97-044
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RESOLUTION NO. __97~44_
A RESOLUTION APPROVING THE PRELIMINARY PLAT
AND FINAL PLAT OF
W A TERFORD 5TH ADDITION
WHEREAS, the preliminary plat of Waterford 5th Addition has been submitted in the
manner required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, the final plat of Waterford 5th Addition has been submitted in the manner
required for the platting of land under the Shorewood City Code and under Chapter 462 of
Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1 . That the preliminary plat of Waterford 5th Addition is hereby approved.
2. That the final plat of Waterford 5th Addition is hereby approved.
3 . That the approval is specifically conditioned upon the applicant recording the
Declaration of Restrictions attached hereto and made a part hereof.
4. That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat on behalf of the City Council.
5 . That this final plat and the Declaration of Restrictions shall be recorded within 30
days of the date of certification of this Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance
therewith by the subdivider and City officials and shall entitle such plat to be placed on record
forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood
City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day
of June, 1997.
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Fourth Draft - 7/14/97
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION is made this IA~ day Of~, 1997, by
Trivesco, a Minnesota general partnership (~Declarant").
RECITALS
A. Declarant is the owner of real property located in the
County of Hennepin, State of Minnesota, described as:
Lot 1, Block 1, Waterford 5th Addition, according to the
recorded plat thereof (the ~Real Property").
B. On June 9, 1997, the City Council of the City of
Shorewood, Minnesota (the ~City") approved the final plat of
Waterford 5th Addition.
As a condition of such plat approval, the
Ci ty Council has required Declarant to execute and record this
. Declaration in order to impose certain restrictions on the use and
improvement of the Real Property.
C.
Declarant
has
agreed
to
execute
and
record
this
Declaration for the purpose of satisfying the above condition of
final plat approval.
NOW, THEREFORE, in consideration of the foregoing recitals,
Declarant hereby declares that the Real Property shall be held,
transferred, leased, improved, occupied and developed subject to
the following conditions and restrictions:
ARTICLE I.
LAND USE AND BUILDING TYPE
Section 1.
The Real Property shall be used for residential
purposes only.
Residential
purposes
include
single
family
. dwellings and attached or detached garages, swimming pools, tennis
.
.
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courts and attendant structures, such as storage sheds, cabanas,
and a house/shed or shelter for permitted.pets. No dwelling shall
be erected, altered or placed on the Real Property or permitted to
remain there other than one detached single family dwelling not to
exceed two stories in height, as measured from grade. In the event
the dwelling includes a walk-out basement, the basement shall not
be counted as a stor'.l.
The aggregate garage space on the Real
Property shall not exceed space for three cars plus reasonable
storage space.
Section 2. All structures constructed or placed on the Real
Property shall be totally completed on the exterior thereof within
-
nine months after commencement of construction.
ARTICLE II.
ARCHITECTURAL CONTROL
Section 1.
No dwelling, buildingr driveway, walkway, wall,
fencer garager aerial, antenna, wi~e, piper mailbox, mailbox stand,
exterior ornament, swimming pool, landscaping, or other structure
(herein "Improvement") shall be constructed, alteredr improved or
placed upon the R~al Property without prior written approval by
Declarant of . the plans and specifications for the Improvement,
including site location thereof.
Section 2.
Before construction of any Improvement is
commenced, the owner of the Real Property shall subrni t to the
Declarant, one (1) complete set of architectural plans and
specifications (including, without limitation, full site plans,
exterior materials and driveway plan), in care of Declarant at
. 14201 Excelsior Boulevard, Minnetonka, Minnesota 55345.
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Section 3.
Within forty-eight (48) hours of receipt of
arc hi tectural plans and specifications, the Declarant shall approve
the plans and specifications, except that Declarant may disapprove
plans and specifications only for one or more of the following
reasons:
a. Noncompliance with this Declaration;
b. Failure of the exterior of the proposed Improvements to
be of a style compatible with, or failure of a dwelling
to be of the same general size, quality of construction
and price range as, the dwellings constructed in
Waterford and Waterford, 2nd Addition;
c. Failure of a dwelling or fence to be placed and oriented
on the Real Property in a manner compatible to the
dwellings built in Waterford and Waterford, 2nd Addition
and in a_manner compatible with the terrain of the Real
PropertYi
d.
Failure of a fence to be compatible with improvements on
adjoining lots, and with the character of Waterford and
Waterford, 2nd Addition as a whole, in terms of height,
locationr designr materials and/or obstruction of views;
and
e.
