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", r. DECLARATION OF CnVENANTS,
`'�' � � � � CONDITZONS �ND RESTRICTIONS �
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� � .Tv"�IEREAS, the undersigned, CROSSTaWN ASSOCIATES, a general , .
� .Y--��� ; partnership, as Owners of the real estate described in Article ZZ
��`:ti � herein, and as the developers, desire to create thereon a resi-:
dential cor.ununity with open spaces and other c�a�on facilities
'for the `benefit of the Owners of. the said real estate; and -
�' � ° �.. WHEREAS, Owners desire to provide for �he preservation� of � `
� ._ the values and amenities in said real estate :and for the maintenance �
.� =` . - of said open'. spaces and other common facilities; and to this 'end :
' r `; ,: ; , desi.res 'to subject- the real property described' in Article .Il, to- �;
> �,- . ;gether with such additions as 'may thereafter be made tl�ereto, as' :
'�:_ - .' .provided .in Article II, to the covenants, restrictioris; 'easements, :
��F charges and liens hereinafter set forth, 'each' and all �of whi�h is::
< �' t ` , and :;are .for the benefit of said property and each ownertitereof, �• ".;�
: �, .
, ''= ' and . _ ,,
,� WHEREAS,' Owners have deemed it desirable for the, efficient�;pres -;
.', .`, . ��,,ervation t�f the' values and amenities in said real �estate' to. create . .�
`° an agency to which should be delegated and assigned the powers �of"
'maintaining�and <administering and enforcing the covenanfs and�� restric=,
� °tions- and collecting and disbursing the assessments and charges here
,
' • � =inafter created; and t � ;
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_ � WHEREAS, Owners have incor;oorated .under �the� laws of the �State ��
� ,�� �:' of Minnesota, � as a nonprofit "corporation, the LAFAYETTE',RIDGE HOME
_ � .. OWNERS ASSOCIATION for the purpose of. exercising;the functions afore �
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said; :
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, Declare that the real property described in Article' II ��and,;such `
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, � , 'additions thereto as may hereafte�r be`made pursuant�to=said;:Article w.
� }, ;>II hereo:f is, .and shall be held, transferred, - sold; conveyed,=and �'; 4 ', '.
; � ` occupied, subject `to the covenants, restrictions, 'easements,,,charges -
and ;liens (sometimes referred to as ."covenants and restrictions").
� -. hereinafter set for�h.
�°` F � ARTICLE I. .
�
� Definitions
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- � ; ' ��' Section l. The £o�.lowing words, when`used in _this Declaration, t;
� , °_; ;. or any supplemental declara�ion (and unlesa the context shall pro- , �
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hibit) ," : shall have the following meanings:
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a. "Association" sha�l mean and refer to LAFAYETTE RIDGE `
HO1�Ok'N�RS ASSOCIATIOri.
h. "Common properties" shall mean and refer tfl lo�ts owned or
to be conveyed by developer to LAFAYETTE RZDGE HOMEOWNEgS
ASSOCIATION. .
;:. •
4 � �. "Lot" shall mean and refer to any plot of land shown u on
�' any recorded subdivision map of LAFAYETTE RIDGE with the
;:
exception of coc�on properties as heretofore defined. -
d• "Owner" shall mean and refer to the record owner, whethex�
� one or mor2 persons or entiti�es, of the fee simple title
to any lot situated in I,AFAYE'TTE RIDGE but na�withstandittg �
� � . any ap�licable theory of the mortgage shall not mean or .:
refer to the mortgagee unless and until such mortgagee
,has acquired title pursuant to for�closure ox any praceed-
: , ` . ing in lieu of foreclosure. , , ,_ , •
; . : : ._ „�
e. ' "Member" shall mean and refer tr� all owners who are members -•. 1�
:
., . : of the A�soci.at�an as provided in Article ,III, Section 1, �
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hareof.
` : f. "Developer" shall mean and refer to Crosstown Associates,�;
its successors and assigns, i-f such auccessors or a3signs -
fi ' shall acquire more than one undevelo ed lot from the Develo
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er for .the purpose of development.`
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- : g. � "Li1 ing Unit" shall mean and refer to a single fam� � '
� � dwe�ling constructed on a lot. Only one single_ famil.y -
3� . dwell�ing sha1Z be allowed to be constructed -on any lot � =" -
X within Lafayette Ridge. . ,
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x ARTICLE II,
� - , Property Sub�ect to this Declaration `
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. ,� � •.. , , � `_ : Additions Thereto , . � .
