HomeMy WebLinkAbout1682w
%4
DECLARATION OF RESTRICTIONS
AND 1ROTECTIVE COVENANTS
THIS DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, made
this 3AJ- day of 1972, by YORKTO1,1N INVESTMENT CO., INC.,
a Minnesota corporation, CI ACIER SAND AND GRAVEL COMPANY, a Minnesota cor-
poration, and GEORGE J. ALLAH and VIRGINIA L. ABLAH, husband and wife,
(hereinafter together called "Owners ") ,
WITNESSETH THAT:
WHEREAS, Owners are the owners of certain real estate situate
in the Village of Edina, Hennepin County, Minnesota, described as follows:
Lots 1, 2, 3, 4 and 5, Block 1; Lot 1, Block 2; Lots 1, 2
and 3, Block 3; Lot 1, Block 4; Lot 1, Block 5; Lots 1, 2,
3 and 4, Block 6; and Lots 1, 2 and 3, Block 7, all in York-
town, according to the recorded plat thereof, Hennepin
County, Minnesota,
(hereinafter called the "Yorktown Lots "); and
WHEREAS, Owners desire to provide for the proper and orderly
development and improvement of the plat of Yorktown pursuant to Owners'
plans therefor, and to enhance and protect the value of the property within
the plat of Yorktown and said development thereof.
NOW, THEREFORE, Owners do hereby impose upon each of the York-
town Lots, and each of the Yorktown Lots are hereby made subject to, the
foil -owing covenants and restrictions, which shall operate as equitable
restrictions and covenants passing with the title to each Yorktown Lot,
and shall apply to and bind each and every present and future owner,
occupier and encumbrancer thereof, to -wit:
1. All ground areas within a Yorktown Lot, not devoted to
buildings, drives, parking, si_dewal.ks or like uses,
shall be landscaped with grass, shrubs, trees and
other ornamental landscape materials. All landscaped
areas shall be kept neat and clean. No ].andscapecl
area
shall be used for the parking of vehicles 017 the
1971 AND PRIOR TAXES PAID
Dept. Fin Henn. CQ.
MAY
storage or display of materials, supplies or merchandise.
if such Yorktown Lot adjoins any one or more of Outlots
A, B, C or D, said plat of Yorktown (hereinafter called
the "Outlots ") , then, to protect the amenities of the
Outlots and to insure compatibility with the landscaping
on the Outlots, the landscaping plans for the first landscap-
ing to be done on that Yorktown Lot after filing and record-
ing of this declaration shall be first approved by the then
owner of the adjoining Outlots and that Yorktown Lot shall
then be landscaped pursuant to such approved plans.
2. No free standing signs or advertising of any kind whatsoever
shall be constructed or maintained upon Lot 2, Block 1, Lot
S, Block 1, Lot 1, Block 2, Lot 1, Block 6, Lot 2, Block 6,
and Lot 2, Block 7, said plat of Yorktown, within 100 feet
of the right -of -way for France Avenue or York Avenue, except
signs solely for traffic direction and not containing the
name, symbol or logo of any business or use on any Yorktown Lot.
3. No signs, advertising or displays, of any kind, shall be
constructed or maintained on the top of any building on any
Yorktown Lot, or on the top or side of any other structure
(other than a building) on any Yorktown Lot.
4. Only restaurants which are designed for customers to sit
down to order and to eat shall be constructed and maintained
on any Yorktown Lot; provided, however, that this restriction
shall not apply to restaurants which are operated as a
department or division, and as an ancillary use, in a
building not designed or used primarily for the operation
of a restaurant.
S. The following Yorktown Lots shall be subject to the covenants
and restrict_ioiis below set out in addition to the other
-2-
f
covenants and restrictions herein contained and applicable
to the respective Yorktown Lots:
a) Lot 1, Block 2:
i) No driveway or parking area shall be constructed or
maintained closer than 35 feet to the sides or front
of any building located upon the lot, except for
driveways along the sides of a building used to pick
up merchandise purchased from the business operation
on the lot, and except for maneuvering space on the
sides of a building for trucks to load and unload;
ii) No goods, equipment or property of any kind shall
be stored on the lot outside of any building except
merchandise of a type customarily displayed outdoors
such as garden supplies and Christmas trees, and then
such storage shall only be upon the 35 foot strip
required at subparagraph i) above;
iii) Only one building shall be constructed or placed on
the lot at any one time;
iv) All loading docks shall be totally enclosed and within
the building on the lot;
v) All parking rows in parking areas upon the lot shall be
identified and separated by permanent parking barriers,
and at the end of each parking row the barrier shall be
at least six inches high and twenty feet long and shall
have an average width of at least four feet.
