existing strc�ctures,typography, and finished grade eIevation. No
permission or appmval of the ACC shall be required to repaint or refinish in accordance
with an originally approved�color scheme, or.to rebuild or reconstruct sc�bstantially in
accordance with originally approve� plans.and specifications. Nothing in this Article VI
contained sha�l be constructed to limit or in any way regu�late the right of an Owner to
remodel the interior of his or her residence, or to decorate the interior of his or her
residence in any manner, it being the inieat of this Article VI ta address the exterior
appearance and design on1y.
Section 5. Procedure. If the ACC fails to approve plans and specifications
within thirty(30)days after the submission of the same to it, appmval will be deemed to
have been granied. In the event of disapprovat by the ACC, the requesting Owner may
give written notice that the Owner wishes to appea! the ACC decision aa�request a
hearing by the Association's Board of Directors. Such notice must be furnished to the
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ACC within ten(10)�ays of its decision.The hearing sha}1 be at a special mceting of the
Board of Directors to be held within thirty(3 0)days of the receipt of the Owner's notice
of appeal. �
Section 6 Removal and Abatement. The ACC or the Association sha11 have
the right to order an Owner to remove or alter any structure on any Lot�rected in
violation of the terms of this Declaration, and to employ appropriate judicia[proceeding
to compel the alteration n or demolition of any nonconforming consWctian or ottter
violation. Any cost incurred by the ACC shall be levied as an Individuat Lot
Maintenance Assessment as provided in Article V.
Section 7. Variances. Reasonable variances to the covenants, conditions and
restrictions may be ganted by the ACC afles review, in order to overcome practical
di�'�culties or to ptevent unnecessary hardship. A variance may only be granied if it is
not detrimental to other property and st�all not defeat the purpose of this Declaration.
A.RTICLE VII
LAND USE
Section 1. Permitted Uses. No Lot shall be used except for single family
residentia�-purposes:
Section 2. Landscaped Areas. Each Owner shall maintain the Iandscaped
areas on his or her Lo� If the Owner fails to do so, the Association may enter upon his or
her Lot to perform the maintenance and may levy an Individnal Lot Maintenanc�
Assessment in tlte amount of the cost of daing so against the Lot.
ARTICLE VIII
PROHIBITED USES
Section 1. Nuisances. No noxious or of�'ensive activities shall be camed on
upon any Lot.
Section 2. Pets and Livestock. No animals, tivestock or paultry shal!be raised
or�any Lot, except household domesticated animals, sa tong as they sre not kept or bred
for commercial purposes.
Section 3. Garbage and Rubbish. No Lot may be used as a dumping ground
for rubbish or trash.
Se�tion 4. Prohibited Structures. No storage structures,temporary structures
or outbuitdings may be placed or used on a Lot at anytime, either permanently or
temporarily. No extecior satellite"dish" antennas having a radius greater than 24 inches,
or other exterior radio or television transmitting or receiving antennas{other than
ordinary roof-mounted televisian antennas) shatl be permitted.
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Section 5. Signs. No signs may be displayed to public view on any Lot,
except signs not more than five(5)feet square advertising the property for saie or rent, or
any signs piacecf by the Declarants to advertise the property during the sale of Lots.
Sedion 6. Storage of Motor Vehicies, Trailers,Boats,or Re�r.eational
Vehicles. There may be no permanent outdoor storage or parking of any motor vehicle,
recreational velucle or trailet on any Lot. Further,there may be no outdoor storage or
parking of any boat during the months of November through April.
Section 7. Chemicals or Fertilizers. The use of Phosphorus fertiliaers shall
not be pennitted on any Lot.
Section 8. Protection of Drainfield Sites: Attached hereto and marked as �; �::.
Exhibit B is a copy of the approved septic sites for each Lot. No structure or
improvement shall !�e permitted on each Lot which will interfere with the uss of the
idem'sfied possible septic sites one(1)and two(2)as contained on Fxhibit B.