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- Section 1. The,real pro�erty which is and shall be held,
� : � transferred, sold, canveyed and occupied subject to this Declara�ion
� .. :is located in the City of Orono and the City ot Minnetonka Beach,
r`' .Coun�q of Hennepin, State of Minnesnta, and is more paxticularly �. .
� deseribed on .the attached Exhibit A incorporated herein by reference.
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� � AkTICLE III.
Men:bershi_�and Votin�; Ri�hts
in the A�sociation
� Section 1 . Membership. Every person ar entit� who is a record
owner of the fee or undivided fee i�terest iii any 1ot wi�ich is sub-
t ject by cove�ants of record to assessment by tile Association, includ-
� ing contract sellers , shall be a member ef tF�e Association. If a
� member is oNner of more than one lot in said plat, he shall hold
a membership for each lot .
�
� Section 2. Voting rights . Members shall be entitled to one
vote for each ?ot owned. When more �han one person has right to
4 ownership, the vote for such lot shall be exercised as they among
} themsel��e� determine but in no event shall more t!:an one vote with
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� respect to any one lot and there ca:�not be a split vote. Votes may
$ be cast as set forth in the Bylaws of �he Association.
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� ARTICLE IV.
Property Ri�hts
in the Common Propertzes
Section 1. Members' easement of enioyment. SLbject to the pro-
visions oi Section ? , every member shall have and is granted an
easement for ingress to and egress from his lot , and a ut�lity �ase-
«�ent to the lot, and shall have a rigt-.t and easement of enjoyment in
and to the Common PropErties and sLch easement shall be appurtenant
to and shall pass with the title to every lot. The Association may
designate certain areas within the CoRunon Properties to the exclusive
use of an individual Lot provided that such a designation shall not
unduly interfere with the use and enjoyment of any Iot.
Section 2. Title to common properties . The developer� may
retain the legal title to the Common Properties until such time as
it has completed improvements thereon and until such time as, in
the opinian of the Developer, the Associ4tion is 2�1e to maintain
�he same, but, notwithstanding any provision herein, the Developer
hereby covenants for itself, its successors and assigns that it shall
convey the Co:ranon Properties to the Association not later than eight-
een (18) months £rom a recording of. the plat c.�f LAFAti'ETTE RIDGE.
Section 3. Extent of inembers' e«sements . The rights and ease-
m�nts of enjoyment created hereby and the title of the Association
to the Common Properties shall be subject to ~he following:
a, The right of the Association, as provided in its Articles
and Bylaws , to suspend the enjoyment of rights of any Member
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for any period during �ahich any a,ssessment remains unpaid
and to suspend the said enjoyment of rights for any period
n�t ta excced thirty (30) d3ys and to impose a fine not to
; exceed $10.00 per day for each znfraction of its putli.shed
� r�iles and regulations ; provided, that nothing contained in
+ thts shall be deemed to dnny an owner access to and from his
�� lot located in I.AFAYETTE RIDGE or to deny an owner the right
to utility e3semenrs .
b. The right of the Associatien to dedicate or transfer all
or any part of tne Common Praperties to any public a�ency,
authority, or utility for such purposes and subject to
such conditions as cray be agreed �o by the members, pro-
vided that r�� such dedication or tz�ansfer, determination as
to the purposes or as to the conditions thereof shall t+e
effective �inless an instrument signed by all Members has
been recorded agreeing to such dedication, transfer, purpose
or condition, and unless written notice of the proposed
agreement and action thereunder is sent to every Member at
least ninety (90) d3ys in advance of any action taken; and
c. The ri�hts ef Che City of Oror.o and City of Minnetonka Beach,
Minnesota, to any easement which may be created by indenture
from Developer �r any owners o:E real estate including the
LAFAYETTE RIDGE HQMEOWNERS ASSOCIATION.
ARTICLE V.
Covenants fer Maintenance
�iid Assessments
Section 1. Creation of the lien and persorzl obligation o£
assessments. The Developer for each lot owned by. him wit�in the
properties hereby covenants and each owner of any lot by accept�nce
ef a deed therefor, whether or not it shall be so expressed in ar�y
� . such deed or conveyance, be deemed to covenant and agree to pay
the Associ�tion:
" a. Annual assessments or charges;
b. Special assessments for cagital improvements, such assess-
ments to be fixed, established and collected from time to
ti�ne as he::�inafter provided. The annual and special
assessments, together with such interest therevn and cost
of collection thereof as herei nafter provided, shall be
� c[:arged on each lot and shall be a conti_nuing lien on each
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such lot against which each such assessment is made. Each
. . such assessment, togettler with sucF int�erest thereon and
cost of collection thereof, as hereinafter provided, shall
also be the personal obligation of rhe person who was the
. owner of such property at the time� when the assessment
� fell due.
