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HomeMy WebLinkAboutDeclaration/covenanta,condit/restrictions ��� `; '/'11�F►f �I Y GKfrA�S , ���'�� �1 #�..� -� � D�CLAxATION OF COVB1QAliTS, CONDITIOI�S AND BBSTBICTIONS - THIS DECLARATION, made May 1 , 1986, by Mary B. Phillips and Pau1 �8. Phillips, o�+ness, (hereinafter referred to as "the Declarant"). � WITNBSSBTH: The Declarant is the owaer of property aithin tbe Cities of Medina and Orono, gennepin County, Minnesota, platted and legally deacribed as Phillips' Woodland Terrace, according to the plat thereof on file and of record in the office of the Recorder ia aad for said County. The Declaraat now desires to subject all of Phillips Woodland Terrace eacept Outlots A, B, C, and D, Block 1, , to certain conditiona', restrictions, reservations and coveaante for the benefit � . thereof a�ad its present and future oNaers. NO�W, THERELF08E, the Declarant hereby declares, imposes upon, and makes all of Phillips` Woodland Terrace, eacept Outlots A, B, C, and D, Block 1, subject to the following coaditions, restrictions, reservations, and crnrenants Which shall iaure to the benefit of and run With the Property, and shall apply to and bind the present and future owaers of each and every I.ot thereof. • ARTICLE I — DEFIPITIONS Accessory Building. Detached garagea, dog kennels, borse barns, patios, swimming pools, dressing rooms for sWimming pools, separate g�est houae aithout ..,'', kitchea, separate servants' quarters without �itchen, and other buildiags cus- tomarily used in connection with a single fanily resid"ettce. � � 7 _1_ � 4 �� e�i . i . � . t . � • � • . Approval. All approvals requested by aa Owner of a Lot and granted per- suant to this instrument. Building Site. A Lot eatablished by the recorded plat or the conbinstion of tao or more Lota or porti.ons thereof as approved by Declarant aad coaveyed to ' any oae Ovner. Cavenants. This Declaration and the proviaiona contained in it. Declaraut. M$ry B. Pbillips and Paul R. Phillipa, or either as sole aurvivor. Declaration. This Declaration aad other declarationa that at any time or froa time to time may affect all or any part of the Property sa the same may be amended fro� time to time as herein provided. . Supplemeataryr Declaration. Any Declaratioa of Covenants, Conditions and Restrictions which map be recorded by Declarant, such right being herein retained by Declarant, which: (1) supplemeats the provisions of this Declaration as to the Property or any portioa thereof and which nay contain sdditions, s�endmeats and modifications to the Declaration, and (2) subjects additiaaal property to tbis Declaration in accordance with Aricle II hereof. The term "Declaration" ahenever utilized herein shall include any supplementary declarations to the exteat applicable. Lot. Each area, parcel or property deaignated as a I.ot ia tbe Property or established by the combination of two or more Lots. . O�aer. The record oWner, vhether one or more persons or entitiee, of e fee � simple title to any Lot �hich is a part of the Property, includiag contract for deed vendees or purchase money mortgagors, but ezcluding contract for deed vendora, purchase money mortgagees, or othezs whose oaly intereat in said Property ia security for the performance of an obligation. If more than one persoin has such title, all such persotss are referred to collective�l,y as "Owaer" ' — 2 — �* and ahall exercise their rights as an Owner through auch one of them as they may designate from time to time. Notwithstanding any applicable theory relating to mortgagea, deeda of truat� or other liens or encumbrancea upon any auch Property, "Owner" shall not include or refer to a mortgagee, beneficiary of a deed of trust, or lien holder unless and until such party has acquired title pursuant to foreclosure or applicable legal procedure in lieu of foreclosure. Plat. The area subdivided as Phillips' Woodland Terrace, according to the plat thereof on file and of record in the office of the Hennepin County, Minnesota, Recorder: Propertq. Lots of properties within