ARTICLE IX
GENERAL PROVISIONS
Section l. Association Easement. The Association shall �ave an easemern to
enter upon any Lot in vrder to perform any obligation of the Association hereunder, or to
exercise any right or remedy of the Association hereunder.
Section 2. Duration of Declaration of Covenants,Restrictioos, and
Easements. T'he covenants,restrictions, and easements of this Declaratioa shall n►n with
and bind ihe land and shatl 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 covenants, restrictions and easements
set forth herein shall be perpetual.
Sectian 3. 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 Associstion which are made pursuant thereto,such
failure will give rise to a cause of action on the part of the Associatio�,or any aggrieved
Owner for the recovery of damages or.for injunctive relief, or both. Owners shall have a
similar right of action against the Association. Enforcement of these covenants may be
by any proceeding at law or in equity.
Section 4. Severability. 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 5. Amendment. Amendment to this Declaration(other than
annexation of Additionai Property, as hereinabove provided shall require the written
consent of three-c�uarters{3!4)of the Class A Members, and the consent of the Class B
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Member, if the Class B Membership is then in existence. Any amendment to these
Declarations which grant rights to the City of Orono,may be amended only with the
consent of the City of Orono.
Section 6. Minnesota Common Interest Ownership Ad Not Applicable.
Pursuant to the exemption provisions ofMinnesota Statutes, Section S15B.1-102(ex2),
this Dectaration, and the scl�eme of covenants,conditions, restsictions,easement, charges
and liens created hereby,are not subject to the provisions of Minnesota Statertes, Sections
S15B.I-101 through S15B.4•118,the"Minnesota Common Interest Uwnership Act."
ARTICLE X
RIGHTS OF FIRST M4RTGAGEES
Section 1. Notice of Default. Upon request,a First Mortgagee shall be
notified of any default by an Owner of any obligaiion under this Declaration.
Section 2. Nonliability for Assessments. A First Mortgagee who obtains title
to any Lot pursuant to the remedies contained in a mortgage or by fosectosure shall not be
liable for any assessment accsued prior to the First Mortgagee's acquisition of title.
Section 3 Examination of Books and Records. A First Mortgagee may, upan
request,examine the books and records ofthe Association.
Section 4. Payment of Assessment. A First Mortgagee may pay any
assessments or other charges in default.
IN WITNESS WI�REOF,the undersign ,being the Declarants here has
ut this eclaration of Covenants, Condition and Restrictions,this��day of
1999.
ames . Deanovic
Deborah W. Deanovic .
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State of Minnesota )
: )SS
County of Hennepin )
f in instrument was acknowledged before me this����day of
e ore g
1999 by James P. Deanovic and Deborah W.Deanovic,
d and wife.
o Public
r"y,--�
This instrument was drafted by
� JAYtdE LEE KUHAR
'���E.,• NOTARY PUBUC-MlNNESOTA
KUNERT,TAN�ORNINO& KUHAR '��^;,. Mycommiss�onExpt�s,bn.3�.2aos
43I South 7'"Street . �,�. ,�� ....<.�--:.w �
Suite 2505. � �
Minneapolis,MN 55415
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� � EXI-I1BIT A
DECLAR.ATION OF CO VENANTS, CONDITIONS AND RESTRICTIONS
Jacobs Mil1
LEGAL DfiSCRIPTION OF PROPETY SUBJECT TO DECLARATION
Lots One{�}through Four(4),inclusive,Block One(1);Lots One(1)thr+ough Three(3),
inclusive Bloc�C Two{2); all in JACOBS MII.L, accortiing to the recorded plat thereof on
file or of record in the office of the County Recorder,Hennepin County,Minnesota
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' CONSENT TO DECLARATION OF COVENANTS,CONDITIONS
prTD RESTRICTIONS - �
Private Bas►k Minnesota$s the current holder o t�e�umber 7�656 �n J�,�
1999, ar►d filed of reco�d August 27, 1999 as d o��d private Bank of N�esO��
P. Deanovic and Deborah W. Deanovic as Mortgag
Mortgagee, hereby c�nsents to the filing of the Consent to Declaration af Covenants,
Conditions and Restrictians. attached hereto and subordinates its inte�rest unda se�d
mortgage to the interest of the Grantee.