� � Section 2. Purpose of assessments. The assessments levied by
� the Assuciation shall be ex�lusively for the purpose of promoting
� the health, safety and welfare of the residents in LAFAYETTE RIDGE
;-- and in particular for the impr�vement and maintenance of the Coc�snon
� Froperties including the roads and drive installed on the Common
� Properties to serve the lots in. LAFAYETTE RIDGE �:.0 the maintenance
; � of sanitary sewer and water supply systems i:�stalled for the benefit
� of the lots in LAFAXETTE RIDGE. No assessment may be levied for a
s`. capital impro��ement unless the capital improvement is authorized by `
R - -. all the members of the Association. The expenses assessable shall
- 'include but not be limited to, the payment of taxes, insurance, re-
pair, replacement and additions, and for the cost of labor, equipment,
materials, management and supervision. Any assessment of real estate
. taxes or special asses�ments levied against the Common Properties
� �� � shall be divided equally among the lots and added to the assessments
provided for herein.
Section 3. Basis of annual assessments. The annual a�sessments
�hall be determined by the Board of the Association prior to the
beginning of any operating year, either fiscal or calendar. The
proposed assessments shall be transmitted to each member before the
#irst day of any said operating year. All assessments shall be pay-
able to LAFAY�TTE RIDGE HOMEOWPIERS ASSOCIATION and delivered to the
Treasurer.
Section 4. Special assessments for capital improvement, In
" addition to annual assessments, the Board of Direcbors may, when
authorized b�► all th.P members , in any assessment year levy a special
assessment £or the purpose of defraying in whole vr in part the cost
�- .�' - of any constructioz or unexpected repair or rep�acement of improvement
' upon the common areas, including the necessary fixtures and personal
�< -=�� � - ���pr�perty relate3 thereto. � �
k�' ��, Section 5. Qu�rum. Far the purposes of this section, 60% of
, the members shall constitute a quorum an�3 any action to increase the
# ` .annual assessment or provide for special assessments must reGeive
= the affirmative votes of a simple m,jority of inembers who are voting
k� • -��. - in person or by proxy at a meEcing duly held for such purpose; pro-
vided, however, thaC if the required quorum is not forthcoming at
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any meeting called for the purpose of acting upan a pr�posed increase
o� the annual assessment or a proposed special assessment, another
meeting may be called to be held within 60 day, of the first meeting
subject to the• notice requirements of these Bylaws and the required
quorum at the subsequent meeting shall be one-half ('�) of the required �
quorum at the preceding meeting, ,
Section 6. Date of commencemenC of annual assessments; 4+ae
: date. The assessments provided for herein shall commence on the date
(which shall be the first day o£ a month) �ixed b� the Board of
° Directors ; provided, hawev�r, that the assessments for each Iot upon
which there is no completed living unit shall commence on the first
day of the month subsequent to the date that a living unit i� com- 4,�
pleted on such lot. The first annual assess�nent shall be made pro
rata for the balance of the calendar ye,ar. All assessments shall be >�
paxd, as near as may be, in annual installments. The date of any
special assessment shall l�e fixed by resolut.ion of the members autho- `�
rizing such assessments. The Board of Directors shall fix the date '}
of commencement ,and the amount of the assessment against �ach lot
.for each �a,sessment �eriod at least thirty (30) days in advance of
` 'such date or period and shall at such time prepare a roster of the prop-� -
erties to be kept at the office of the corporation and shall be open '- �
to inspection by any owner. Written notice of the a�sessment shall
the?-eupon be sent to any owner liable therefor. Any owner liable
- . for an assessment may, upon demand, obtain from the cr�r.poration a
certificate, signed by any officer, setting forth ;ahether said assess- ' � '�
ment has been paid. S�uch certificate shall be conclusive evidence
of payment of any assessment stated th erein to have been paid.'
Section 7. Effect of nonpayment of assessments. If assessments
against a lot are not paid when due, such assessments shall hecoae
delinquent and sha1.1, t��gether with interest rhereon, �nd the cost
of collection as herein<<fter provided, become a lien on rhe real
estate in the hands of the member, heir, devisee, represent�tive or �^
assign of said member. Regardless of any transfer of reai estate
subjecr to said lien, th�� member at the time of the. assessment shall
remain personally obligat:ed to the Association for the amount of the ` �
assessment. �
To evidence a lien for sums assessed pursuant to this Article, b�
the Association may prepai-e a written notice of lien setti.ng foreh
the amount of the assessment, the date due, the nmount remaining �
unpaid, the name of the Ow.ner of the iot, the name of. * he person � �
personally obligated to pa�1 the same and description of the lot. � f:
Such a notice sl:all be sigried b}• an officer of the Association and � :_-
may be recorded in the office of the itegistrar of Titles �or Hennepin � :
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County, Minnesota. No notice of lien shall be recorded until there
is a delinquency in payment of the assessment for thirty (,30) days. ���'
Such Iien may be enforced either by judicial foreclasure l�y the
Association in the same manner in which mortgages on real property �
may be foreclosed in Minnesota or by foreclosing the lier� in the
�.
