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DECLARATION OF COVENANTS,
CONDITIONS, EASEMENTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS is made this ;p' day of November, 1995, by
Melamed-Lauer Partners, a Minnesota general partnership, herein
referred to as "Declarant" .
WITNESSETH:
WHEREAS, Declarant is the owner of the real property located
in the City of Orono, County of Hennepin, State of Minnesota
described as:
Lots 1, 2, 3 and 4, Block 1, French Creek Woods,
and desires to create thereon a residential community; and
WHEREAS, Declarant desires to provide for the preservation of
the values and amenities located in said community and, to this
end, desires to subject said real property to covenants,
conditions, easements and restrictions hereinafter set forth, each
and all of which is and are for the benefit of said property and
each owner thereof;
NOW, THEREFORE, Declarant does hereby give notice to all
purchasers and their successors of any lot or lots in said addition
hereinbefore described and whomsoever it may concern that said
addition is, and each and every conveyance of any lot or lots
hereinbefore described in said addition will be subject to the
following covenants, conditions, easements and restrictions:
1. Land Use and Building Tvpe. All lots described above
shall be known as residential lots, and shall not be used or
occupied other than as private, detached, one-family residences.
2. Architectural Control and Approval of Plans. No building
shall be erected, placed, remodeled or permitted to remain on any
lot until the building plan and the plat plan showing:
a. Floor plan of any proposed structures,
b. Site and grading plan, indicating all setbacks,
topography, driveways, patios, pools or other exterior
fixtures proposed, plus finished floor elevations, roof
pitch, exterior elevations and the height of the same
above street and grade level, landscape planting plan,
c. All exterior materials to be used on any proposed
structure, with notations as to type or kind together
with sample color chips of all such exterior materials,
shall have been submitted to and approved by Declarant or its
appointed representatives, successors or assigns. Declarant shall
review all plans properly submitted to it and shall have final
authority, within its sole discretion, to approve or disapprove
any given plan.
Approval or disapproval of remodeling shall be based
principally upon harmony of external design in relation to the
design of the original structure, and location in relationship to
surrounding structures and topography conducive to the development
of a high standard residential community.
All plans shall be submitted in advance of construction and
Declarant, its appointed representatives, successors or assigns
shall have thirty (30) days thereafter in which to review and
approve or disapprove such plans. All such approvals or
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disapprovals shall be in writing. Failure of Declarant, its
appointed representatives, successors or assigns to act within such
time shall constitute approval by them of such plans as submitted.
The authority herein reserved to approve or disapprove
building plans may be delegated in writing by Declarant to such
representatives, successors or assigns of its choosing who shall
exercise such authority in the same manner and subject to the same
conditions hereinbefore set forth. Any such delegation or change
of authority hereunder to a representative, successor and/or
assignee of Declarant shall only be effective when designated by
Declarant in a written, recorded document, and such party shall
thereafter be deemed "Declarant" with all rights contained in this
document.
3. Minimum House Sizes. The square footage of the finished
living area of the main structure shall not be less than 3, 000
square feet.
4. Garages. Any garage erected shall be a part of, attached
to, or connected with the dwelling house, and shall correspond in
style and architecture with such dwelling.
5. Accessory Structures. Accessory structures (which may
be a second garage) shall be permitted, but may be no larger than
a 1,000 square foot footprint and must have an exterior design
which is harmonious with the primary structure and must be approved
by the Declarant in accordance with this Declaration.
6. Prohibitions. The following prohibitions shall be
observed:
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a. No offensive noise and no noxious or offensive
activities shall be carried on upon any lot, nor
shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood.
b. No shedding poplars, box-elder or other
objectionable trees or shrubbery shall be planted.
c. No pre-fab, modular, manufactured nor house of
similar construction shall be permitted.
d. No garage or accessory structure shall be erected
on any lot before the residence thereon is
constructed.
e. No garbage, ashes, refuse or refuse receptacles
shall be placed or left on any lot so as to be
exposed to view or become a nuisance. Storage of
all maintenance equipment, refuse, ash or garbage
containers shall be an integral part of the site
development and relate to the architectural form.
No exposed refuse containers will be permitted. No
on site, unhoused storage will be allowed for excess
materials.
f. No recreational equipment situated upon the lots or
the road adjacent to the lots shall be used for
living, sleeping or housekeeping purposes. And no
infrequently used vehicles, nor recreational
equipment, including, but not limited to,
snowmobiles, boats, trailers, campers, motor homes
or golf carts may be stored on any lot or in the
street in front of any lot for longer than seven (7)
days in any one calendar year unless such item is
completely enclosed in a garage or approved
accessory structure, or unless such recreational
equipment is otherwise totally screened from view
from the other lots within this subdivision and from
the public street.
g. No trailer, basement, tent, shack, garage or any
structure of a temporary character shall be used on
any lot at any time as a temporary or permanent
residence, provided however that this shall not
prohibit the infrequent use of tents by individuals
for overnight camping.
h. No cows, goats, sheep, or any domestic animal,
poultry or fowl of any kind, except cats, dogs or
horses will be permitted to be kept on any part of
the lots. All dogs must be confined to its owner's
lot at all times. If a kennel is desired, it shall
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be an integral part of the site or structure design.