Private Bank af Minnesota
B �
��
Y '
Its
StateofIvlinnesota �SS
Cownty of Hennepin ) �
' rument was acknowledged before me this�` daY af r�P�J�pF,dj-
The foregoing�nst
l 999 by ,�AU�D c�rA�D o ,the ExEG vTo vF- . ..r,
Private Bank of Minnesota, a Minnesota bankin8 corporation, on behalf of tlie
corporation.
This insttument was drafled by . , JAYNE lEE KUHA�
K�TERT�TAN�pR1�TIN0&KUHAK � , �T�r�,;�uc-�n�otn
:.,� �'
�' �,�;�;;, �,c,,,�,����".ai,�
431 South 7�'Street ' ,,... . .._
:�. �.---.,.;.:..:.�..
Suite 2505 c�'-�
Minaeagoliy MN 55415 � .
. ,
09/03/2010 18:04 IFA% EDENPRAIRIEREALTYFA%�CBBURNET.COkt i Al11SOII Van S1o0 �015/041
� � �ssss�s
' - 1 � Ar�a��tc��AA���Aio
OF MINNESOTA � / TAXPAYER SEAv�C`G
STATE TRAnt��;:� �:i�Cr�,:�[`
�SS.
COUNTY OF :c? �
COVENANT OF DEDICATtON .;,,F,iutr+.
�—
D£PUTY
The undersigned, James P. Deanovic and Deborah W. Deanovic, a� a�d�e.
now stipulate to the following statement of facts; and the undersigned fiuther aBcee to
resvict the use and tide of the realty described in "Restricted Area" to tlsis docUment
(hereinafter referred to as"Restricted Area") in accordance with the terms and conditions
set forth herein.
c'�'�1�� s'i`f��,i�i� Vr FACT
1, That the und�rsigned James P. Deanovic and Deborah W.Desnovic, are the
applicant for a MCWD 1'errnit number 99-169 to develop wetland; and that MCWD lias
� regulatory jurisdiction of said wetland.
2. Thst the unde�'signed James P. Deanovic and Deborah W. Deane�c,
husband and wife are the owo�ess of Lots 1 -4 inclusive, Block l, and Lots 1 - 3 inclusive,
Block 2, Jacobs Mill,Hennepin County, MN.
3. Tlzat a portion of the real esta#e descrihed above is a wetland under the
regulatory jurisdiction of the MCWD.
4 That the undersigned applicant and the MCWD have reached an agreement
whereby the undersigned applicani will be pemvtted to develop a gortion of t6e wetland in
accordance with the terms and condit'sons af MCWD Permit number 99•169 and, that in
consideration for the pernvttee�to develop the wet�and, the undersigned will mitigate the
adverse environmentai effects resulting from the development by dedicating and restricting
the use af the land descrbed on Ex�ubit A attached hereto and made a part hereof
("Restricted Area") as a conservas►cy area in ac:cordance wi�h ��e tertns aad conditions of
this dacument and the above mentioned pesmit.
5. That the above mentioned dedication shall consist of the execution of ttus
document by a11 Aas���s °�5�7'ltber eco ded en the Office of�the Co uty Recorder and
herein, and that this document shal
Registrar of Titles for Hennepin County, Minnesota.