� manner prescribed by Minnesota Statutes for the foreclos�sre of a :
mechanic's lien. In any such foreclosure, the person pe.rsonally � �
obligated to pay the lien shall be required to pay a11 ��osts of f.
foreclosure including reasonable attorneys' fees. All such costs '.�.,�
and expenses �hall be secured by the lien being forecl��sed. The ;
person personally obligated �o pay the lien sha11 alsa be required ::.,�
to pay to the Association any assessments a$ainst the lot which �;
shall become due during the perio d of ferecl.osure. 7.'he Assaciation
�;
shall have the right and power to bid at the foreclosure sale or Q
other legal sale a*�d to acquire, hold, convey, lease, rent, encua�ber, �
use and otherwise deal with the lot as the Owner thereof. The Asso-..
ciation shall upen written request report to any encumbrancer of a �
lot any assessments remaining unpaid for longer than thirty (30) days „�
after the same s.zall have become due; provided, however, that such r;
encumbrancer first shall have farnished to the Association written :�;�
notice of such encumbrance. � `�
"ryT,
Section $. Subordination of lien. The lien of the assessments �
provided for herein shall be subordinate to the lien of any first �
' mortgage and to tax liens and liens for special assessments in favor
of_ any taxing and assessi.ng ureit of gove�nment. Sale or transfer A�
of any lot shall not aifect the assessment lien. Ho�aever, the .'sale �'�
or transfer or acquisition of possession of any lot pursuant to mort- �
gage foreclosure or any proceedin� in lieu thereof shall extinguish , '�
the lien of such assessments as to payments which became due prior ��
to such sale or transfer or acquisition of possession. No such sa�e ` ;�
or transfer or acquisitior. of possession shall relieve a lot from :'.�
� liability for any assessments thereafter becoming due or from the �;� .
lien thereof or shall relieve the person personally obligated,to pay
the lien of personal liability for assessments due prior to such sale �'�
or transfer or acquisition of premises . '�
�;
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Section 9. Exempt property. The following property subject to ��
the declarations referred Co in the Articles of Incorporation shall ��
_ be' exP..mpt from the assessmenC� provided for herei�. �
�
���;
' a. Al1 properties to the extent of an� easement or c�ther inter- �
est th�rein dedicated ar.d accepted by the local public
authority and devoted to public use; , ��
r;VS.
; b. All properties exempted from taxation by the laws of the .�;
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State of Minnesota upon the terms an.d to the extent of
� }' such legal exemption;
-�1 c . All common properties as defined in the declarations
�.�� � referred to in the Articles of Incorporation,
;� . • ,.�<
ARTICLE VI. " � `�
,� Architectural Control Committee �
ti, -
Sec:.ion 1. From and after the completion of construction and �`>;
sale of each lot or, Iiving unit within LAFAYETTE RIDGL, no building,
fence, wall or other structure shall be commenced, erected or ma�.n- "; �:
tained upon such lot, nor sh111 any exteri.or addit:ion to or change {`_
or alteration therein be made until the plans and specifications
showin the nature kind sha e hei ht materials an3 location of ' �`{
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the same shall have been submitted to and approved in writing as to �' ��
. �
harmony of external design and location in relation to surrounding -- _;
- stn�ctures and topography by the Board of Directors of .the Association ` ` �`
or by an. architectural committee composed of three c�r more represen- :;
tativ�s appointed by the Board. In the event said Board ar �its ' . � ' �'
dPsignated committee fail to approve or disapprove such design ,and � ��
. location within 30 days after said plans and specifications have ..`,,4;
" � been�submitted to it or in any event if no suit to en�oin the addi- .�<
''� ` ::tion, alteration or change has been commenced prior to the completion ��,
'� thereof, approval will not be required and this ArticlE�. sha11 be :� ;
�y � deecned to have been fully complied ;�ith. :a����;�
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F.�� ARTICLE VII. :'u'�'�
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Ea s ement s ,�,
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1 ��- Section 1. An easement for i.ngress and egress by pri�•ate street � :.�,;'
as designated on the plat of LAFAYETTE RIDGE as well as for the ���
� ` installation, maintenance, repair, replacement arid remov�al of wat�r, ; ?:
�� - :sewer ' gas, electrical, wells, and all other utilities <<nd services �:��
��.�,. � '
;, � is hereby granted to and res�rved in favor of the Assoc:�ation, upon, - R,
� : = over and` across the Cocmnon Properties., and Developers s!zall rE:peat �� ��
x� .' and "incorporate this easement, by reference, in any deed here�:fter • ,,i
give:n by it conveying said lots or any of them. < _;;
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ARTICLE VIII. ,�;��
Setbacks '� ��
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No Living Unit sh:xll be constructed on any lot within LAFAYETTE Y:
RID�E which is closer than 25 feet to the street servj.cing. the pi•op- `-� ;�
�t.