b) Lot 2 and Lot 3, Block 3:
i) Buildings on Lot 2 or Lot 3 shall not be Less than 6,
nor more than 1.5, stories in height;
-3-
It
ii) Buildings on Lot 2 or Lot 3 shall not cover more than
15% of the area of the lot on which the building is
situated;
iii) Buildings, parking areas, driveways and other hard
surfaced, non - vegetative areas on the lot shall not
cover, in the aggregate, more than 60% of the area
of the lot on which they are situated.
c) Lot 4, Block 6:
i) All buildings on the lot containing dwelling units
shall be four stories in height;
ii) Buildings, parking areas, driveways and other hard
surfaced, non - vegetative areas on the lot shall not
cover, in the aggregate, more than 60% of the area
of the lot.
d) Lot 2, Block 7:
i) All parking rows in parking areas upon the lot shall
be identified and separated by permanent parking
barriers, and at the end of each parking row the barrier
shall be at least six inches high, and twenty feet long
and shall have an average width of at least four feet.
ii) All loading docks shall be totally enclosed within
a building on the lot.
6. No commercial, residential or other building shall be constructed
upon any Yorktown Lot unless the proposed use of that Yorktown
Lot, at the time the building permit is issued for the build-
ing to be constructed upon that lot, does not generate more
trip ends, as determined by the table set out on Exhihit A
attached hereto and hereby made a part hereof, than set out
below for the respective Yorktown Lots:
-4-
Lot
Block
.Maximum Tri_R T�.nds
1
1
300
2
1
1,492
3
1
738
4
1
322
5
1
420
1
2
12,760
1
3
690
2
3
1,725
3
3
1,725
1
4
1,220
1
5
980
1
6
257
2
6
1,167
3
6
743
4
6
3,710
1
7
485
2
7
6,050
3
7
2,026
The trip ends generated by any proposed use not listed on said
Exhibit A shall be determined by a traffic engineer mutually
acceptable to Owners and the Village of Edina. The expense
of making such determination shall be paid for by the owner of
the Yorktown Lot requesting the proposed use. For purposes of
determining the trip ends generated by any proposed use not
listed on said Exhibit A, a trip end shall be defined as each
origination from or destination at the Yorktown Lot under con-
sideration of a vehicular trip made due to the proposed use.
The covenant and restriction contained in this paragraph 6
regarding the maximum trip ends for any Yorktown Lot shall
terminate as to that Yorktown Lot at the time of issuance of a
certificate of occupancy by the Village of Edina for the first
building constructed upon that lot after the filing and re-
cording of this declaration pursuant to plans and specifi-
cations for which a building permit was issued. Owners
shall have the right to reallocate and change the maximum
trip ends assigned to the respective Yorktown Lots by the
foregoing provisions of this paragraph 6; provided, however,
that the aggregate number of trip ends for all Yorktown Lots
shall not, in any event:, exceed 36,810; and piov�ided further,
-5-
however, that no reallocation or change shall be made as to Lot
2 and Lot 3, Block 3, Lot 1, Block 4, Lot 1, Block 5 and Lot 4,
Block 6.
7. All Yorktown Lots shall be subject to all applicable statutes
and ordinances now or hereafter enacted or existing and such
statutes and ordinances shall be effective as to the Yorktown
Lots even though more restrictive than or in addition to the
covenants and restrictions herein contained.
8. The covenants and restrictions herein contained may be re-
leased only by the Village of Edina and may be released as to
any one or more of the Yorktown Lots by the Village of Edina,
at any time and from time to time, by its sole act. Any such
release shall be made or done by resolution of the Edina Village
Council and shall be effective only upon the recording of such
resolution in the same office in which this instrument has been
recorded.
9. If any provision of this instrument is for any reason held
to be invalid or unenforceable as to any Yorktown Lot, or
any person or circumstance, the application of such provision
to Yorktown Lots, or to persons or circumstances, other than
those as to which it shall be held invalid and unenforceable,
shall not be affected thereby, and all provisions of this
instrument, in all other respects, shall remain in full
force and effect and be valid and enforceable.