Failure of the plans and specifications to
information necessary to evaluate the
characteristics.
show all
foregoing
The
Declarant's
determinations
concerning
the
plans
and
specifications shall be conclusive. If the Declarant disapproves
the plans and'specifications, it shall notify the purchaser/owner
of the Real Property in writing of the reason for such disapproval
and, in the case of the plans and specifications, the deficiencies
which must be cured to obtain approval.
Section 4.
If construction of any Improvement is commenced
without approval of the plans and specifications, or if
construction of any Improvement is completed not in accordance with
the approved plans and specifications, Declarant may b::::ing an
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action to enjoin further construction and to compel the owner of
the Real Property to conform the Improvement to the plans and
specifications approved by the Declarant, provided that such action
shall be commenced and a notice of lis pendens shall be filed no
later than ninety (90) days after the date on which the Certificate
of Occupancy is issued by the appropriate municipal authority.
Section 5.
The Declarant shall retain all plans and
specifications submitted to it, and a record of all actions taken
with regard to them.
Section 6.
Declarant shall be concerned .about aesthetic
characteristics only and shall not assert architectural or
-
engineering expertise in its review of plans and specifications.
Declarant may only request design modifications in the interest of
. producing overall Improvements that are complimentary to or
compatible with .the dwellings constructed in Waterford and
Waterford, 2nd Addition. It is the sole duty and responsibility of
the owner of the Real Property to employ an architect or other
qualified person to design any Improvements and any requested
modifications in ~. safe and architecturally sound manner. The
owner of the Real Property, and the owner's heirs, successors and
assigns waive any right to claim damages from Declarant or its
general partners as a result of plans and specifications furnished
to Declarant or Declarant's review and approval of plans,
specifications.
Declarant shall not be responsible or liable to
any owner of the Real Property, or anyone claiming under or through
any such owner, in any manner whatsoever for any defect in any
.
plans or specifications submitted to Declarant, nor as revised at
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Declarant's request, or for any work done pursuant to the requested
changes of said plans and specifications.
Section 7.
The provisions of this Article II, except for
Section 6, shall terminate 90 days after the date of issuance by
the City of Shorewood of a final Certificate of Occupancy for the
single family residential improvements initially constructed on the
Real Property by the owner of the Real Property. The provisions of
Section 6 of this Article II shall be perpetual in duration.
ARTICLE III.
STRUCTURE LOCATION
No structure shall be located on the Real Property nearer to
-
the front line or _ nearer to the side lot line than the minimum
building setback lines permitted by applicable ordinances of the
. City in effect as of the date hereof, or of the requirements as
stated in the Planned Unit Development Agreement (the "P.U.D.") in
effect governing the Waterford Planned Unit Deve~opment.
event a discrepancy exists, the provisions of the P. U. D. shall
In the
govern., Any application for a variance therefrom must be approved
by the Developer prior to presentation to the City. This section
is intended to define the procedure for application for variance
from the requirements of this Declaration, and does not impair an
individual's right to request and obtain a variance from the City.
ARTICLE IV.
BUSINESS ACTIVITIES
No business may be continuously conducted or operated in or
.
from the Real Property which causes inconveniences, excessive
traffic, excessive parking congestion or undue annoyance to the
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neighborhood.
ARTICLE V.
NUISANCES
No noxious or offensive activity shall be carried on upon the
Real Property, nor shall anything be done thereon which may be, or
may become an annoyance or nuisance to the neighborhood.
ARTICLE VI.
TEMPORARY STRUCTURES
No structure of a temporary character, recreational vehicle,
trailer, basement, tent, shack, garage, barn or other outbuilding
shall be used on the Real Property at any time as a residence
either temporarily.or permanently.
.' ARTICLE VII.
. STORAGE OF VEHICLES, ETC.
All recreational vehicles, trailers, boats, snowmobiles and
wheeled or' tracked vehicles (not including passenger cars or any
equipment used in construction or repair of the Real Property)
shall be stored within a garage or enclosure on the Real Property,
and shall not be vLsible from outside the Real Property.
ARTICLE VIII.
DRIVEWAYS
All driveways shall be hard-surfaced.
ARTICLE IX.
NONPERMITTED STRUCTURES
.