the Plat of Phillips' Woodland Terrace that are subject to this Declaration and any additions thereto as may hereafter ' be brought hereunder by Supplementary Declaration. Site. Any parcel of land conveyed to any one owner for single family residence purposes, whether a single platted Lot or more than a single Lot. Structure. Anq thing or device other than trees and landscaping, the � placement of which upon any Lot or Building Site might affect its architectural appearance, including, by way of illustration and not limitation, any dwelling, building, garage, porch, shed, kennel, stable, greenhouse, driveway, walk, patio, swimming pool, tennis court, wall or outdoor lighting structure. Structure shall also mean an excavation or fill, the volume of which eaceeds five (5) cubic yards or any excavation, fill, ditch, diversion dam, or other thing or device which affects or alters the aatural flow of surface waters upon or across anq Lot or which affects or slters the flow of any waters in any natural or artificial stream, wash or drainage way upon or across any Lot. -3- •• • i ABTICLB II - ADDITIONAt. PBOPERtlf WHICH . �y �� gpEJgC? TO T8I8 DSCLARA?ION , ....„. ... . 1. Declaraat sball ha�►e tbe r3,�he but shall be under no oblisatian to bring additianal or contignoas propesties within tbis Declaration aad ,ate such propertiea subject hereto by filiag and recordin� a Sappleeeatal Declaration vith respect tbereto.� The fil3ng and tecordit� of s 8upplesental Declaration aill e:tead tbe pravisions of thsse Cavenants to such additioaal properties. 2. 111thongb reseswing the right to include additional properties vithia the acope of tbese Cavensnts, the Declarant aatces no co■mitme�t thst any sddi- tional properties rill be so. included. � 3.' Outlot A shall re�ain the property of Declarant and subject to paragraph 1 abave. . ASTICLB III - PEBirlITTSD OSBS 1. Ao Lot or Buildin,� Site, as berein defined, shall be used ezcept for private, o�aer-occupied, or leased, residential �wrposea; and no structure sball be commenced, erected, altered, placed or peraitted to remain on aay Lot euept s single faaily d�elling, not�to exceed t�o (2) stories in beight, a tenni� court, a s�ri�ming pool, and one horse barn in accordance vitb City Ordinancea, aad those Accessory Buildinga or Stracturas approved by Declarant. Bacb daelling shall have an attached garage for not fewer than two nor more tban three (3) auto'obile�, the exterior of �rh�ch will be constructed of the saue �aterial used or to be used on the exterior of the maia d�relling boase, and there ahall be on.0ite paricing �paces to acc�modate at least t�ro cars. po trailer, trailer ho�e, �obile ho�e, �otor bame, bus, � trnck, teat,. csmping quarters, or sny teaporary strnctnre sball be._placed on _ any Lot at aay ti�e; no aore than one operable automobile (and no inoperable- � -4- � . � .autosobiles) ,ay be parked outside continuonsl�; and no other Strncture say be placed on any Bailding Site before c�pletian of tbs dae113ag npon a Lot or Building Site ezcept with the approval of Declaraat. . 2. All construction shall be ae�r. Ho building previously used at anotber locatioa nor aay building or strncture originally constrncted u a aobile dNelling or structure aay be aoved onto a Lot or Bnildio= Site. 3. All Buildiags or other 8tractnrea irill confors to the folloviag basic standards: � a. Hei�ht of Structares. Heigbt restrictions Mill be as set forth elaewhere ia thia Article III. _ . b. F1oor Space and Per�itted IIses. Floor space and per0itted . nses pill be as set forth elsewbere in this Article III. c. Color. The color of ezternal aaterials Nill be �enerally � snbdued to�blead vitb the colors of the natural landscape. Sarth tonea, generally �uted, are recomended, aithough occasionally accent colors. used judicioualy aad with reatraint say be permitted. d. Materisl� — Bzterior Snrfacea. 