10. Each present and future owner of a Yorktown Lot shall
insert in each deed and conveyance made by him or it of any
and all Yorktown Lots, all restrictions and covenants herein
contained applicable to that Yorktown Lot; provided, however,
that these restrictions and covenants shall be deemed to be
incorporated in full in each and every deed and conveyance
of any Yorktow i Lot=s, and shall be and rema=in valid and
-6-
a
enforceable as to all Yorktown Lots, notwithstanding failure
to insert the same in any such deed or conveyance.1
11. If any person shall violate or attempt to violate any of the
covenants and restrictions herein contained, it shall be lawful
for any person owning any Yorktown Lot or Outlot to prosecute
any proceedings at law or in equity against the person or per-
sons violating or attempting to violate any such covenant or
restriction, and either to prevent such violation or to re-
cover damages therefor, including attorneys' fees.
IN WITNESS WHEREOF, Owners have caused this instrument to be
duly executed the day and year first above written.
corporate seal)
orate seal)
0
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
GLACIE 'AND AND GRAVEL COMPANY
Bye
Its 2�
And J fry
Its
�George J. la
Virg nia L. Ablah
On this 3rd day of May 1972, before me, a Notary
Public within and for said County, personally appeared
George 1. Ablah _ and Eugene A. Rancone
to me personally known, who, being each by me duly sworn, did say that they
are respectively the President and the Secretary of YORKTOWN IN-
VESTMENT CO., INC., one of the corporations named in the foregoing instrument,
and that the seal affixed to said instrument is the corporate seal of said
1wC
corporation, and that said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors and said
George T. Ablah and Eugene A.Rancone __ acknowledged
said instrument to be the free act and deed of said corporation.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
XAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA x
WAYNE A. VANDER VORT
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Cnmrnission Expires Mar. 30, 1978.
)KYY"YYYYYYYYYYYYYYVYMYYVYYYMYVX
On this 3''X day of 1972, before me, a N?ar y Public
within and for said County, personal appeared �t'yeQ �e�fl c�.
and to me personally known, who, being
each by me Auly sworn, di say that they are respectively the,. -t
and the _1.�► of GLACIER SAND AND GRAVEL COMPANY, one of the
corporations namedCAn the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said in-
strument was signed and sealed in behalf of said corporation by authority of
its Board of Directors and said � _ 1 and
�,u c acknowledged said instrument to be
the free,(/act and deed of said corporation.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
�Oycz TIJORVasON
A2y �pu ouH�1°p � JCounty, �At
uaa ",1-ft
On this _3rd day of May , 1972, before me, a Notary
Public within and for said County, personally appeared GEORGE J. ABLAH
and VIRGINIA L. ABLAH, husband and wife, to me known to be the persons
described in and who executed the foregoing instrument and acknowledged
that they executed the same as their free art and deed.
l
x
WAYNE A. VANDER VORT x
This instrument was drafted by: '� NOTARY PUBLIC - MINNESOTA
Barnett, %atclle, Hennessy, �.t,
HENNEPIN COUNTY
Vander Vort & Stasel ed MY Commission Expires Mar. 30, 1978. t
x
720 Northstar Center. v"wmwVVrrrr x
Minneapolis, Minnesota 55402
s
EXHIBIT A
TO DECLARATION OF RESTRICTIVE AND
PROTECTIVE COVENANTS FOR YORKTO1,1N LOTS
Use
Residential
Multiple (6 to 30 dwelling units
per acre)
Multiple (31 or more dwelling units
per acre)
Commercial
Food supermarket
Discount department store
Service station
Regional center
Junior department stores
Neighborhood center
*Low use commercial
Office
Office without eating facilities
Office with eating facilities
Trip Ends Generated
7 per dwelling unit (herein
after referred to as "D.U.")
6.5 per D.U.
110 per 1000 square feet, or
any part thereof, of gross
building floor area (here-
inafter referred to as "per
1000 sq. ft. F.A. ")
85 per 1000 sq. ft. F.A.
300 per station
45 per 1000 sq. ft. F.A.
80 per 1000 sq. ft. F.A.
45 per 1000 sq. ft. F.A.
100 per acre or any part thereof
25 per 1.000 sq. ft. F.A.
14 per 1000 sq. ft. F.A.
*Low use commercial includes boat sales, auto sales, or other simi-
lar uses where great amounts of land are devoted to storage or dis-
play, and the unit sales are high in cost. Sales of musical instru-
ments, electronic equipment, furniture, major appliances, or similar
items may be included in this category if the average unit sale is
high in cost.
13
!a
REAMfElILD VOL.1 .....2 .. ®33 7- //
A
OFFICE 0,:.'-,,DGi"MAl OF TITLES
STATE OF
COlif.NTY OF
i"at the wi'.hfn instrument
cf! -� the
1972 -t
� iSl�RAR OF TITLES
e4
DEPUTY REGISTRAR OF TITU�',