6, That a pemzit to develop the wetland above described would not have been
granted but for the dedication of the Restricted Area for use as a conservancy area; and
that upon receipt of a certi5ed copy of this document, as recorded in the OfficP of the
County Recorder for Hennepin County, Miruiesota, the MCWD witl issue a validated
Page 1 of 3
09/03/2010 18:04 IFA% EDENPRAIRIEREALTYFA%�CBBURNET.COM � Allison Van Sloo �al6/041•
permit, number 99-169 to the undersigned appficant; and that said permit shatl be issued in
consideration for the execution of this Covenant.
7. That the terms and conditions of this Covenant of Dedication shali,as of the
date of execution of this document,bind the undersigned to the exterrt of their legal andlos
equitable interest in the Resvicted Area; and that this Covenant shall nm with the land and
be binding on the undersigned and their heirs and assigns forever.
8. That the tenns and conditions of this Covenam shall be both impGcidY and
explicitl}r included in any transfer, conveyance, or encumbrance of the Restricted Area ur
any part thereo� an�that any instrument of transfer, conveyance or encumbrance affectin8
all or any part of the Restricted Area shall set forth the terms and cunditions of this ,
doc�unent either by reference to this document or set fortl�in fu11 text-
DEED AND USE RESTR1CT10NS
The undersigned James P. Deanovic and Deborah W. Deanovic, husband and wife
warrar�t that they are the Ovv�ers in fee of the Restricted Area; and that the Restricted At'es.
is hereby dedicated ia perpetuity for use as a conservancy area•
The undersignad James P. Deanovic and Deborah W. Deanovic hereby agree to
restrict the use and title of Restricted Area as follows:
I. No dredged or fill material will be place� in the R.estricted Ai'ea except as
grovided pursuant to permit nwnber 99-169.
2. No commercial, industriaI, agricukural or residential developments,
suuctures or buildings shall be allowed or permitted in Restricted Area
3, No lumbering, mowing, drainage, burning, plowing or filling shail be �
allowed or conducted in tha Rest::cted .Ar�a. No domestir cattle, horses; sheep or other
livestock shall be kegt or grazed in the Restricte� Area. �
� 4. No filling, dumping, burning, g�d� ��vation, direct introduction. of
untreated storm water, and mowing or other vegetation removal shail be allowed without -
written approval from the Corps of Enginecrs.
5, No phosphorus containing fertifizers shall be used in the Resiricted Area
6, That atry unauthorized prohibited activity in the Restricted Area by the
permittee, °ubsequent property owners, or other parties shail be considered a pernut
vioiation, and that the property owrter and responsible parties may be the subject of
administrative, civil or criminai aciion.
Page 2 of 3
09/03/20�10 18:04 IFA% EDENPRAIRIEREALTYFAX�CBBURNET.COIN -� Alllson Van Sloo f�017/041
7. This Covenant of Dedication may be changed, modiSed or revaked oniy
upon written approval�of the MCWD. To be effecrive such approvai must be witnessed,
authenticated and recorded pursuant to the Iaw of ihe State of 1Viinnesota.
8. This Covenant is made in perpet such thai the present owner and its
heirs and assigns forever shall be bound by the te conditions set forth herein.
� ovic
arat►W. Deanovic
STATE OF MiN'NESOTA )
)ss .
COUNTY OF H�NNEPIlJ )
The foregoing instrument was acknowledged before me this 17 day of
1999, by James P. Deanovic and Deborah W. Deanovic, husband and
NOTARY PUBLIC
This instrument was drafted by:
KUNERT TAN�ORMNO 8c KUHAR r.� JAYP�E LEE KUHAR �
' � b�IMqESOTA �
h�JT�i Y�4l:�UC- :� ^ �{
d31 South 7ih Stteet '�'=�<. F.,. . ..;�;,:-es::n._ ,�'�5 ,
Minneapolis,MN 55415 ..,". . ... . �.. . ..._ �. ---~-`) .
(612-333-3225) � �
Covdeddce
Page 3 of 3
09/03/2010 18:04 IFA% EDENPRAIRIEREALTYFA%�CBBURNET.CO� � Allison Van Sloo �0.18/041.
