HomeMy WebLinkAboutDeclaration/covenants/conditions/restrictions/easements-2010 + � �
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Doc No A9552923
Certified ffie8 andlor recorded on
' 8/34/10 4;00 PM'
Offlce of the County Recorder
Hennepin County, Minnesota
; Michael H, Cunniff,County Reicorder
Jill L.Alverson,County Auditor and Treasurer
' Deputy 45 Pkg ED 650712
' aoc Name:Dectaratio� �
Document Recording Fee $46.00
Document Tatal $46.00
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• This cover sheet is Row a permanent part of the recorded documenk.
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�.�Ik{�a RRiQf�'CA�S PJ�iC
r�xaa�r�a,s��v��s
TAAN9FER�iVT�RED
� AU6 2 7 2010 . .
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DEC�ARA�TON OF COVENANTS,.
CQ�NDITIO1rfS,1tESTRtCTIONS AND EA3EMEN�'S
THIS UECLARATIUN IS EXEMPT FROI'�I 'Y'HE PRUVISI4HS OF THE M�NNESOTA
CpN[MpN�NTEREST OWNER5gIP'ACT,MINNESflTA STA'£UTES CH�'TER 51SB,
PURSUANT TO MINNESUTA S'�'AT'[JTES 51SB.1-14Z(e}(2}.
Thss Declaration of Covenarxts, Conditians, Restrictions ar�d Easements (tt�is
"Declaration"} is made this 7,S day of August, 2010, but effe�tive as provided below, by
Andra�s Lan,d Company, a Mirmesota corporation("Developer"), a�d is based on tb.e following
facts: � .
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A. Develaper is the purchaser und�c a Conlrac# for tieed of real properry located in
tbe City of Oroao (the "City"}, County of Hennepin (the "Cour�#y"), and State of Minnesota,
legal�y described on the attached Exhibit"A"(the"Subject Property'�.
B. Developer inte�nds ta subdivide the Subject Properly into six (5) resicient�al lots
' and tl�ree outlats pursuant to the plat of Kintyre Two�the"Plat"). �
C. Develope�r wishes to impose upon and subject the Subject Property ta eertain
covenants, eonditions, restrictions and.easements, foz the benefit of the Subject Property and all
present and fizture Owners of any part tliereof.
. NOW,.THEREFORE,in considerstion of the facts stated above,Developer hereby m�cas
this Declaration and submits the Subject Properry to the covenants, conditions,restrictions azad �
easernents set forth below, hereby �eclaring that this Declaratian shai� constitute covenants
ruru►ing with the land, and�declaring that ttie Subject Property an►d each portion thereof shall be
owned, used, occupied and canveyed subject ta the eovenants, eQnditions, restricrions,
easements, charges and lier�s set forth below, al.l of whict► sha11 be binding upan each Person
owning or acquizing any right, titie or interest fherein, and their respective heirs, personal
representataves,successors and assigns.
ARTI�LE 1
I3EFINITIONS �
The following wards,when used in tkis Dealaration,shall ba.vs the foltowing meanings:
S�. ,c '�1�— Io�lS�'72'
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1.1. "Association": Kintyre Tw� Homeowners' Association, a Minz�esota nonprafit
corporation. �
].2. "Comrnittees": The Design Review Comnuttes of the Association exercising the
� functions and powers described in Article VI below.
1.3, 1 "Commo�a Area": Outlots A, B, and. C of the Plat, and any portion of the .
Additional Pmperty that heceaff'#er is conveyed to the Association and made a part of Che
• Common Area by duly recarded amendment to ttus Declaration. ,
1.4. "Common Expenses": AlI expenditures made and liabilities incurred by the
Association on behalf of the�wners. �
1.5. "Conservation Easement Area": Those portions of the Property as are legaily
described on Exhibit"B"attached hereto a�ad made a part k►ereof by reference. �
1.6. `Developer": A.ndrade Land Coznpany, unless and until it assigns to another
Person,hy an instrument duly recorded in the office of the County Recorder in and for Hennepin
� County, Minnesota, the rights of Developer under this Declaration, in which case "Developer"
sha11 mean the owr►ez from time to time of the rights of Developer under this Declaration. In the
event Andrade Lar►d Company defaults under its Contract for Deed dated August 10, 2010,then
the"Developer"shall be the"Sellers".
1.7. "Lot"; .Any of one of the numbered lots in the Plat.
1.8. "Subject Property": 'I7zat par.cel described on the attached Exhibit"A".
1.9. "Owner": Qne or more Persons wha or which holds fee title to a Lot provided,
however, that if a Lot or Subject Property is being sold pursuant to a contract for deed, the
contxact purchaser(s} entitled to possession of said property shall.be the 4wner unless and until
the contract for deed shall have been cancelled or otherwise shall have terminated, If more Chan
one Person constitutes the Owner of a Lot, ail such persons shall decide between ox among
themselves how to vote in any vote af the Uwners of the Lots,.and the Owner of each Lot shall
be entitled to only one vote:for each Lot owned by that Owner.
1.10. "Person": A natural individual, corporation, limited liability company,
parhiership (whether general, limited or lirnited liability), tnistee, or any other legal endty
capable of holding titie ta real property in the State of Minnesota.
1.11. "Plat": The recorded plat af Kantyre Two,Hennepin County,Minnesota.
1.12. "Private Road": The roa.dway and vther improvements now or hereafter located
on Outlot C ofthe Plat.
l.l 3. `Property": The Subject Property.
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1.14. "Sellers": James D. MacKinnon and Pamela A. MaaKirunan, husband and wife,
an undivided one-tl�.ird iaterest, Catherii.ne A. MacKinnon, an undivided one-third in#erest, and
Leonard D.MacKinnon,an undivided one-third intemst. �
� 1.15. "Significant Tree'.': A heslthy decSduous tree r�easuring at least five irches in �
•diemeter, or a healdiy con,iferous tree measuring et least four inches'in diameter, measured in
caliper inches four feei above the ground. ��
1.16. "Wettaad Easement Area": Those portians of the Property as are Iegally
deseribed on Extubit"C'°attached hereto and made a part hereof bp reference.
