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DECLARATION OF
IZL'S "f1Z1CTIUNS AND PROTECTIVE COVENANTS,
THIS DECLARATION OF RESTRICTIONS AND PROTECTIVE COVE & TS, made 7
this 19th day of September, 1979, by Alpha Enterprises, a South Dakota general partnership s.
(hereinafter referred to as "Owner ").
WITNESSETH THAT;
WHEREAS, Owner is the owner of certain real estate situated in the City of Edina,
Hennepin County, Minnesota, described as follows:
i ract B, Registered Land Survey No. 1501, files of the Registrar of
Titles, County of Hennepin, State of Minnesota
(hereinafter called the "Subject Property "); and
WHEREAS, Owner desires to provide for the proper and orderly development and
improvement of the Subject Property pursuant to the requirements of the City of Edina.
NOW, THEREFORE, Owner does hereby impose of the Subject Property, and each
and every part thereof, the following restrictions and covenants, which shall operate as
equitable restrictions and .covenants passing with the title to each and every part of the
subject property, and shall apply to and bind each and every present and future owner,
occupier, and encumbrancer thereof, to -wit:
1. That only one (1) building or structure shall ever be constructed or placed at one
time on the Subject Property.
2. That any building or structure hereafter constructed or placed on the Subject
Property shall not exceed four stories as defined by the applicable ordinances of the
City of Edina.
3. That the cellar, as defined by the applicable ordinances of the City of Edina, of any
building or structure hereafter constructed or placed on the Subject Property shall
be used for storage and will not be an active floor area.
4. - That any building or structure hereafter constructed or placed on the Subject
Property shall not exceed a total gross floor area of Fifty -two Thousand, Five
Hundred Seventeen (52,517) square feet, as measured from the exterior of the
exterior walls of the building or str!.:ctLIre, and including, without limitation, all
vents, vent shafts, courts, elevator shafts, and stairwells in the building or
structure. If any floor, story, or portion of any such building or structure is not
provided with surrounding exterior walls (excluding, however, the roof and main
entrance way thereof), then for purposes hereof, the number of square feet within
such floor, story, or portion, and to be included within the total maximum gross
floor area above set out, shall be the area, measured as provided in the immediately
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preceding sentence, within the vertic,.►l projection of the exterior walls of the
portion of such building or structure immediately above or below such floor, story or
portion. The total amount of net leaseable floor area shall not exceed Forty *�
Thousand (40,000) square feet. Calculations used to determine the total gross floor `
area and the amount of net leaseable floor area shall be based upon architechural
drawings by Rambo Logan Associates, Incorporated, dated July 20, 1979 on file with
the City of Edina. No remodeling, reconstruction or renovation of any structure or
building on the subject property shall increase the amount of allowable total gross
floor area or net leaseable floor area as set forth above. If the City and the then
owner or owners of the Subject Property cannot agree on the total gross or net
leaseable floor area of any building or structure hereafter constructed or placed on
the Subject Property, the determination of the City, made pursuant to this
Paragraph 4, and based upon such architectural drawings, shall control and be
binding upon such owner or owners.
5. That no part of the Subject Property, and no part of any building or structure now or
hereafter located on all or any part thereof, shall be used as and for an office or
offices for medical doctors or doctors of dental surgery.
6. Each and every part of the Subject Property shall be subject to all applicable
s tatutls and ordln'i' ices now or hereafter enacted or existing, and such statutes and
ordinances shall be effective as to the Subject Property even though more
restrictive than or in addition to the restrictions and covenants herein contained.
7. The restrictions and covenants herein contained may be released only by the City of
Edina, and may be released as to all or any part of the Subject Property and as to
any building or structure now or herafter located thereon, by the sole act of the
City of Edina. Any such release shall be effective only upon the recording of a
resolution of the Edina City Council so releasing the restrictions and covenants in
the same office in which this instrument has been recorded.
8. If any provision of this instrument is for any reason held to be invalid or
unenforceable as to all or any part of the Subject Property, or as to all or any part
of any building or structure now or hereafter located thereon, or as to any person or
circumstance, the application of such provision to the other portions of the Subject
Property, or other buildings or improvements, or portions of any thereof, or to other
persons or circumstances, other than to those to which it shall be held invalid or
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.
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9. If any person shall violate or attempt to violate any of the restrictions and
covenants herein contained, it shall he lawful for any person owning any of the
Subject Property, or any interests therein, or the City of Edina, to prosecute any
proceedings at law or in equity against the person or persons violating or attempting
to violate any such restriction or covenant, and either to provent such violation or
to recover damages therefor. The person or persons violating or attempting to
violate any of the restrictions and covenants herein contained shall. also be liable
(jointly and severally, if more than one), for all costs, including attorneys' fees,
incurred by any person, including the City of Edina, in enforcing these restrictions
and covenants and whether suit be brought or not, and with interest on all such costs
at eight per cent (8 %) per annum from the date incurred until paid, and shall also be
liable for all costs of collection of such costs, with interest, again• including -�
attorneys' fees and whether suit be brought or not, with interest at eight per cent
(8%) per annum on such costs of collection from the dates incurred until paid.
ALPHA ENT ' 'PRISES
B —/ 11�� X
, I -0c
Howard S. Cox, A Trustee
State of Minnesota ?
SS.
County of Hennepin )
The foregoing instrument was acknowledged before me this 19th day of September,1979,
by Howard S. Cox, a Trustee of Omega Trust, a general partner of Alpha Enterprises, a
South Dakota general partnership.
THIS INSTRUMENT WAS DRAFTED BY:
WIESE AND COX, LTD.
2022 IDS Center
Minneapolis, Minnesota 55402
and
DORSEY, WINDHORST, HANNAFORD,
41"ITn;l Y do HALT ADAY (TSL)
2300 First National Bank Building
Minneapolis, Minnesota 55402
3
No a y 'ublic
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-Td ROBERT J. LUKES
++' NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan, 20, 1983 >
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