8zterior surfacea should be generally of natural materiala tbat blend and are co�patible with the nataral laadscape. " e• ltoofs• No �aazimuv or miaimum pitch are apecified, but . consideration �st be given to the viaual iupact .of the roof on the Lot or on neighboring Lot: and drelliaga 8ad its overall appearance. . � . f. Building. Projections. All projections iacludiag, but aot limited to,. chimey flnes, venta, guttere,. do�raspouts, atility bozes, porches, railings, and eaterior stairvays sl�all uatch the color of � � • the eurface from vhich� they project. . � � . • -5- g. Site Drainage aad Grading. Site drainage and grading will � be doae vitb minimu� disruption to the Lot and ahall not drain to adjoining Lote, nor cause a condition that could lend to soil erosion. h. Paved Areas. Hard-surfaced private drive�ays end pArking aress are encouraged. If non-hard surfaced driverays and parking areas are used� appropriete measures to coatain edges and control erosion and washouts must be taken. i. Culverts. Driveaay culverts, if required, aill be apprrnred and will be installed by the Owaer at Owner's expense, subject to city drivevay permit require�nts. j. Garage Doors. Visual impact of garage doora vill be mini- mized bq sucb measures as, but not li�mited to, situs of the D�+elling, protective overhangs or projectiona, special door facing materials or design, aad/or landacaping. k. Foundatioa Wall. Any ezposed foundation wall of block materisl shall be pargeted. 1. Exterior Air Conditi,onipg Conden8ers. All eaterior mechan- ical equipment shall .be either incorporated iato the rnrerall form of the dwelling house or be permanently enclosed :o as not to be visible from other Lots or roads. �. Accessory Structarea. Accessory structures permitted by these Covenants spall be architecturally conpatible witb the dwell- ing house. Chain lint fences will not be permitted if tbey are visible fron other Lots or roada. Al1 pasture fencea will be of a sinilar appearaace vith woodea posta aad split rails. Any ather variations aust have prior approval by the Declarant _ - 6 - • n. Exterior Lighting. Exterior lighting that ia subdued and does not attract attention may be used for sucb purposes as ill woinat- ' r` ing entrances, dtiveways and parkin� areas. � �. o. Laadscaping. Landscaping will enhance the appearance oE . a Lot. In additio�, the intent of the Declarant is to: 1. Hinimize diaruption from grad ing; • � 2. Revegetate and restore grouad cover� for erosion and appearance reasona. 3. Sncourage the use of indigenoue apeciea and plant material; 4. Select man-made elements that blend and are com- patible with the land. p. Fireplaces. Proximit' of trees to fireplaces and fluea should be carefully considered so that trees and branches are not sub- jected to eacessive heat and so that fire hazards are not created. q. Style aad Qnality. There is ao mandatorq "style" of archi- tecture. The only conatant is quality and harmony�with the particu- lar Lot and general landscape. Dvellings with an unfinished appear- ance or rugged cabin fiaiah or design shall not be permitted. "A" frame type structurea or d�rellings on stilts will not be permitted. 4. No nozious, noisey or other offensive activities shall be conducted oa any Lot, aor shall anything be done thereon which may be or become aa annoyance or nuisance to other Owaers or tc� ihe Declarsat. 5. All usea shall caaplp wiFh the Zoniag Code, Building Code, and other applicable land use and city regulations and said regulations shall govera if incoasistent here�ith to the extent �actually incoasistent. If not inconsistent . - 7 -- ✓ bereaith, the standards herein conta'ined shall be considered as require�ente in addition to said regulatioas. � ' 6. Ro sign of any kiad �ball be placed on any lot, except thet one "for �<: sale" sign may be placed on any Lot. 7. lio animals, birds, or insects ahall be kept .on any Lot or Building Site except horses, dogs, cats and other household pets, P80VIDSD that they are not kept, bred or •maintained for commercial purposes. Iio outside dog kenaels �ill be permitted. No more than four horses aad two dogs will be permitted on any lot or buildiag site. No repetitive barking by doga vill be permitted. 