The area shall be adequately fenced, visually
screened, and constructed of material approved by
Declarant prior to construction.
i. No soft coal, except smokeless coal, nor fuel of any
kind giving off black smoke, or strong or obnoxious
odors of any kind, shall be used.
j . Television and radio antennas shall be placed within
the structure and locatedso that they are not
visible from adjacent homes. Television satellite
dishes which are larger than two (2) feet in.
diameter shall be screened from view of the road and
adjacent homes. Short wave radio antennas are
prohibited.
k. No flashing lights shall be allowed and no brilliant
lights shall be located as to infringe on a sight
pattern from an adjacent property.
1. Ornaments, including, but not limited to, precast
concrete, plastic or wood figurines, gazing globes,
wishing wells and windmills shall be prohibited,
unless approved by Declarant prior to installation
or construction.
7. Easements. Easements are reserved for the installation
and maintenance of utilities and for drainage purposes as shown on
the recorded plat of said property.
8. Creation of Buffer/Conservation Areas. It is the desire
of the Declarant and the City of Orono that certain areas of the
property be perpetually maintained as conservation areas to provide
trees, shrubs and natural grass areas as buffers between the homes
on the respective lots, the road and neighboring properties. The
areas so restricted shall be all areas except driveway areas which
are fifty (50) feet in width, adjoining the exterior lot lines,
thirty (30) feet in width, adjoining interior lot lines, and thirty
(30) feet in width on each side of a shared driveway within French
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Creek Woods.
Within those areas, there shall be no grading or other land
alterations and no removal of trees which are two (2) inches or
more in diameter at four (4) feet above the ground (unless said
trees are dead, diseased or a hazard) without first obtaining the
written consent of the City of Orono.
9. Restriction on Undesignated Wetlands. Certain parts of
French Creek Woods constitute protected wetlands but are not
designated as "Wetlands" on City maps. Those areas are legally
described on Exhibit 'A' , pages 1. and 2. and are diagramed on
Exhibit 'A' , page 3. , which are attached hereto and incorporated
herein by reference. Those areas are restricted as follows:
a. No dredged or fill material will be placed within the
areas described on Exhibit 'A' , except as may be formally
permitted pursuant to an Army Corps of Engineer and
Minnehaha Creek Watershed District permits and in
compliance with applicable City of Orono ordinances and
permit requirements, if any.
b. No commercial, industrial, agricultural or residential
developments, structures or buildings shall be allowed
or permitted within the area described on Exhibit 'A' .
c. No lumbering, mowing, drainage, burning, plowing or
filling shall be allowed or conducted within the area
described on Exhibit 'A' , and no domestic cattle, horses,
sheep or livestock shall be kept or grazed in the areas
described on Exhibit 'A' .
d. No filling, dumping, burning, grading, excavating, direct
introduction of untreated storm water, and no mowing or
other vegetation removal shall be allowed without the
written approval of the Army Corps of Engineers and the
City of Orono.
e. Any unauthorized, prohibited activity in the areas
described on Exhibit 'A' by the Declarant, subsequent
property owners or other parties shall constitute a
violation, and the property owner and responsible parties
may be subject to administrative, civil or criminal
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action.
f. This restrictive covenant may be changed, modified or
revoked only upon written approval of the City of Orono
and of the District Director of the Saint Paul District
of the U.S. Army Corps of Engineers, and to be effective,
such approval by the U.S. Army Corps of Engineers must
be witnessed, authenticated and recorded pursuant to the
law of the State of Minnesota.
g. This covenant is made in perpetuity, such that the
present owner and its heirs and assigns shall forever be
bound by the terms and conditions as set forth herein.
10. MAINTENANCE OF DRAINAGE FACILITIES. The Declarant has
constructed, or will construct, certain facilities lying within the
land designated as "Drainage easement" as shown on the plat of
French Creek Woods, for the purpose of allowing for the proper
ponding and drainage of storm water. The owners of the respective
lots upon which those facilities are located shall be obligated to
perpetually maintain those facilities in such a way that they will
fulfill their intended purpose of ponding and drainage in
accordance with the reasonable requirements from time to time
promulgated by the City of Orono.