� AR'TICLF Ii � �
' LOT U5E
2.1. Residential Use. Each I.ot s�all be used solely and exclusively £or residenrial
purgoses:No buitding shall lae erected,a�tered, placed or permitted t�o remaia•o.n any Lot except
Che.foilowing, i£ and to the extent permitted by applioable !aw amd the Committee: a single
dwelling house,designed for the accommodation of one family, oae ar more gazages designed to
accomm;odate two (2}, three (3) ar faur (4) automahiles, the exfierior of whieh shall be
constnacted of the same mate�ial used,ar to be used,on#lxe exteriox of the dweltin�house;a pool
house incident`to an in-ground swirnming paol on a Lot; a gazeba; and any other beiiIding �.
in�ident to the residenti.a! use af the Lo�. No above-�,r�ound swimming pool, except small,
mavable children's wading poots, s5atl be placed oz constr+�cted on any I,4t. No sign of any
kind shall be placed or kapt on t�ny Lot if sueh sign is visible from any other Lot, from the
Common A,rea,Qr fi�o�m anY road or any othex�acation outside af the Property, except anty {i)a
E sign not axceeding ona (1)square foot in area, indicating the address and/or narne of the Owner ^
of the Lot, (ii) a "for sale" sign af a size and dimensions not exceeding thase custornary in the
lvlinneapolis-St. Paul metropolitan area for res'rdential real estata "for sale" si�ns except as
atherwise approved by the Committee,and f iii) prior to the constructiou of a dwelling on a Lot
and the eonveyance of tlle I,�t and dwelling to the initial occupant(s) of tb.e dw�llin�, signs of
� which the size; shape,calor and message ha�e been approved by the Can�mittee,advertising the
Lot for saie,advertising the dwelxing as a.model hozne,and/or specifying the nanne of the buildac
constivctiag the dwelling.•Except as otherwise provided by applicable iaw, .no.satellite dish,
antenna or similax equipment or apparatus tlaat is visibte beyoz�d the boundary of a Lot shall be
located or instalted on tt�Lot. � �
� 2:?, No SuExiivision. So long as any covenant oondition or restrzetion, created by this
Deelaratian rexnains in effeot na Lot may be subdivided, combined with anather Lot or reptatted
in a rnanner which changes the aumber of Lots in the Property. Any replatting or other
subdivisson or combination of Lots shall nc�t, in. the absence af an azzaendment ta tilis
Declaration, affect the relative rights and obligations of Owners with respect to their �oting
� rights,iheir obligations to pay assessments pursua.nt tv this Declaratio�,or otherwise-•
2.3. Maintenance. Each I�nt and al!impt'ovements thereon shall be�na.intained by the
• Owner thereof in good arder�nd repair,i.r�accordaz�ce with all applicable laws,ordinances,ruies,
and regulations ancf any standards estabiished from time to time by the Comraittee.
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2,4, �'srking, NQ vehicla shall tse parkec�on an�y unpaved area on any Lot, nor on any
street�or roadright-of'-way adjacent ta the Lot or to any ather part of tlie Pro�erty. ,
2.5�. 4wnershim af Com:mon Area. The Common Area shall be owned at atl times by
• the Assaciation.
ARTICI�E f�
EASEMEN'�'S AND SETBACK,S
' 3.1. Utilitv and Dzaina�e Easexinents. Easements for instal.lation and maintenarice of.
utiifties and drainage facilities have been dedicated as shown on the Flat. Within these ;
easements,no structnre, fence, planting ar other matexi�l shaEl be placed or per.azitted ta remain
which may damage or interfere with the installati.on and maantenance of utElities or which may
change the direction or flow o£ water tlarough d�inage a�iannels within tlze area of these
easem:ents. The Owrier of a Lot shall maintain the� easernent sites on the Lot and all
impravements within it, exaepx for thase improvements for which a pablic suthority or utility
company may be responsible.
3.2. Private Roaci. Developer hereby declares and creates a per�etual, non-exclusive
pr�vate road essement over,�utlot C of tYie Plat,for the benefit of and appurtenanC to each of the . •
Lats and benefiting each current and fizture Owner of a Lat, for use by each fJvvner and the
guests and invitees of such Owner for pedestrian and vehicula.r ingre�s and egress, and
underground utility pcupose�,between such Lot and Watertnwn Raad as shown on the Plat.
� 3.3. etbacks. The setback requirements for the dwelling house and any �ther
building on each Lot sha11 be the setback r�quire►n�nts of the City, except as otherv��se set forth
below. .
' • 3.4. PubLic Access. Developer hereby declares and creates: (a) a perpetuat, non-
exclusive easement over t,he Privr�ie Road, fox the benefit of the public, for access over an�d
across the Private Ruad; �zd (b) a perpetual; non-exclu,sive easement over the Private. Road for
tiie benefit of the Gity, for (i) public ingr�ss, egress ax�d access; (i5) zoad, drainage and utiiit�es
purposes and uses, including the righ# to cous�truct and maintaia the same, including but not
limited to a full and free right and authority to enter upan �utlot C of the Pl�t to construat,
install, �naintain,operate and repair a s�uitary sewer interceptor, lif�station,m�ain or line, a water
main or line, graael ar paved road, and any and all appurtenanoes, including drainage control
structures, incidental and xelated tl�ereto; and (iii) ingk:ess and egress over the Private Raad for
inspection by the City af any portian of the F'rnperty, animal control, sa�ow remavaf, _
maintenance, repair and replacement o£the Pr�vate Road and the storm water draina.ge facilities
an the PmFerty,and exarcise of any ti�hts or remedies�ted to the City by tl�is Deolaration.
