HomeMy WebLinkAbout2239880 WEST -FIRST NATIONAL BANK BUILDING
ST. PAUL, MINNESOTA 55101
(612) 227 -8017
P. 0. BOX 848
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 55903
(507) 288-3156
Z Z 3 5
HORSEY & WHITNEY
A Partnership Including Professional Corporations
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
(612) 340-2600
TELEO 29-0605
TELECOPIER c (612) 340 -2868
312 FIRST NATIONAL BANK BUILDING THOMAS S. ERICKSON, P. A.
WAYZATA, MINNESOTA 55391
(612) 475 -0373 (612) 340 -2659
December 14, 1983
Mr. Gordon L. Hughes
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Re: Oak Ponds of Interlachen
Dear Gordon:
201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59401
(406) 727 -3632
SUITE 675 NORTH
1800 M STREET N. W.
WASHINGTON, D. C. 20036
(202) 296 -2780
30 RUE LA BOETIE
75008 PARIS, FRANCE
TEL: (1) 562 32 50
I enclose herewith a copy of the Declaration
of Covenants, Conditions and Restrictions against the
property platted as Oak Ponds of Interlachen. This Declara-
tion has been recorded in the Office of the Registrar
of Titles as Document No. 1435601. I send this to you
for your records and particularly for the purpose of
evidencing on your records the rights of the City to
the monument sign and island as set forth in Article VIII
of this Declaration.
Very truly yours,
Thomas S. Erickson
TSE:jd
enclosure
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1-131%01
DECLAP°,ATION OF COVENANTS,: CONDITIONS. AND 1MVMCTIONS
THIS DEC74ARATION of Covenants, Conditions, and Restrictions
made this �_ day of ]�k���ii 1981, by Oak Ponds of
Interlachen, a Minnesota genera Tpartneiship (hereinafter called
"Declarant ").
WITNESSETH:
WHEREAS, Declarant is the contract for deed vendee, pursuant to
that certain, Contract for Deed dated 1981
and riled for record Re �/� as Document No.
in the office of the Rag si trar Of Tit es fox, Hennepin County, N,nnesota,
of certain real property located in Hennepin County, Minnesota, and
legally described as follows.
Lots 1, 2, 3, 4, 5, and 6, Block. 1, Oak Ponds of
Interlachen and Lots 1, 2, 3 and 4, Block 2,, Oak
Ponds of Interlachen, - according to the recorded
plat thereof,
(hereinafter called "said land ");
WHEREAS, Declarant hereunder desires to impose upon said lard ar'
subject said land to certain conditions, restrictions, reservar.i.;:�:,
covenants, and easements for the benefit of said land and its F)reF'erlt
and future owners;
NOW, THEPEFOZE,E, Declarant hereby declares that the said land shall
be sold, conveyed, held, and occupied subject to the following
conditions, restrictions, reservations, covenants, and easements,
which are for the purpose of protecting the value and desirability
of, and which shall run with the'said land and which shall be
binding on all parties having any right, title, or interest in
the said land or any part thereof, their heirs, successors and
assigns, and shall inure .o the benefit of each owner thereof,.
ARTICLE I
Definitions
Section 1: Def- inition of "Lot ". For purposes of this Declaration,
e term o shall mean any of Lots 1, 2, 3, 4, 5, and 6, Block
1, Oak Ponds of Interlachen and Lots 1, 2, 3 and 4, Block 2, Oak
Ponds of Interlachen, or any lot which is created subsequent to
the date hereof out of any of said platted lot or lots, or portions
thereof now shown on the recorded Oak Ponds of Interlachen plat of
the said land, by the replatting thereof or by the approval, if
necessary, of the-City of Edina to the subdivision and /or combination
thereof.
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Section 2: Definition of "Owner ". For purposes of this Declaration,
t e term owner shall mean the party, individually, or the parties,
collectively, ne.mad in the said Office of the Registrar of Titles as
the fee owner of a lot. It is specifically understood that a contract
for deed vendee of a lot, or any party holding a similar equitable
interest in a lot, shall not be deemed to be an "owner" as that term
is defined herein.