8. All on-eite utility connection facilities and servicea shall be underground. Clothes lines shall be hidden fron vieW. 9. No shedding poplars, box-elders or other objectionable trees or shrub- bery shall be plaated. 10. No profession or home industry shall be conducted on any Lot or in any dwelling house without the specific writtea approval of the city ac►d in confor- mance to its ordinance. 11. All else herein notwithstanding, any Lot may be used for a model bome with custonarq signs during the sales period. 12. lio bulding materials shall be stored on any lot, eacept temporarily during continuous coastruction of a building or its alteration or improvement. 13. A structure shall not be occupied ia the course of original construc- tion until substantially completed. All construction activity sball be prose- cuted diligently and continuously from the time of co�encement until completed. 14. The exterior of all buildings or other Structure� must be completed within oae (1) year after the co�encemeat of construction except �here such completion ia impossible due to strites, fires, national emtrgeacy or natural - 8 - . calamities. If not so completed, or if conetrnction shall cease for a period of �3 aizty (60) days Nithout permiseion of Declarant, the unfiniehed structure or ��� unfinished portion thereof shall be deemed a nuisance and may be forthwith �Y removed by Declarant at the cost of the Owner. 15. Tbe groand floor area of the sain atructure, excluaive of decks, patios, or .open porches and garages, shall not be less than two tbousand square feet (2,000 square feet) for a one stor� dwelling .nor less thap tNelve hundred square feet (1,200 sq. ft.) for a d�elling of �ore than one :atory; and tbe height overall of such dwelling sball not eaceed thirty feet (30') froa existing site grade to ridge of roof or parspet wall. ARTICLE IV - ENFORCEI�AIT 1. Bnforcement of these Covenants shall be by any proceeding at law or in equity against aay person or persotna violating or attempting to violate anq covenant or restrictioa, either to restrain violation or to recover damages; and failure by tbe Declarant or any OWner to enforce aay of the same shall ia no event be deemed a waiver of the right to do so thereafter. . 2. These covenents, conditions and reservations may be enforced as pro- vided herein by the Declarant's acting for itself, or as Trustee on b�hslf of all of the OWners of Lots. Each O�aer by acquiriag an interest in the Property appoints irrevocably the Declarant ss his atto�ey-in-fact for such purposes; PxOVIDED, hoNever, that if a Lot Owner notif�e�} Declarant in Writing of a claimed violation of these covenants, conditioas snd restrictions and Declarant fails to act vithin thirtq (30) days after receipt .of such notification, then, and in that event, onlp an O�vner may separstely, at his owa cost aad expense, _ 9 _ . enforce these covenants, coaditiona and. restrictione as herein provided. Opon the death of Declarant these Covenants may be enforced by any Oaner. 3. Violation of any coveaant herein contained shall give to the Declarant � the right to enter upon ths portion of the property vherein said violation or breach exists and to sumiarily abate and remove at the expense of the Ovner aay structure, thing, or condition that may be or exista thereon contrary to the intent and arcaning of the provisions hereof, or to prosecute a proce�ding at law or in equity againat the person or persons who have violated or are attempt ing to violste any of these covenant, to en3oin or prevent them froa doing ao, to cause said violation to be remedfed, or to recover damages for said viola- tion. 4. Every violation of these covenants or atiq part thereof is hereby declared to be and to constitute a nuisance, and every public or private remedy alloi►ed therefor by law or equitq agaiast an Oaner, shall be applicable agaiast every such violation and 'aq be exercised by Declarant or Owaer pursuant hereto. 