11. Obligation to Maintain Private Drive. Lots 3 and 4 are
benefitted by an easement over a private drive, owned by the City
of Orono, and said Lots and the owners thereof, their heirs,
representatives, successors and assigns, are charged with the
obligation to share in the maintenance of said private drive
pursuant to that certain Easement Agreement dated Gt•O d' -mbu., (
1995, between Declarant and the City of Orono, which Agreement is
incorporated herein by reference. No owner of Lots 3 or 4 may
avoid their obligation to pay their respective share of the
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the maintenance costs of said drive as described therein, for any
reason without the written consent of the City of Orono.
12 . Driveway Easement and Maintenance Agreement. A perpetual
easement for driveway ingress and egress purposes is hereby
declared for the benefit of Lot 2 over that part of Lot 1 described
as follows:
A thirty (30) foot wide easement lying 15 feet
on each side of the following described center
line:
Beginning at the southwest corner of said Lot
1; thence on an assumed bearing on North 1
degree 58 minutes 35 seconds West along the
West line of said Lot 1 a distance of 96.00
feet; thence South 88 degrees 01 minutes 25
seconds West a distance of 22. 60 feet to the
point of beginning on the centerline being
described; thence North 88 degrees 01 minutes
25 seconds East a distance of 1.50 feet; thence
easterly along a tangential curve concave to
the southwest having a central angle of 60
degrees and radius of 25. 00 feet a distance of
26. 18 feet; thence South 31 degrees 58 minutes
35 seconds East tangent to last said curve a
distance of 52.00 feet; thence easterly along
a tangential curve concave to the northeast
having a central angle of 53 degrees and radius
of 50. 00 feet a distance of 46.25 feet; thence
South 84 degrees 58 minutes 35 seconds East
tangent to last said curve a distance of 135. 00
feet; thence easterly along a tangential curve
concave to the south having a central angle of
37 degrees and radius of 50.00 feet a distance
of 32.29 feet; thence South 47 degrees 58
minutes 35 seconds East tangent to last said
curve to the southerly line of said Lot 1, and
said centerline then ending.
A diagram depicting the easement area is attached as Exhibit
'B' and is incorporated herein by reference.
Said driveway shall be used as a driveway jointly by the
owners of Lot 2 and Lot 1, and the costs of maintenance shall be
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shared equally. "Maintenance" shall include plowing, grading, weed
control and all other work normally associated with maintaining a
quality residential driveway; and if the owners of said Lots 1 and
2 both agree to construct an asphalt surface, "maintenance" shall
include asphalt patching, seal coating and replacement as may be
reasonably required.
A perpetual easement for driveway ingress and egress purposes
is hereby declared for the benefit of Lot 4 over that part of Lot
3 described as follows:
The South 120.00 feet of the East 30.00 feet
thereof.
A diagram depicting the easement area is attached as Exhibit
'C' and incorporated herein by reference.
Said driveway shall be used as a driveway jointly by the
owners of Lot 4 and Lot 3, and the costs of maintenance shall be
shared equally. "Maintenance" shall include plowing, grading, weed
control and all other work normally associated with maintaining a
quality residential driveway; and if the owners of said Lots 3 and
4 both agree to construct an asphalt surface, "maintenance" shall
include asphalt patching, seal coating and replacement as may be
reasonably required.
Disputes arising under this section 11. shall be settled in
arbitration according to the Rule then in effect of the American
Arbitration Association.
13. Duration. The foregoing covenants, conditions, easements
and restrictions shall run with the land and be a servitude
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thereon, and shall be binding and obligatory upon all purchasers
of any lot or lots in said addition and upon their representatives,
heirs, assigns and successors in interest, and unless separate
paragraphs provide for a longer period of time, they shall remain
in full force and effect for thirty (30) years from the date hereof
and thereafter for successive periods of ten (10) years, unless and
until an amendment executed by owners and encumbrancers
representing three (3) of the four (4) lots subject to this
Declaration resolve in writing to amend this Declaration.
14. Enforcement and Injunctive Relief. Except for paragraph
no. 11, enforcement of these covenants, conditions, easements and
restrictions shall be by proceedings at law or equity against any
person or persons violating or attempting to violate any provisions
thereof, either to restrain violation or to recover damages, or
both. The prevailing party in such an action shall be entitled to
recover expenses and reasonable attorney's fees from the non-
prevailing party.
15. Invalidation. Invalidation of any one of these
covenants, conditions, easements and restrictions by judgment or
court order shall in no way affect any other of these covenants,
conditions, easements and restrictions which shall remain in full
force and effect.