' ' •
. , Exiubit A
Conservation Easemeni Descriptions
The South 30 feet of the East 120 feet of the West 240 fe,et of Lot 1,Block 1,Iacobs Mill
That part of Lot 2,Block l,3acobs Mill, describe�l as folluws: Commencing at the
Southwest corner of said Lat 2,thence North 33 degrees 12 minutes I3 second East
(assuming the West•Iine of said Lot 2 has bearing of North 0 degrces 07 minutes 20
seconds West}a distance of 153.58 feet to the point of beginning of the easement being
described:;thence North l5 degrees Esst�a distance of 80.00 fcet;t6ence South 75
degrees East a distanc�of 105.00 feet;thence South 1 S degrees West a distance a 8U•0�
feet;thence northwesteriy to the point to beginting. Also an easemeM for�onsen+ation
purposes over the North SO feet of the East 120 feet of the West 240 feet of said Lot 2,
The Southerly 50 feet of the most Easterly 65 feet of Lot 3, Block 2,]acobs Mill, and
also over the SoutherIy 60 feet of the Northerty 100 fext of the most Easteriy 90 feet of
said Lot 3.
09/03/2010 18:05 IFA% EDENPRAIRIEREALTYFAX�CBBURNET.COM � Allison Van Sloo t�019/041
. , �, �
CONSENT TO COVENANT OF DEDICATION
Private Bank Minnesota as the current holder of that ceRain mortgage dat�August 27�
1999, and filed of record August 27, 1999 as ducum�t number'1172656 between 3ames
P. Deenovic and Deborah W.Deaiwvic as Mortgagors and Private Bank of Minnesota ss .
Mortgagee,heiebY c�nsents to tl�e filing af the Consent to Covenant of Dedication
attached hereto and subordinates its interest und�r s�eid mortgage to the i�t�of the
Grantee.
. Private Bank ofMinnesota
E�c�
Its
State of Minnesota )
)SS
County of Hennepin }
The foregoing inswmeat was acknawledged before me tlus�daY uf �s�oE.✓l"
j999 by Dav�� G• td,��Do , tl�e ExtvvT�v� v/C£ P
of 'vate Bank of Minnesota, a 1Vlinnesota banking cotporation, on beha3f of the
corporation.
This instrument was drafted by ;..• .�• JAY�VE LEE KUNAR
KUNEKT, TAMBORNINO & KUHAR ;� � �,u�r�euc-�uu�sor�
431 South 1'�Sveet •,•.. Y °�f��ra J�n,31,2oos
Suite 2505 "`'�""� � ' .-. ' .��- .
Minneapolis,MN 55415 '
09/03/2010 18:05 IFA% EDENPRAIRIEREALTYFAX�CBBURNET.COM -� Allison Van Sloo f�Q20/041 .
'71896�� J�l.��9_.. ;"��U �:,': • .
I' ,,;_,., , . ,�
� . �Fi.�r�l�..'i, _:v� '
FLOWAGE AND CONSERVATION EASEMENT .;� ;,; '� �.*,�-'
AND WANER OF DAMAGES
` f .r• � .�n;7'��:�� �'
� . ...r..,..�.:,,'�;, •
THIS INDENftJRE, made and entered into this,��day of
by and between,James P. Deanovic and Deborah W. Deanovic, husband d wife owners of
property legally described as Lots 1 -4 inclusive,Block 1 and Lots I -3 inclusive,Block 2 and
Outlot A, Jacobs MiII and Outlot A, Jacobs Mill their heirs, assigns and successors hereinafter
co3lectively refesred to as the Grantor{s}and the City of Orono,its successors and assigns, a
municipal corporation under the laws of the State of Minnesota(hereivafter referred to as the
Grantee.)