� erty, nor closer than TU feet to the side boundary lir,es of each
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prop�rCy. Lot 1, Block 3, shall also have a setback of 25 £eet
from Old County Road. There shall specifically be no setb�ck
requirements on the back side of the lot facing the apen s�ace
common area. �
ARTI�ZE IX.
'' ' General Provisions • �
Section 1. Duration. The covenants, restrictions and easements
of this declara*_ion shall run with and bind the land and shall inure
to the henefit of and be enforceable by the Association or the owner
of:any lot subject to this declaration, their respective legal repre-
sentative, heirs, successors and assigns, £or a term of _',0 years from
the date this declaration is recorded, after which time said cove-
nants, restrictions and easements shall be automaticall�� renewed for
successive periods of 10 years. �
The covenants and restrictions of this declaratic�r. may be
amended during the first 20 year period by an instruceent signed
by not less than 100% of the lot owners and thereaft�ar by an instru-
ment signed by not less than 7�'/0 of the lot owners. Any aruendment
must be properly recorded.
. Section 2. Notices. Any notice required to be sent to any
- member or owner under the provisions of this declaration shaZZ be
deemed to have been properly sent when mailed postpaid to tt�e �.ast
�� known address of the person who appears as member or owner on the
r records o� the Association at th� time of such mailing.
� .
- Section 3. Enforcement of these coven:�nts and restrictions
shall be by any proceeding at law or in equity against any person or
persons vioiating or attempting to violate any covenan t or restric-
tion either to restrain violation or to recover damages and ag�inst
the land to enforce any lien created by these �ovenants; and failure
= = � by the Association or by an owner to enforce any covenant or restric-
� tion herein contained shall in no event be deEmed a waiver of the
` right to do so thereafter. �
:K ., . �. ' . � ..
s �- 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. Nuisances. No n�xious or offensive activities shall
be carried on upon any Lvt, nor shall anything be done thereon which
� c�ay be or may become an a�.�noyance or nuisance to the neighborhood.
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Section 6. Li,:estock and Poultry. No animals, livestock or
poul.try of any kind shall be raised, bred or kept in LAFAYETTE
RIDGE except that do�s , cats or• other house�old pets may be kept,
provided that they are not kept, bred or maintained for any comcner-
�"::, cial purpose.
Section �. Garbage and Refuse Disposal. No Lot shall be �
: Lsed or m�intained as a dumping ground for rubbi;;ti. Trash, gar-
s ;i: bage or other waste shali not be kept except in sanitary containers
and no exterior bu�ning of household refuse shall be done. �411
r i_�cinerators or other equipment for the storage or disposal of �
' such materials shall be kept within the ,garage forming a part of '�
`"�� a Living Unit unless othexwise designated by the Architectural Con-
r� . trol Committee. ' �
� . ��,
�'��' Section 8. Temporary Structu�es. No structure of a temporary
�°,� � ., character, trailer, basement , tent , shack, garage or other out-building ��
�� shall be used on any Lot at any time as a residence either temporari-
r�'_+. - . -`~��
ly or permanently.
' . Section 9. S�gns. No signs of any kind shall be displayed to
�,� . the_ public view on any Lot except one professional sign if not mote
r,_
.�<` . than one sauare foot, one sign if not rnore �han five sc;uare feet
'� advertising the property for sale or rent, or sig n� used by the `
'' Declarant to advertise the property during the construction and
�:'� salas period. �.
�,, = �:
,� . Section 1�. Storage. No storage of any kind shall be permitted'
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upon the open space common area. �
r
�'�;, � IN WITNESS WHEREOF, Crosstown t�ssociate� has caused this documenC
. to. be e�,ecuted as of the day and yeaY first written ab�ve.
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CROSSTC34�TN ASSOCIATES, a partnership
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