3.5 Conservation Easement. Developer and Sellers hereby covenant, grant, gift, quit
clairn and convey to the City the right to restrict,aud Developer and Sellers, for theznselves and
a11 future Qwzzers of Lots, agree to limit ar�d preclude, the use, improveme.nt and development,
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' under the canditions and covenants contained in. this Section 3.5 of the Conservarian Easement
�1rea; a�Zd Develaper and Seliers, for themselves and all future Owners of each of the Lots,
• hereby covenant and agree as follows:{a} na struoture shall be constructed, erected or ptaced
upan the Conserva6on Easemezat Area, includin$ without limitation fences, fireplaces, steps, ,
hardcover or roads of any nate,ue whatsoever,ar any'other str�zcture ar improvemenz inconsistent
with the nati�.ral state of the Cons�rvatian Easement Area,provided,hav�ever,that watking paths
that are nat m�ade of hardcover shall ba permitted with approval af the City; (b) no damestic
unir�aals shal� be kept or allowed to remain within the Conservation Easement Area; (c) no tree,
shrub or other vegetation�withi.n the Conservation Easement Area shail be destroyed, cut or :
removed except es authorized in. writir�g by tl�� City and iz► accordance with an approved
veget�tion management plan; (d) no ear'th, foam,geat, gravel, soil or any other natural.m.azerial
or substance shall be moved or removed from the Conservatian Easemsnt Area, nor shali any �
dredging or excavation of any natvre whatscever in, or any chang� in t6e topography of the
Conservation Easement Area be made without the written aonsent of the�City; (e)no soil, sa�d,
gra�el or other substance or matarial as landf"ill shall•be placed, dumped or �tored in, snd no
waste,trash or garbage shall be durnped or stored in,rhe Conservation Easement Axea; (fl no use �
of the Conservatio�n Easernent Area shall be made except any uses which will not change flr alter
the natural condition of the Conservation Easement Area, and no use whi.ch would tend to
change the drainage, flood contral, water c�nservation, ezosion controt, soil conservation,
urildli.fe habitat characteristics and scenic views of the Conservadaon Easement Area shall be
made; and (g) t�ae City ina.y enter upon �e Conservation Easement Area,for the pucpose of , �
inspeciion ar►d enforce�nent of the cavenants cs�ntained herein and to oause to he removed fxom
the Conservation Easem.ent,Area, without any liability,any stz�tcturre, use, matezzal, substance or
uu�naturat matter inconsistent wzth the covenants conta.ined in this Section 3,5 and the natural
stafe of tiie Conservation Easement Are�. Exeept as exPres5ly set fortb in this Section 3,5,tlze
public sha11 have n,o interest in the Conservation Easement Area by vi�tv.e of this Section 3.5.
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3.b Private Road Easement. The Pcivate Road is rtot a.publicly dedicated road�ay,
and the City af Orono has nc> ob�gadon to maintain or service said Private Road. The
Association shall assnme and agree to pay a pro rata portion of the total costs for maintaining,
repairing, altering and reconstructing,if necessary,the Privat�Road ove�r said easement so as to
� futly con�ply with t��e ordinaances of the City of Orona in regard ta�vate Roads. .
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3.7 Wetland Easemeni Area. Devetoper hereby declares and creates a perpetual
casan�ent for wefland purposes aver and across the Wetland Easement Area.
ARTICLE 1V
NUI SANCES;ANIMALS
� 4.1. Nuisances. No noxious or.off�nsive ac�ivities shal1.be carried on upon any Lot,
nor shall anything be done thereon w'hich may be or become an annoyaz►ce or nuisance to t�e
Qwner or occugant o�any other LoL
4.2. Ani a�s. No animals, iivestock or poultry of any lcind sha11 be �aised, bred ar
kept on any Lot,except thai dags,cats,birds and other cornmon.housel�old pets may be ke�t so
long as: they are nat kep#,bred or maintained for any commercial puipose;the�r are maintained .
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in accordance with all applicable laws and ordinances, including witho�t limitation any
li�mitations on t�re number of any such azuma]s and limitations on the �iousing and fencing
required for such animals;they are housed within the primary residential dwelling.ar thc garage
oi� a Lot, except as othet�vise approved by the Camrnittee; and they are not allowed to run at
large on the Lat of any Owner other than the owraer of the pet, vr on any street ar road adjoining
any af tl�e'�,ots or any ather portivn ofthe Property. '.
' ARTFCLE V
GARBAGE AND REFUSE; OU7CDOQR ST4RA.GE
5.1. Rubbish Trash and Garba�e. No Lot shall be used ar maintained as a dumping
ground for rubbish. Trash;garbage,tubbish,bzush,cuttings and other waste shall be kepc only in
sanitary containers sklaelded from view,in a marmer approvecl iu�r�vriting by the Coinmittee,frflEn
roads,ea�ements,other Lots and any othex portions of the Property.
5.2. irewo d. Firewoad may be kept outside a building only if shie.ldect from view.
in a manciet�approved in writing bY the Committee, from reeds, easern.ents, other F�ots and any
ot�Zer portions af the Progertyy.
5.3. Qutdoor Storaae. No motor vehicle, wai:ercraft, traiier or piece of recreationa.!
equipment, including but not limited to camping trailexs, motor l�omes, snowmabiles, �
motorcycles, raotor6ikes, boats and canoes, shatl be pe�manently or tempararily stored on a i_.ot
� outside of a garage,dwelling,or azea screen.ed from view from roads,easements,�ther�ots and.
any other portion of the Pcoperty. No commercial vehicle, equipmen�, parts or Fnachinezy shall
be per►t�sw.ently or temporarily stared vn a Lot outside of a buijding on the Lot.