ARTICLE II
Land Use and Buildina Type
No lot shall be used except for residential purposes. No buildings
shall be erected, altered,, placed or permitted to remain on any lot
except a single - family residence, together with a garage designed
to-accommodate a minimum of two (2) automobiles;
ARTICLE III
Easements and Setbacks
Section 1: Easements. Easements for installation and maintenance
of u- ta.TiUxes, an rainage are as shown on tie recorded plat of
Oak Ponds of Interlachen. Within these easements, no structure,
fence, planting or other material shall be placed or permitted to
remain which may damage or interfere with the installation and
maintenance of utilities, or which may change the direction of
flow of drainage channels in the easements, or which may obstruct
or retard the flow* of water through drainage channels in the
easements. The easement area of each lot and the :improvements
located thereon shall be maintained continuously by the owner of
the lot except for those improvements for which a public authority
or utility company has assumed responsibility.
Section 2: Setback Requirements. The setback requirements for
-fie—building
t on each of shall Be as provided by the ordinances
of the City of Edina, which restrictions may be varied or modified
by action of the municipality as therein provided.
ARTICLE Iy
•
Nuisances, Livestock and Foulta
t'
Section 1: Nuisances. No noxious or offensive activities shall
Se carried on upon any lot, nor, shall anything be done thereon
which may or may become an annoyance or nuisance to any other lot
owner.
Section 2; Livestock and Poultry. No animals, livestock or poultry
of any kin3 shall e ra__T_sed_,Fr_e_d or kept on any lot except for dogs,
rats or other household pets provided that they are not kept, bred,
or maintained for any commercial purpose.
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Garbage rnd ;refuse Disposal
No lot shall be used or maintained as a dumping ground for rubbish.
Trash, garbage or other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage
or disposal of such materials shall be kept in a clean and sanitary
condition, and kept either (a) within the garage as provided herein,
or (b) in a suitable structure below grade. '
ARTICLE 'VI
Tem op rare Structures /Signs
Section 1: Temporary Structures. No structure of a temporary
c aracter, trailer, asement, tent, garage, boat house, barn or
other outbuilding shall be used in any lot at any time as a
residence either temporarily or permanently. There shall be no
outside storage of any type of motor vehicles,including, but riot
limited to, camping trailers, snowmobiles, buses, trucks, recrea-
tional vehicles, motor homes, motorcycles, motorbikes, or boats.
Section 2• Com letion. Within six months of the date upon which
construction or a single- family residence is corm+aenced on a lot
(for purposes of this section, a single- family residence shall
be deemed to be commenced upon the commencement of any excavation
work for the foundation of a single - family residence), the extericx
of the single - family residence shall be completed pursuant to the
plans and specifications therefor which have been approved by the
Architectural Control Committee referred to in Article VII hereof.
In addition, within nine months of the commencement of construction
of a single - family residence, the side yards and the front yard,
including the portion of the street right -of -way which does not
lie within the traveled portion of the street, shall be sodded
and the driveway from the garage to the street shall be paved.
Section 3: No signs of any kind shall be displayed to the
pilTIc v view on any lot except one professional sign of not more
than one square foot, one sign of not more than six square feet
advertising the property for sale or rent, or signs used by Declarant
to advertise the property during the initial sales period.
ARTICLE VII
Architectural Control. Committee
No structure shall be erected, placed, or altered on any lot until
the final plans and specifications therefor and a site plan showing
the location of the structures have been approved by the Architectural
Control Committee as to quality of workmanship and materials, harmony `
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601
of external design with existing acructures, and as to location
.th respect to topography and finish grade elevation. Together
t.h _hce submission of said .final plans and specifications an3
t?.ity ;.'can to t-he Architectural Control commdttee, a color
Np - '(::4ira the exterior color of the proposed structure roust
so be sub.r:ltced to the architectural Control Corrr^ittee. No
nee a: ',all shall be erected, placed or altere3 o. -I any ?r•t
aerer to zany street than the minimum buildin:: setback lz.r;.e
.°;less sirr,iiarly approved. The Architectural -,t oy Cc +;ria.ttee
s cor,ipcse( of F.o;nuald A. Halley, whose address .s cr Galvin
nue, :best %t. Pau? Minnesota 55116 w:ru_•'. erg rocks,
� D,e 3,JdrE-SS is 7340 Colorado Avenu ac;.r h r r Park,
r %esot a S,5443: mich, 1e1 A. Halley, whose a ' i r t! Shela
per, Suite 1460 Mirrneapol s, i].nneso':. S1.:f 3:1: L,:; M. Hanel
;irsc address is 14801 M_+'.ralehaha Place, ;,ravzat,::, - Xinnesnta 55391.