5. In eny legal or equitable proceediag for the enforcenent or to restraic the violation of this Declaration or any provieion of this Declaratioa or aay provision hereof, tbe losing party or parties shall pay the reasonable attor- ney's fees of the prevailing party or parties in the amount a8 may be fiaed by the Court in sach proceedings. 6. All remedies provided herein or at lav or in equity shall be cumulativ and not ezclusive. 7. The failure of the Declarant to eaforce any of the Covenauts herein -contained shall in � event be deemed to be a waiver of tbe rigbt to do so for subsequent violatioas or of the right to enforce aay other covenanta, and Declarsnt sball not be liable therefor. � - - 10 - ARTICLE D�- MISCELLANEOUS _�r` 1• Duration, Snccession, and Benefit. The conditions, restrictions, y - reservation� and covenants of thia Declaration (Covenants) aball run with and � biad the land and shall inure to the benefit of and be enforceable by the owner of any Lot subject to this Declaration, their respective legal representativea, heirs, auccessors and assigns for s term of taenty (2Q) ye8=g from t6e date of this Declaratioa, after ahich time said Covenants sball be automatically reaewed for succeasive periods of ten (10) yeara each, unless an iastrument signed by fifty percent (SOX) or more of the Owners of all Lota in Phillips' Woodland Terrace if after the death of Declaraat or aeventy percent (70X) of sucb owners if before the death of Declarant has been recorded, agreeing to change these Cavenants, in whole or in psrt. ' 2. Notices. Any notice required to be sent .to aay Owner under the provi- sions of this Declaration shall be deemed to have beea properly sent vhen msiled, postpaid, to the last known address of said OwAer, 3• Aman_ d,.,_ m_ ents• During the lifetime of Declarant, these Covenants may be amended by aa instrument sigaed by not lesa than seventy percent (70x) of the Owners of all Lots in Phillips Woodlsnd Terrace. Upon the death of Declarants ffiendments of these Crnrenants, may be made by conaeat of fifty percent (50x) or more of the O�mera of sll Lots in Phillips �loodland Terrace. Any amendment must be properly recorded. 4• Approti►al. Declarant or approving Owner shall have the rigbt to require eny Owner seekiag approval hereunder to submit auch plans, specifications, or other documentation as Declsrant may deem aeceseary or snfficieat ia order to determine�vhether or not to grant approval requeated by such OWner. IIpon the - 11 - death of Declerants approvals required by these Covenants may be made by consent. of fifty percent (SOZ) or �re of the Oanera of all I,.ot's in Phillips Woodland Terrace. • 5. Severability. Invalidation of any of the provisions herein by judgment or court order ahall not affect any otber provisiaas whicb shall remain in full force and effect until the date of eapiration bereunder. 6. Other. I�iords used herein, regardless of number or gender, shall be deemed and construed to include any other number, singular or plural, and any other gender, mssculine, feminine, or neuter ss •the context requires. IN �1ITNE33 W�BREOF, the Declarant hae caused this Declaration to be executed as of the date first above written. . � By - Mary B hillips . By � • � Paul 8. P illips - 12 - INDIVIDUAL ACKNOWi.EDC,�tENT ' �'', STATB OF MINHSSOTA ) ) ss. -'`'".,�� COUNTY OF NGh h e�:h ) On this �st day of /17a , 1986, before me persoaally appeared M e.v.� ti� � �'�-t to me 1�no+rn to be the person deacribed in and who ezecuted the foregoing ' d}y�la vat:or , and acknoi►ledged that he/she eaecuted the eame as b�Y ___ free act and deed. � �y JUDITH TURhEp �� NOTARY PUBLIC—�.:IFJl�tESO'A t8ry publ ic HENNEPIN COUNTY �„n�,,:,, County, Kinnesota Mr conwniaion Exo��es� xZ.,000 IAD IV IDOAI. ACKNOiiLEDGrIB1�T STATB OF MII�SOTA ) ) as. com�rY oF Nen�eP:�+ � On this !bf- day of , 1986, before me peraonally appeared Pcr a. 1 R ' I / �.a.s to � knoaa to be the persoa described in and vho ezecuted the foregoing ,�a�/a rnxt�o.� , and ackao�ledged �hat be/she ezecuted tbe same as �;� free act and deed. s�"""''�. JUDITH T�M`� ' � po ry Public , .�.� MOTARy p�,Jg��C_G�,h,�,�orA /-�en�aeP•'„ County, Minaeeota '�:. � HENNEPIN COUNTY - •�My Canmiss�FaOin�y Aug Z2 79D