�• ART�CLE VI. "
DESIGN REY�EVV
6.1. Desi�t Review Commiitee. No buiiding,structure or other improv�znent to a Lot
shall be erected, plaeed, altered, expanded. or occupied on any Lot, nor shall site grading,
Iandscaping or prepazation of a Lot occur, unril the building plans and specificaCions �nd site
plan.showing_the_location af such�building or other stzu.cture ar improvement vr alteration ar
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expansion thexeaf, and/ar the lendscaping plan, have been approved by the Design Review
Conimittee (the"Committee'i). The Committee initialiy sbal! be composed so3ely of Jarnes D.
MacK"u�►non,Je�'rey Martir►ea.0 and Leonard D. MacK'u�non, unless and un�il Sellers designate a
different tnember �by writ�en notice ta the Owner of each of the Lats. Thereafter, whenever
Developer and Seiters cease to own any of the Lots, the Committee shall be composed of the
Directors of the Association, or three persons designated by the Directors of the Associadon. Tn
the event of the death or resi�ation of ar►y mem.ber of the Committee,the r�mainiug meEnber or
membe�s st�all hava �I1 authority to act as the Committee until a substitute Director of the
Association, or a subsritute pezson designated by khe Directors of ii�e Association, is elected or
sppointed, as the case may be. The Conami.ttee shatt meet as frequentiy as necessary, upon
r�asvnable notice tU the Owners and members of the Catnmittee. All decisions of the Committee
shal� be by niajority rule. The Committee sha11 not unreasonably fail ox refuse to approve any
application or request by an Owner.
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6.2. Obiectives.'Ifie objectives of ihe Cammittea shall inct�zde,among athers,the follawing: �
. •(a) To premote long-term commtuaaty qualiry by encoura�ng constr�ction on the
I.ots af only single-famity homes and related irnprovements of appropriate
architectural style and exterior design;
(bj Ta protect and preserve the chsracter and nature of the Pmgerty, including its
landscape,pleasing vieu�s artd naturel characteristics;
� (e) To prevent any commarcial,busiaess or industrial.use of the I.ots;
(d) To gromote t�e use af o�zly quatity exterior rnateriats and finishes, of a colar snd
applied. in a nnanner that enhance the appeal and compaq.bility of tEie residential
community within the Fraperty,
(e} To promote adequate an.d reasonable development of the Propsrty, appropriate to
the type of hames to be canstructed thereon;
(f} To promote the exeotion of buildings appmpriately Iocated on the Lats, ta fostec
and preserve a hazmonious appeazance and fuacrion and to presecve the quaIity of
,vi,ews from other Lots; ; , .
(g) Ta enforce compliance with all terms, general and specific standards, and othes
use restrictions contained herein or in aay other docurnent du.ly recoxdcd which
affects dde to anp part of the Property;
, (h) To promatc compatihility of alt.�rati�ns made to any dwelling oz other .
improvements or� a I.ot with the existing dwellings and other improvecnents or�
the other Lots;and •
(i} To pmn�ote campatibility of landscaping on �,ots in order ta achieve a
harmanious viewscape from other Lots and to presexve and enhance the a�sthetic
qnality of the PropertY• .
5.3. Review Process. Design review by the Comxczittee shall incl��de but .aat tye
limited to (a) site grading and landscapxng plans; (tf) loeatian af all buitdings and othex
. , imgr.ovements; (c} height and mass of bui.Idings in relation to other houses on Lats and the .
genera] tapography of tb.e Property; (d) driveway access; (e) exteriar finish materials; and (fj
location, cornposition, size, cc>Ior and design of au�y and all fencing. Prior to commencement af
cnnstruction or site grading on any Lot,the Owner of the Lot shall snbrciit#o the Commiitee: a
site plan af the Lot, shouving existing grades,Lot lines, setback lines,gzoposed iacaxion of each
building,and the'lacatio�, ieng(h and width of a�l driveways,fences,sidewal.ltis and patios;a site
grading and tree cleareng plan, rWhich sha.lt identify all tree protection aad Draulfield Sites
protectzan measures and all instal�arions of silt.fences; two (2) sets o�constructiaa plans far the
building(s), ineluding interior floor plans, renderings of al! exteriar elevations, and a�n ,
idenlification of the eharacter,quality aad colar and,if available,the manufacturer,af all exYerior
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materiaIs and finishes; randerings of any proposed fences ancUor retainzng wall improvements; a
tree survey af the Lot ta,be improved, showing the size species and toc�tion of ail Signi�csr�t
Trees•vn the Lot that are proposed ta be removed &om or relocated an ifie Lot, and the size,
species and tocation of aIl replacemant Significant Trees required by Section 2.7 above;and the
size, species and iocation of at least twelve lxees that are required to be planted along each
boundary of the Lot that is a corcureon 6oundary with azzother Lot(the°`Com�mon Boundary Tree
• Plau'). Replaeernent Signi£�cant Trees may be counted towards the�tweIve tree r�quiremeni of
the Common Baund�ary Tree P1an if pFarxted a�ang a coxnzixon baundary. Tf withiz�. lwenty-one.
(21) calendar days �fter alf of said matezials have been submittad ta it, tbe Cammittee or its ,
designated representative nexther disapproves such altersrion or uriprovement nor appraves tF�e
same sub3ect to one ar mare conditions,and in any event if no suit to e�join the making o�such
alterations or icnprovements has �been commenced prior to the completion th�reof, suclz
approval(s) will be deemed granted, further evidence thereof wilI not bs required, and this '
covenant shall be deenc�ed to haWe been fitEly performed. ,
6.4. Landscauinsz. No vegetatian on a Lot shall be altei�d, except pursuant ta a
landscaping ptan submitted to and appro�+ed by the Committee. Prior to commencement of any
grading,tree removal ar othar landscape alt�ration beyond any such activiry within the approved
building area for a dwe�ling,and in any event not later than the earlier to occur of the date af first
accupaucy or ninety(90)days eotx�gletion of consttvction of the dwelling on a Lat,the Ownec of
tl�e Lot shall Submit for review by the Cornmittee two sets of a proposedlandscape pian for the .