111a or.ity of the co;r:r,ittee may designate a rec:resentative to ct_
or it, Tr) the event of death or resignation of any r „e, tier c F +. r, e:
riiitf.ee,
the remaining member (s) .:.,a1l f
c;csignate a successor. Neither the members of the corrni,tc.c•u
tr - Jes= yatate` representative shall !:)t,- entitle:' `a :ln}
r servbce performecj pursuant to this cove, an .. At any
o ..ers of a majority of the lots ''hali have
:',uU ll , d.ly recorded written instrument, to .h ,• e th r -..
tc,,;r.;itte>e or to withdraw from the co,:w it,ae or reatcre t-
•. Oi i t, �, C_ ; /c-r -s aCd duties, provided, however- that so IrM:, y ,.
..dl "dCit 7,-v',,:: two or Tiore of the lots, no such by 1JAe
�r. r.x•re eXctpt with the written ccn :e :t of Declarant,
:,: com!:ie. tee`s approval or disapproval _Ets rc_- c,uiz:FCi in this Astir.)%
I; shall i:e in writing. In the event that the
fails to ,applvte, _.i :il �' �.it c_.•_.
c ficecr:_ it]. r thirty (30) days after t:h samr have beer,
to it:, approval will not be required, and the rc;crt: ±d
c:c:ti c:rants shall be deemed to have been fully c+ tpl ed with.
ARTTr' Y VTTT
Monument Siren
The owners of the .lot.—shall be responsible for the maintenance oL
the monument sign and the "island" upon which the monument sign
has been placed (the. "island" is legally described as Outlot A,
Oak Ponds of Interl*chen', and, at all times, (i) shall maintain
said sign in a good cond.rt. ion and state. of .repair and (ii.) sh it
keep said island neatly trimmed and free of weeds and litter. Any
changes in the construction materials used in the monument sign or
any changes in the design of the monument sign or its location or;
or off said island may require the approval cf the City of Edina
and shall require the approval of a majority of the owners. If
the owners fail or refuse to comply with all of their obligations
and requirements hereunder., then, in addition to any other remedies
available to the City of Edina ("City”) at law or in equity, the
City shill have the riglit to.,
a, Enter upon the island upon which the monument sign is
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601
located with such m-n, equipment and materials as
the City deems necessary for the purposes of performing
the obligations of owners hereunder which owners have
failed or refused to perform, without liability or
obligation of any kind to any owner or occupant of any
lot for trespass or damage to the monument sign, or island,
or other property or improvt,nents located on the island;
and
b. obtain enforcement of the covenants and obligations set
forth in this Article VIII against the owners by court
order for mandatory injunction or other appropriate
relief.
All of the foregoing remedies shall be usable and enforceable
by the City separately or concurrently as the City shall determine,
and the use of one remedy shall not waive or preclude the use of
one or more of the remedies. Also, the failure to exercise, or
delay in exercising, any remedy hereunder in the event of a failure
or refusal by owners shall not preclude the City from thereafter
exercising any of its remedies for the same or a subsequent failure
or refusal. Owners agree to pay to the City any and all costs and
expenses incurred by City in enforcing the covenants and obligations
set forth in this Article VIII by use of.the remedies set out above
or by other remedy or means available to City at law or in equity,
including attorneys' fees, whether suit be brought or not, and with
interest on all such costs and expenses at eight percent (88) per
annum from the dates incurred by City until paid, and the owners
also agree Lo pay all costs of collection of such costs and expenses,
with interest_ thereon, again including attorneys' fees and whether
suit be brought or not, with interest at eight percent (88) per annum
on such costs of collection from the dates incurred until paid. h1so
owners agree that City may assess all such costs and expenses, inclu-
ding attorneys' fees and interest, against all lots, said assessment
to bear interest at the rate then charged by City on other assessments,
to be payable in full in the year following levy by the City, and to
be assessed equally against all said lots. Owners, by acceptance of
a deed to a lot, shall be deemed to have agreed to any said assess-
ment and to have waived the right of appeal from, and any and all
objections to, the assessment so levied and the process used by City
in making such levy, including, without limitation, any defect in the
notices of hearings or the hearings.