WITNESSETH,Grantor(s}, for and in consideration of the sum of One Dollar(51.00)and
other valuable consideration, hereby covenant,grant, quitclaim and convey to grantee the right to
restrict and grantor(s)agree to limit and preciude the use, improvement and development, under
the conditions and covenants herein cantained, the following described Land in the County of
Hennepin and State of Minnesota: .
Thase certain drainage easements dedicated in the plat of]acobs Mill herein after referred to as
,��d��
as foltows:
1. Grantor(s)hereby covenant(s)and agree(s):
A. No structutes shal!be constructed, erected or plQced upon, above, or beneath the
Land including without fimitation, fences,fireplaces, steps, docks, piers, hardcover or
roads of a�nature whatsoever, or any other structure or improvement inconsistent with
the natural state of the land.
B. No vees, shrubs or other vegetation shatl be destroyed, cut or removed from the
Land except as authorized by written consent of Grantee.
� C. No earth, loam, peat,.gravel, soil or any other natucal material or substance shalI be
moved or removed from the Land and there shall be no dredging or excavation of any
. nature-what�oever or any�change of the topography of the Land without the written
consent of Grantee. �
D. No soil, sand, graveI or other substance or material as Iand511 shall be placed,
dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped
or store� upon the Land.
E. No use shal)be made of the Land except uses, if any, which will not change or
alter the natural condition of the land, aitd no use which would tend to change the
drainage, flood control,water conservation, erosion controt, soil conservation, fish and
wildlife habitat characteristics shall be made of the Land or the water situated thereon.
�9/03/2010 18:05 IFA% EDENPRAIRIEREALTYFAR�CBBURNET.CO� � Allison Van Sloo f�021/041
F. Gsantee may enter upon the Land for the purposes of inspection and enforcernent
of the covenants contained herein and to cause to be rerooved from the Land without any
Iiability any structures, uses, materials, substances, or unnatural matter incons�stent with
the covenants contained herein and the natural state�f the Land.
2. Grantor(s)hereby grant, gifl, quitclaim and convey to Grantee, a perpetual flowage
easement and rig�t and privilege to vespass with water over and upon any or all of the Land.
3, Grantor(s)herein do hereby remiss, release, acquit and forever discharge,the Gra�etee and
any and all of its officers and employees of and from 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 wit�water within the terms of these ageements.
In addition to any other remedy the grantee may have,the covenanis and restrictions
contained herein may be enforced by injunction.
Grantor(s)do not intend that the public shouid have atry interest in the above land by
virtue of this indenture or otherwise, except as hereinabove set forth.
Grantor(s)herein csrtify that the land herein descrihecl are free and clear of all
encumbrances except:
Mortgage dated August 27, l 999 and filed of recosd August 27, 1999 as document number
7172656 between James P. Deanovic and Deborah W. Deanovic, husband arid wife, as Mortgagor
in favor of Private Bank Minnesota, a Minnesota banlcing cosporation.
All pravisions hereof shall run with the and d shall extend to and bind the heirs,
successors, representatives, grantees or assigns f respe�tive parties hereto.
J es P.. Deanovi .
Deborah W. Deanovic
STATE OF NIINNESOTA )
)SS.
COUNTY OF HENNEPIN ) p �
z.t�-�
The foregoing instrument was acknowledged before me thi�/ day of
1999 by James P. Deanovic and Deborah W. Deanovic, hasband and wife.
,
� ' N aty Public
. 'j • JAYNE LEE KUfiAR
� �-. , t�oraRr�ueuc-�iNn�sora F
s•
��.:...^' MY comrrission Expires Jarr.31�2oas
�
09/03/2010 18:05 IFA% EDENPRAIRIEREALTYFA�C�CBBURNET.COM a Allison Van Sloo [�0,22/041.
This instrument is drafted by.
KUNERT, TAMBORNINO&KUHAR
431 South 7'"Street
NI'inneapolis, MN S 541 S
(612)333-3225