Lat, identifying aIl plantings, mai»Sained yard areas, gardens, areas of pmposed noa maintaibed �
. rtatural ground covet, proposed tree clearing, replacement Significant Trees and the Common
Boandaxy Tr�ee Plan for landscape or view purpos�s. If, withizw twenty-one (21) calendar days
after its receipt of the proposed landscage pian compiying with dfe requirexnents af this Section
6.4, the Comnnittee or its designated representative neither disapproves such landscape pfan nor
+ approves the same, subjeet to one or more conditions, approva( of tlie landscape plan will be .
deemed granted,further evideace�tttereof will not be required at�d tltis covenant shal.l be deemed .
to have been fully performe.�. The Co�runittee,in its review of landscape plans, shall discourage
i�he removal of any Si.gnificant Tree on. a Lot, unless such tree is diseased or within the site of
the approved improvements to be ttiade to the Lot,in which case the Committee m�ay rec�uire tt�at
each such tt�e be �ep3aced �n the Lat by two trees bf a size a�td speeies acceptable to�the
Committee. The Committee,in revi�wing and approving landscape plans for Lots,slzail liave as
one of its objectives to eusure th�t the tandscaping on all of the Lots is harmanious with the.
landscaping on the other L�ts.
6.5. Subseauent•imarovements. After initiat oecupancy of the dweiiing construeted
on a Lot, no exterior improvenn�nt or constntctio� which Iaas not previousiy been appro�ed
. pursuant to this Articie VI sha11 be evmmenced,and no building,other structure or improvemant
to a I.ot shall be aitei�ed on the exterior (6xcluding norrnal staaning or r.epaintin.g of a simikar
color),nor any substan�ial landscape�vork done on any Lot,unless tke approvals required by this
A.zticle VI shall have been obtained. Notwithstanding the foregoing,in the event of a casualty ta
a.ny improvements on a Lot,which impxaveznents were approved pursuant to this Article VI,the
Ow�er of the Lot sha![ be entitled to rebuild those improvements, withoezt clxau�e from the
original approved plans,without a�ain obtaixiing approvaf by the Conzmiftee.
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6,6. �ther Specifio Standards. To provide guidaz�ce �o Owners� Developer hereby '
pra�ides the foliowing additional design review standards which shall be enforced by the
Caramittce �
(a} Nlateriais. The exterior walls of all buildings ozz a Lot shall be canstructed of any
� '• of the�'oltowing materials;of�quality and applied zn'a manz�er acceptable to the .
Committee:� bcick, stucca; naturai stone; cultured stone; cedar sf�ake; ceda�
siding;redwoad sidang;ar other material appmved by ihe Cammittee. Cansistent
application, on atl eievations af Eb.e pmposed dwefiing, of corner boarcis, window
� and door trim, shatters,.frieze boards and moldings ar� encouraged, ar�d may be
required wk�enever visib(e from any ot�er Lot. All raof vents, plumbing stacks
and flashing shau�d closeiy rciateh�e color af surrounding materials., Driveways
shall be paved, with asphalt, concrete or pavess. Approval af colars by the
Cornmittee sh,all be in its reasonable discretion. Exterioz colors approved by the
, . Carnmittee may not be cksanged withaut the same approval.
(b} Tridividual Sewas�e Tceatx,nen# S st nas. Individual sewage treatment systetns
shal! be built into the existing contow af the �.,ot, and landscaped to mask the
appearance of a "monnd." Any access port�ls or pipes used to pump out
uxiderground holding tanks sliall be ir�stalled z�ot more than two inches above
�ground level, and shaEl be capped 'zn a manner consistent with best industry
practices.
(c) �.andscape Ptans. Generatly, lsndscape plat�s shall contemplate turf shrubs, trees
and flower garden.s,to be xnaintained by the Owner of tha Lot. T�andscape plans
providing for nan-rnaia�►tained areas may be pernsi.tted oniy iAa areas of heavy tree
� cover. Landscape plans which include plantings of native grasses, wildflowers
andlor oth�cr plantings intended to crea.te a lov�r maintenance landscape of natura�
app�arance, may be pertnitted only when tlie same will be pxo�essionally
designed,installed and maintained#o maturity and where the same are appropriate
� to neighbaring landsca�e.
- - (d) Retaining Wa�ls. If the owners of Lots 1, 2, ar 3, Block 2,.desire w construct
retaining walls,the materials shall be limited m boulder or a znodalar block wall
' systezn in earth tones,and subject to review by the Architectural Committee and �
subject to City appzoval.
ARTICLE�I
COMMOl�EXPENSES
7.1. Common Area. Tfte costs of maintair►ing, rept�iring and replacing the Common
Area, and the Private Road and any other improuements on the Com�n.on Area, and the cosu
incurred by th�Association in ot�erwise perforrning its obligations under this Dec�aration,st:atl
he Common Expenses._ .