ARTICLE IX
Sewer Facilities
The sewage disposal facilities on said land shall be limited to
the City of Edina's sanitary sewer system.
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ARTICLE Y.
General Provisions
Section 1: Duration. The conditions, restrictions, reservations,
ann covenants o t as Declaration shall run with and bind the land
and small inure to the benefit of and be enforceable by the owner
of any lot subject to this Declaration, his respective heirs,
successors, and assigns, for a term of taaenty (20) years from the
date this Declaration is recorded, after which time said conditions,
restrictions, reservations, and covenants shall be automatically
renewed f:,r successive periods of ten (10) years each unless an
i:,strument signed by the owners of a majority of the lots covered
by this Declaration has been recorded agreeing to change, in whole
or in part, its conditions, restrictions, reservations and covenants.
Section 2: Enforcement. Enforcement of these conditions, restric-
tions, reservations, easements and covenants shall be by any Frn-
ceeding at. law or in equity against any person or persons viclat_n:,
or attempting to violate any covenant or restriction either tc
restrain violation or to recover damages, and failure by any cune._-
to enforce any of the same shall in no event be deerred a , ;aivoz
of the right to do so thereafter.
Section 3: Severability. Invalidation of any of the previsio:,s
iezein Ty j� -went or court order shall not affect any of the
other provisions which shall .remain in full force and effect
until. the date of expiration hereunder.
IN TESTIMONY WHEREOF, the said Oak Ponds of Interlachen,
Minnesota general partnership, has caused these presents to be
executed. by its authorized partner, Halley Land Corporation; a
Minnesota corporation, a general partner, in its corporate_ name
by its President and its corporate seal to be he.re,ant.o affixed
the day and year first above written.
OAK PONDS OF INTER1..4CHEN,
a General Partnership,
by Halley Land Corporation,
a General Partner,,---,.
By
ty .o w Its President
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SThTE. OF MINNESOTA)
SS. �
COUNITY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1981, by M_chael A. Halley, PreSl(ent
of Halley Land/ Corporation, a Minnesota corporation, a general
partner in Oak Ponds of Interlachen, a Minnesota general
partnership, on behalf of said general partnership,
eArPP+liM►er�+lMrN/MI �` 1 i ,I \ /1' �; `��i ,� { i +l
SHIRLEY ANN SIPE s�.gnature a_ son taking �w
'' ei_� NOTn4(Y PUS ,IC • WNNEROTA 1
HENNEPIN COUNTY acknowledgmen
9i•.'!'5,,.yc--w UpimJ, 7.,»a Nota Public
tit e or sank —
CONSENT OF RECORD OWNERS TO
i - DECLARATION OF COVENAZiTS, CONDITIONS AND RESTRICTIONS
The undersigned, Donald D. Byerly and Marlys J. Byerly,
husband and wife, the record owners of the land which is
described in this Declaration of Covenants, Conditions and
Restrictions and the part named as vendors in that certain
contract for deed dated --� uti 1 1981 and filed for
record as Document No. inthe files of the Registrar of
�qq
Titles for Hennepin County, Ainnesota,' hereby consent to, and
join in, said Declaration of Covenants, Conditions and Restrictions,
and agree that their interest in the lands covered by this
Declaration of Covenants, Conditions and Restrictions is subject
to the easements, restrictions, covenants and conditions set forth
herein.
5onald D, Byer y
y� Byer
STATE OF MINNESOTA)
ss>
COUNTY.' OF HENNEPIN)
On this Af day of 1981, before me, a Notary
. Pualzc within for said Count y, personally 11 appeared Ronald D.
B erly and Marlys J. Byerly, husband and wife, who did say that they j
executed the foregoing instrument as their•freeact and deed. j
Tsignature of person—taking —
acknowledgment)
THIS T:ISTRU'MENT WAS - ,
DR�,F•TED BY: Public
Nalley.Land Corporation tzt a or rank)r����
600 Shelard Tower
Min�,eapoXis, Minnesota 55426
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DEPApTMENT Of PROKPITY TXMIGN
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certified to be a Mic Ufj !3-'rrc-t Gl-'P of !na
originai 3-n file and 04 record in "'Y Offi" �r
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R Dan Carlson, Registrar of Tines
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