HomeMy WebLinkAbout2072DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS, Made this 5th day of
July , 197^ by FLORENCE M. STUCKI, a widow and not remarried
(herein called "Stucki "), and MARK B. NELSON INTERIOR DESIGN, INC., a
Minnesota corporation (herein called "Nelson ", and Stucki and Nelson are
herein sometimes collectively called "Owners "):
WHEREAS, the Owners hold all of the right, title, and interest
in and to certain real property located in Hennepin County, Minnesota,
described on Exhibit A attached hereto (herein called the "Property ");
and
WHEREAS, the Owners requested and were granted certain variances
by the Board of Appeals and Adjustments of the City of Edina (Case No.
B- 76 -18) for development of the Property, but subject to certain conditions
to ensure compliance with the zoning regulations of the City of Edina
and to protect adjoining properties, all as allowed by statute and the
ordinances of the City of Edina; and
WHEREAS, the Owners desire to comply with said conditions and
to provide for the proper and orderly development and utilization of the
Property, pursuant to Owners' plans therefor, and recognizing the limiting
factors of size and shape and its location adjoining single - family
residential areas.
NOW, THEREFORE, the Owners do hereby impose upon the Property,
and.each and every part thereof, the following covenants and restrictions,
which shall operate as equitable covenants and restrictions passing with
the title to the Property, and to each and every part thereof, and shall
apply to and bind each and every present and future owner, occupier, and
encumbrancer of the Property, or any part thereof, to -wit:
1. The Property shall be used only for business and professional
offices, including, without limitation, use as an interior design studio,
with related automobile parking.
2. Not more than four (4) parking stalls shall be developed on
the Property, two (2) immediately to the west and two (2) immediately to
the east of the existing building on the Property, unless more are requested
by the Owners and approved by the Edina City Council, or unless more are
required by the Edina City Planner to relieve congestion or other traffic
problems on the Property.
3. Blacktop and permanent curb shall be installed and maintained
in all parking areas from time to time on the Property.
4. All portions of the Property that from time to time are not
hard - surfaced shall be landscaped pursuant to plans to be submitted to and
approved by, and such landscape work shall be bonded in favor of, the City
of Edina, all pursuant to City of Edina Ordinance No. 404, and any amend-
meets thereto.
5. All improvements now or hereafter on all or any part of the .
Property shall at all times be screened from adjacent single - family residen-
tial areas by screening material or devices acceptable to the Edina City
Planner.
-2-
C
t
6. All landscaping and screening material or devices from time
to time on the Property, or any part thereof, shad at all times be kept
in a healthy, well - maintained condition, and, as to nonvegetative material,
in a good state of repair.
7. The Property 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 Property even though more restric-
tive than or in addition to the covenants and restrictions herein contained.
8. The covenants and restrictions herein contained may be
released only by the City 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 City 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 all or any part of the Property, or
any person or circumstance, the application of such provision to the portions
of the Property, 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. If any person shall violate or attempt to violate any of the
covenants and restrictions herein contained, it shall be lawful for the
City of Edina, or any person owning any portion of the Property, to
-3-
prosecute any proceedings at law or in equity against the person or persons
violating or attempting to violate any such covenant or restriction, to
obtain a mandatory injunction or other court order requiring compliance,
or to prevent such violation or to recover damages therefor, and the
person or persons so violating or attempting to violate any such covenants
and restrictions shall also pay, in connection with each such proceeding,
all costs of such proceeding and reasonable attorneys' fees, with interest
thereon at eight (8%) percent per annum from the dates incurred until paid.
IN WITNESS WHEREOF, the Owners have caused this instrument to
be duly executed the day and year first above written.
FLORENCE M. STUCKI
MARK B. NELSON INTERIOR DESIGN, INC.
And
Its
-4-
i
n
STATE OF MINNESOTA)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day
of , 1978, by FLORENCE M. STUCKI, a widow and not remarried.
,vii. I
NOTARY PUBLIC- MINNECu,
KxNN6rIN COLNTV
00111w1 �PIRtIFW1 *411JMa.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
On this S_ day of O k , 1978, before me personally ap-
peared /f? A1e1_c&,,jand , to me personally known,
who being each by me duly sworn, -did say that e r s the %o2r- s / Qe yA47'
and
of MARK B. NELSON
INTERIOR
DESIGN, INC.,
the corporation
named
in the foregoing instrument, and
that 4J2,q/,&
16. 1U2_1s-d1,J
and
acknowledged said instrument to be the free act and deed
of said corporation.
TRANSFER ENTFR71
JUL 17 1978
FINANCE DIVISI�i`4
HENNEPIN COUNTY, z I.NN.
���Iu Fri
BY
Sim
; GR6�RY D. GUSTAFSON
NQTARI' PU6LlC - MINNESOTA
HENNEPIN COUNTY
My Commission Expires Mer. 13, Y879
s;
{y?
_J
L
r
r'�iiE�dr`'�� \ •y i
No delinquent taxes
V, VIM NOT REQa
and transfer entered 19��
DIVISIO''d J101 e
v X11-
,f
,z may
EXHIBIT A
To Declaration of Restriction
That part of Block 20, Waveland Park, and that part of vacated
Harriet Avenue adjoining the South line of said Block 20,
which lie within the North SO feet of the South 200 feet of
the West 200 feet of the East 230 feet of the Southeast Quarter
of Section 7, Township 28, Range 24, Hennepin County, Minnesota,
according to the recorded plat and United States Government
Survey thereof.
1283706
REGISTERED VOL_/f
o
MPAIE-
q�t� -Z
OPNICE OF THE RREGI SS T. R
OF Tff; ES
HENNEPIN CO NI "'.
CERTIFIED f-tILED C'A
you