7,2. Otlzcr Comrnon��cAe.nses.The following also shail he Common Expensas:
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(a) The casts af niaintain'r.ng, repairing and replacing, and paying the cast of �
elec�icity used by, any and all street lights, if any, within the Property to ihe
� extent not maintained by the Cify Ar the Count}; �
• � . (b) Ail specsal ass�ssments ]evied by the City against any or ali af the Lots for the ;
'. improvcment, reconstruction, repair or replacemeiit of Watertown Roacl,
regacclless whe�ther such assessments aze leviad by �e City agaii�,st aU or fewer
than ail of the Lots, and regardless whether the City levies such assessments
� against Lots in equsl or unequal aznounts;
(c) Any•real estate taxes�td special assessments fevied against the Cornm4n Area; ,
(d) The costs of mairnaining a�l storm water ponds ancE ather storm wate� �
management f.acilities now ar hereafter crnastritcted on the Pr.operty; and
(e) Fhe costs of maintaitiing and cnmplying with the ecological restoxation ar�d
management program for the Property proposed by Developer and appxoved by
the City,as the same hereafter may be smeuded from ti�e to time with�the City's
approval. •
. (fj �The costs under the Ueciaration imposed by ttze N�.innehaha Creek Watershed .
DistricL
�aftT1CLE VII�I
ASS�SSMENTS
' 8.1. Creation of Lien and Pe,rsonal0bti tion of Owners. Each Owner,by accepting �
any deed or other instrumcnt a€canve��nce to a Lot, wljether or nat it shall be so expressed in
such deed or other instrument,is deemed to covenant and agree to pay to the Association generat
aruaua! essessments or charges, and special assessn�ents for capital impravements and other
Common Bxpenses which are incwrred less frequently than� aru�ualtY by the Ownexs, sueh
assessments to be sstablished and collected as herei�a.flter provided. All annual and special
asssssments assessed against a Lo� together with interest, eoUectian costs and reasonable '
at�torney's fees, sha11 be a lien vn the Lot, in favor. of the Associatioa,frem the due da�e of such
assessrr�ent w�ts.l pasd in full. Esch such assessrnexit, together with i�tterest, collectzon costs and
reasonable artorney's fees,shall also be the personal obGgation of the Ovvner af the Lot as of t�e
due date of the assessment, and if more than one person is the Owner af the Lot, each suc,h
persan shall be jointly and severalZy liable there£or. Such assessments sl�.all be Fixed,established
and cotle�ted by the Association frorn tim�to time in the manner provided in this Articte.
$,2. P oses of Assessments. Ttxe assessments levied a�ainst the �,ots shati be used
exctusively co improve and znaintain the CoFnmon Area, to rnaintain and repair any amenities
located within the Comrnon Area,and to pay other Common Expenses.
g.3, Annual Assessment. The Rssvciation shall fix the amount of aunual assessments
and the dates and mcthods of paymen��
8.4. ,S�ecial Assessment for Canital Im�ravennez�ts_ Speaial assessnaents for the
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pw-pose of defraying, in whole or in part,the cost of a�.y conswction, reconstruct�on,xepair or
replar.emeni o�'a capital improvement shaIi be levied only with the assent of�e �wners of a
raajorify af tlte Lots. �
8.5. �Jniform Rate of Assess�ment Bo�h azuival and special essessments shatt be�ixed
at a uniform rate for all L.�ts, a.c�d may be callect�d on a monthly, quarcerly or annual basis, as
determined from tixne to time t�y the Associatiott.
8.6. Effect of Nanpavment of Assessments. Any assessmen.t not gaid within thirty
' . (3�) days after the due date sh�1!bear interest from the due date us�til paid,at a xate equal to tiie
lesser of the highest rate permitCed by Iaw, ar eight petcsnt (8%)pez annum. The Associativn
may bring an action at Iaw against an Qvvaer who has not fimely paid an assessment faz which
� such Owner is persanally obligated (a"Defat�lting Owner"},and/or foreciose the tien againat tt�e
' t,o#owned by the Defaulting Owner,ta collect any assessment awed by t3ie Defaulting Owner..
No �wner may waiva or otherwise escape Gahility for the assesszxaents provided for herein by ;
non-use of tl�e Common Area or a�iandonmerrt af a Lot A suit to recover a money judgme�t .Eor
unpa�d assessments and expenses hereunder may be maintained without foz�eclosing or waiving
the lien seauring tb:e same,
8.7. Lien for Assessments. �s.l[ sums assessed ta any L�t pursuant to this Articie VIII,
tdgether with�intecest thereon and other costs as provided l�exein, sha11 he secured by a lien �
thereon in favor of the Association. Suc1a lien shall be superiar'to al1 other liens and
encumbrar►ces on such�C�ot except only for fiens for generat and speeia! taxes,an.d the lien of any
first mortgage on a Lat. �11 ather Persons ecquiring a lien an any Lot sha11 be deemed to have
consented that such Person's lien shall ba inferior to future lisn� for assessments as provided
herein,whether ox not such consent be specz�caily set forth in the instrument creating such lien.
To evidence a Jiera for sums assessed pursuant to this ArEicle, the Associatian inay
prepare a written nodce of lien, setting foxth the amount of the assessment, the due date, the
. Acnaunt remainuu�g unpaid, the name of the Defaulting Owner and a description of ttae Lot, and
record ihe same i� the affice of tbe County Recorder in and for Hannepin Cow.ity, M'snnesota.
Such l�en may be enforced by}udiciai foreclosure ar by foreclosure by advertisement, itY the
same.manner in whach mortgages an real property may be foreclosed in iviinnesota, and each
current and futuze Owner,by becoming an �wner, hereby grants to the Association a power of
sa1e,to enable the Associafion ta enforce the lier�hereby creatett by�on jud�cial proceedi�.gs. Tn ,
any such foreclosure,the Defau7Eing 4wner sha21 be requi�red to pay the costs and expenses af Ehe
Association in collacting the assessments and/ox enfarcing the lien,all of which shall!�e secured ;
by the lien beiag foreclosed. In or�ier to�ca.use the Associadon to discontinae a.c�y �oreclosure or
any other proceedings to collect any assessme�.t and/or to enforee any Iizn granted pursuant ta
this Deciaration, the Defaulting Owner shall be obligated to pay all assessmeats a�n;st such
Owner's L,ot w�aich shall have become due as of the date of such paym.ent, anti atI costs and
expenses incwrred by t�e Assooiation in wileeting the assessments andlor enforcing such fien, .
includin�rtasonable attorney's fees. -
A release of not�ce of lien sk�all be executed by tiie .Association in recardable form, and
may be recorded at the Defaulting Owrier's expense,upan payment of all sutns secured by a lien
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which}�as beeri the subject of a recorded notir,e of lien.