Mel =d-Lauer P-r n= s, a
Min. s;to •ar •ersh'
I it
By: L�� I ►L L_ /I
1=r
BY: .
a •artner
10
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 'N
day of November, 1995 by Robert Melamed and Ronald D. Lauer the
partners of Melamed-Lauer Partners, a general partnership under the
laws of the state of Minnesota on behalf of the partnership.
Notary Publ/
i
s TAMMY L.WISKOW
V; NOTARYHENNEPIN COUNT
My Comm.Expires Jon.31.
THIS INSTRUMENT WAS DRAFTED BY:
James D. MacKinnon
1055 East Wayzata Boulevard
Suite 300
Wayzata, Minnesota 55391
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EXHIBIT 'A'
TO DECLARATION OF COVENANTS, CONDITIONS,
EASEMENT AND RESTRICTIONS
FOR
FRENCH CREEK WOODS
(Page 1 of 2)
That part of Lot 1, Block 1, French Creek Woods, described as
follows: Commencing at the northeast corner of said Lot 1; thence
on an assumed bearing of West along the north line of said Lot 1
. a distance of 560.00 feet to the point of beginning of the easement
being described; thence South 20 degrees West a distance of 25.00
feet; thence South 65 degrees West a distance of 60.00 feet; thence
North 55 degrees West to said north line of Lot 1; thence east
along said north line to the point of beginning.
Also that part of said Lot 1 described as follows: Commencing at
the southwest corner of said Lot 1; thence on an assumed bearing
of East along the south line of said Lot 1 a distance of 50.00 feet
to the point of beginning of the easement being described; thence
North 23 degrees East a distance of 50.00 feet; thence North 2
degrees East a distance of 60 feet; thence North 6 degrees East a
distance of 65. 00 feet; thence South 85 degrees East a distance of
80.00 feet; thence South 25 degrees East a distance of 25.00 feet;
thence South 10 degrees West a distance of 75.00 feet; thence South
65 degrees West a distance of 62.00 feet; thence southerly to a
point on said south line of Lot 1 distant 35.00 feet East of the
point of beginning; thence on a bearing of West along said south
line to the point of beginning.
That part of Lot 2, Block 1, French Creek Woods described as
follows: Commencing at the northwest corner of said Lot 2; thence
on an assumed bearing of East along the north line of said Lot 2
a distance of 50.00 feet to the point of beginning of the easement
being described; thence South 18 degrees West a distance of 50.00
feet; thence South 5 degrees East a distance of 150.00 feet; thence
South 25 degrees West to the west line of said Lot 2; thence
southerly along said west line to the southwest corner of said Lot
2; thence easterly along the south line of said Lot 2 a distance
of 70.00 feet; thence North 10 degrees West a distance of 50.00
feet; thence North 45 degrees West a distance of 55. 00 feet; thence
North 8 degrees West a distance of 65. 00 feet; thence northerly to
a point on said north line of Lot 2 distant 35. 00 feet East of the
point of beginning, thence on a bearing of West along said north
line to the point of beginning.
EXHIBIT 'A'
TO DECLARATION OF COVENANTS, CONDITIONS,
EASEMENT AND RESTRICTIONS
FOR
FRENCH CREEK WOODS
(Page 2 of 3)
Also that part of said Lot 2 described as follows: commencing at
the southwest corner of said Lot 2; thence on an assumed bearing
of East along the south line of said Lot 2 a distance of 175.00
feet; thence North 5 degrees East a distance of 95.00 feet to the
point of beginning of the easement being described; thence
continuing North 5 degrees East a distance of 40.00 feet thence
North 60 degrees East a distance of 62.00 feet; thence South 45
degrees East a distance of 15.00 feet; thence South 10 degrees East
a distance of 15.00 feet; thence South 35 degrees West a distance
of 35.00 feet; thence South 20 degrees West a distance of 25.00
feet; thence South 75 degrees West a distance of 15.00 feet; thence
northwesterly to the point of beginning.
That part of Lot 3, Block 1, French Creek Woods which lies westerly
of a line drawn from a point on the north line of said Lot 3
distant 70.00 feet easterly, as measured along said north line,
from the northwest corner of said Lot 3 to a point on the westerly
line of said Lot 3 distant 80.00 feet southerly as measured along
said westerly line, from said northwest corner.
EXHIBIT 'A' •
TO DECLARATION OF COVENANTS, CONDITIONS,
EASEMENT AND RESTRICTIONS
FOR
FRENCH CREEK WOODS
(Page 3 of 3)
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TO DECLARATION OF COVENANTS, CONDITIONS,
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FOR
FRENCH CREEK WOODS
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EXHIBIT 'C'
TO DECLARATION OF:. COVENANTS, CONDITIONS,
EASEMENT AND RESTRICTIONS
FOR
FRENCH CREEK WOODS
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