, � The Association, upon written request,shall report to �ey Person with a valid lien on or
interesf in a Lot, any assessments remaining unpaid for langer thao ninety {90) days after the '
same shall have becanne due. �
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8.8. Continuin� Lisbilitv. Tbe sale or other transfer of a L�t shal[ not extinguisl�or
atherwise impair the sssessment lien, nor extin$exish or impair the pezsonal obligation of the •
se�ling Owner foz arty delinqu�nt assessrnent and interest, costs and expenses, until the same
sha11 have been paid in fuli. Notwithstanding the fosegoing, t3ie person�l liability of any(}wner ;
to gay ^assessments and any relatet! interest, costs and expenses sb�all apply only as to an.�� snch
assessmeats,interest,coszs and ex�rerxses which were due when the OwneF became the Qwner af
the L.ot or which becasne due-thereafter.hut priar to the date on which the Owner ceased to be ;
the Owner of the Lat. •
8.9. Governmental Asse�sments. In the event that the Associatian fails to psrforna any
of its obligations pursuant to this Declara.tion and such obligations were imposed by or for the
beneft of the City, the County, or any otk�er governmantai ar quasi-gaver�ment�I entity, such
governmental ar quasi-governrnental endty sha11 be entitled ta pay �nd pe�'orm khe obligadons
of t�.e Associati�n in cannecdon therewith and to levy,impose, enforce and cotlect the costs so
paid or zncurred by.sucb.entity by at�equal assessment on each of the Lots, to the fi�lest extent.
perniitted by law.
ARTIGLE IX
GENEI�AL PROTVIS�iONS
F 9.1. Durauo�. The coyenants, oond'ztians, restrietions and easem.ents in this ,
Declars�ion sha31 ma weth and bind the Property and shall inure to the benefit of and be
enForceable by and against the Owner af each Lot, and thoir respective iegal representatives,
heirs, successors and assigns. The easements created pursuant to this Daclaz�ation sk}alI be
perpetual. Any provision of tttis Deelaration expressly benefiting the City, the County. ar any
�ther govemmental or quasi-goverrnnental entity, shall be perpetual unless and until waz�ed in
writing by that entity. All other covenants, conr3irions, restrictions and reservations created by
this Declaration shall continue £or a terrn of thirty (30� years from the date af tlus Dec3arat�on,
a.f3er which tine the same shall expire except to the extent preserved in a duly recorded
iRstrun�ent, signed by the Owners of at least tl�ree(3)af the Lots,agreaing to extend the duration
oFthis Declaration.
9,2, Enfazcement. Each �wner (ineluding Developer so long as Dev el�per is the
Owner af At Ieast one of the Lots) and the Associatian shall h�a.ve the right to enforc�, by any
proceeding at law ox in equiiy,all easements,cove�aants,conclitians, restrictioas and charges now
. or h�reai3er imposed by the provisions of ihis Decla.ration, i.ncluding the collectioa af any
Owner's pro rata share o€Common Expertses.The City,the County,and an;y other governmentai
or qe�asi-governmental entiry, shall have the tight ta er3force by a�ty proceeding �t law ar in
equity a11 easements,covenanEs,conditions and restrict�ons created by this Declaratinn expressly
for the benefit of such esttity. In view of the �arposes of this Declarat�on and t�e •u.nique
characteri.stics af the Property,it is acl;.nawledged that money d�mages to the Association, any
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Owner or any other entity in the event of a violation of any of the terms hereof would be an
inadequate remedy due to the irreparable and 'unmeasurable harm done tI�ereby. Accordingly,
. the Association, each Owner(including Developer, so long as Developer is the Owner of&t least
one of the Lots) and any other entity•shall have tixe right, in addition to any other remedies
available at law or in equity,to apply for and receive from any couzt of competent jurisdiction in �
the State of Minnesota, equitable relief by way of restraining order� prohibitoiy ar mandatory
in,�unction;�or other relief, to prevent and enjoin a hreach of the terms•of this Declaration, ar by
way of speci�c performanee to en£orce performance nf the terms o£ tkiis Declaration. If
successful, the party seeking enforcement of the terms hereaf shall be entitled to recaver from. ,
the party violating the tez�rrts af this DecIaration reimbursement for all costs and expenses of
litigation, includin� reasonable attorney's fees, wimess fees, service of process fees, deposition
costs,expert wimess fees,and any other eosts incunred in securing such relief. �
9.3. Severabilitv. lnvaiidation of any provision hereof by judgrnent or court order
shall not afFe�t any of rhe other provisions,which shatl remain in ful[£orce and effect.
9.4. Aznendment. This Declaration may be amended by an instrument executed solely
by Developer until Developer sells all of the Lots, and thereafter may be amended by an
instrument executed by Qwners of at least five (5) of the Lots; pravided, however, that Section
8.5 may not be amended without the express written consent of the Owner of each of the Lots;
and no part of the Property may be deprived of any easement granted pursuant to this
Declaration, if any, withoat the written consent of each Owner and lienholder of that part of the
Property.
IN W]TNESS WHEREOF,Developer has oaused this Declaration to be duly executed on
the day and year first above written. �
. F �
DEVELOP�R:
Andrade Land Company,
a Minnesota corpora �o
Sy: --�
e y L. artine u
s: ief ecuti Oftl�er
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STATE OF MINNESOTA )
. ) ss. - .
C�UNTY OF HENNEPIN )
. Th�foregoing instrument was acknawledged before me this��day af August,2014,by
Jei�rey L. Martineau, the Chief Executive Officer of Andrade Lan.cl Company, a Minnesota
. corporation,on behalf of the corporation. .
' a� �r �✓J
� Notary Public� �
JOHN A.AOSS .
���t6
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FEE OWNER
CONSENT TO DECLARATIaN 4�COVENANTS, ;
C�NDITIONS,RESTRICTIQNS AND EASEMENTS
eatharin.e A. MacKinnon, a single person; James D. MacKinnon and Pamela A.
MacKinnon,husband and wife; and Leonard D. MacK.i.nnon,a singie person;fee owners of a11 or
part of the �roparty subject to the foregoing Declaratiozz of Covenants, Conditions, Restrictions
ar�d Easements, for good and valuable consideration, the receipt and sufficiency of wizich is
hereby acknowledged, do hereby join in, affirm and cansent to the provisions, covenants, .
eonditions and restric�ions thereof, and consent to the granting of the easements as estabiished
therein. �
Dated this�day of August,2010. • ! �
,
;._�—T �
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�Ct,��..s. �'+� �G.�. i�. �
/
Catharine A. MacKinnon es D. M Ki on
��
d�� �� '
_ d,�i i�d'�•�
onar .MacICinnon amela A.MacKinnon �
1 f �
STATE OF CALIFORNIA )
)ss.
COUNTY OF��)
The foregoing instrument was acl�owledged before me this ��i day of August, 201Q,
by Catharine A.MacKinnon,a single person.
DOUC�LASJAMES WJNTER .
Commissioe#t872415 � �a�.y �
� Motary Publlc-Catitornta
San Mateo County �
Comm.Ex irea�ec 3,2053
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STATE�F MINNES�TA }
)ss.
COUNTY OF IiENNEPIN )
. 'Tb.e foregoing instrument was acknowledgsd before me this �s�day of August, 2Q10,
by 7ames D.MacKinnon and Pamela A.MacKinnon,husband and wife.
C p� �l►��.�.. :
Notary Public
f�1�S SdKfTT MRSSfE � �
NCyCARY PtALIC•MlN�TA
Yy Oanmbqon�xplrea,i�►3t�2015
� STATE OF MINNESOTA )
)ss.
COUNTY�F HEIVNEPIN )
The fo.regaing instrument was au�knowledged before me this �5��`ciay of August, 2410,
by Laonard D. MacKi.nnon,a single persan.
. � ✓C C.s?CC" ��r.�-ee
Notary Pnblic
�
C�lARL�S SCQTf MASSIE
'NOTAAYPUBlIG•M�fA
�Y Oomadssbn E�pies Jsn St�R0�5
DRAFTED BY:
C. Scott Massie,Esq.
1055 East Wayzata Boulevard
Suite 300
Wayzata,MN 55391 '
C:ICSM1MackinnonlKintyre TwolDeelaration(Sig Pages).dac
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EXHIBIT"A"
LEGAL DESCRI]PTION
The+.land described in the referenced znstrument is lacated in Hennepin County,
Minnesota,and is fegally described as follows:
Lots I-3,�Block l,Lots 1-3,nBlack 2,and Qutlots A,B,a�d C, Kintyre Two
unct, I,Kl��
Abstract Property
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EXHIBTF$.
Conservahion Easement Descrip ' ns
; �
� Outlat B,.Ri'ntyre Two; . .
The East IZa 00 feet af f.ot 1,Block 2,Sirttyre Two; �
� ' The East 20(1.00 feet of Lot 2,Sloek 2,K�tttyre Two; -- . . .W---
, -.The Southerly 3Q:QQ feet of Lot 3,EYock 2,1�'intyre�'jwo aad thatpart of said Lot 3 wh�ch �
l�s norlherly of the southerly 30 feet of saul I.ot 3 and wh�ch l�es easterly of the foClox�i►sg
d�scribed line: Beg�rcing at the intersecHon of the North d�ee of sarrl Lot 3 with a tirte :
purpll¢!to aKd SlQ.Qa feet west of the F'ast lliie of sard Lot 3; thence south aking said
prrralfel line a dislanee of 90.00 feet; thence southwesterly de�ing right 30 degre�s to
the north line o,j'sa�d southerlp 30.OU feet and there ending. �
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152906v04 ORONO/4Cn�Two
SRN:r08/09/2010 (Mdrade Land Company/MacKinnon}
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E�BI'�:�C�
4-
Wettand a,�.d�u�er Ease�}ent Descri�tions
.4n easemerttfor wetland purposes over and aeross those parts of Lots 1,2 and 3,Block 2,aa�d
Outlot B,Eintyre 7�wo, whieh I�e witfi�rc the draircage errsemertt shawr�on the recorded plat far
said Lots and Outlo� �
Att easement for weuaftd'buffer purposes�ver artd acro�s thQsepar�s of�ofs 1, 2 and the East. �
� 200.00 feet af Lot 3;BCock 2,K�'e�tyre T�o whi'ch lie wlticin St1.�f1'f:eet•o,�{����nage
ease»e�n1s shown'on;tlie��corded ptat for sat�d Lots excludirtg the area within said drainage
� easement� AlSO,art easement,j`'or wetdand bu,�f,er purposes over and acrass�hat perrt of satd
Lot 3 lying west of the East ZOD.00 feet of said Lot 3,and that part of e?utlot B,Sfntyre Two �
whech lies w�thdn 36.5 feet of lhe dtainage easernents shown or�the recorded pda�t far sa�'ai Lot
and OufCot e�rcluding the aren wethan sa�af dralnage easernen�s .
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t sz�o6�ua ' oRorronsn�r►-�n�rwo
SRN:rQ$/09/2Q10 (Andrada Land Company/MacKinnon)
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