No television satellite dishes, or radio or television an~enna
towers, or electric generating windmills or other similar
structures shall be permitted, provided however, that tel.evision
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satellite dishes may be permitted if it can clearly be demonstrated
to the Declarant that no adverse impact will be suffered by any lot
in Waterford or Wat.erford, 2nd Addition. No antenna of any sort
shall be installed or maintained which is visible from the front of
neighboring lots in Waterford or Waterford, 2nd Addition unless it
can clearly be demonstrated to the Declarant that no adverse impact
will be suffered by any lot in Waterford or Waterford, 2nd Addition
or unless such neighboring lots themselves have satellite dishes or
antennae visible from the Real Property.
ARTICLE X.
LIVESTOCK AND POULTRY
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No animals, livestock or poultry of any kin~ shall be raised,
bred or kept art the Real .Property, except that dogs, cats and other
. household pets may be kept, provided that they are not kept, bred
or maintained for any commercial purposes. No more than two cats
and/or dogs shall be kept by the owners of the Real Property at any
one time except that a litter of kittens or puppies may be kept
until one month after they are weaned and except that more than two
household pets . may be kept provided they do not constitute a
nuisance.
ARTICLE XI.
EASEMENTS
Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat of
Waterford, 5th Addition.
Within these easements, no structure
shall be placed or permitted to remain which may damage or
.
interfere with the installation and maintenance of utilities, or
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which may change the direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow of TNa ter
through drainage channels in the easements, except that a
bi tuminous or concrete driveway or walk .which does not impede
surface water runoff and drainage may be installed and maintained
across the easement subject to disturbance for installation and
maintenance of utilities. Easement areas and all improvements in
them shall be maintained continuously by the owner of the Real
Property, except for those improvements for which a public
authority or utility company is responsible.
A..ttTICLE XII.
RUBBISH
The Real Property shall not be used or maintained as a dumping
ground for rubbish, except construction debris during construction
of Improvements. Said construction debris shall not be allowed to
accumulate and remain on the Real Property. Trash, garbage or
other waste shall not be kept except in sanitary containers. All
incinerators or other equipment for storage or disposal of such
material shall be ~ept in a clean and sanitary condition.
ARTICLE XIII.
SOIL, GRADING
No sod, soil, sand, gravel or timber, shall be sold or removed
from the Real Property, except for the purpose of excavating for
the construction or alteration of Improvements on said premises or
appurtenances thereto, or for the proper grading thereof, or for
landscaping, or for road improvements.
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ARTICLE XIV.
.
SIGNS
No signs of any kind shall be displayed to the public view on
the Real Property except as follows:
a. Notwithstanding any of the provisions set forth below,
all signs erected on the Real Property shall conform to
sign ordinances of the City as amended from time to time
or variance thereto approved by the City Council.
b. After initial construction of single family residential
improvements on the Real Property, one sign of not more
than six (6) square feet in area advertising the Real
Property for sale is permitted.
ARTICLE XV.
TEfu'1
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This Declaration of Restrictive Covenants shall run with title
to the Real Property and shall be a servitude thereof, and shall be
'. binding on all of the parties hereto, upon all persons claiming
under them, and upon all purchasers of all or any of the Real
Property so-described herein and their heirs, assigns, mortgagees
and successors-in-interest.
All of the provisions of this
Declaration shall remain in full force and effect until twenty (20)
years from the d~.te hereof, at which time. they shall cease.
Notwi thstanding the foregoing, the provisions of Article II of this
Declaration, except for Section 6 thereof, shall terminate 1Q days
after the date of issuance by the City of the final Certificate of
Occupancy for the initial single family residential improvements
constructed on the Real Property.
ARTICLE XVI.
SEVERABILITY
.
Invalidat"ion of anyone or more of the provisions of this
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Declaration by judgment or court order shall not affect any of the
other provisions, which shall remain in full force and effect until
the date of expiration.
ARTICLE XVII.
ENFORCEMENT
Only Declarant shall have the right to enforce the provisions
of this Declaration by proceedings ln its own name in law to
recover damages or in equity to restrain violation, against any
person violating or attempting to violate any covenant or provision
hereo f .
Failure to enforce any of the provisions of this
Declaration in any particular instance shall in no event be deemed
to be a waiver of the right to do so as to any subsequent
violation.
IN WITNESS WHEREOF, Declarant has caused this Declaration of
Restrictive Covenants to be executed as of the date and year first
above written.
Trivesco
BycY~fi~
Paul N. Steiner, Partner
By
Mason, Inc.,
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By Highland Properties, Inc.,
Partner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
~ The foregoing instrument was acknowledged this/~~ day of
4...1't ,1997, by Paul N. Steiner, a partner of Trivesco, a
Minnesota partnership, on behalf of said partnership.
TODD O. WITCRAFT .....-:-
NOTARY PUBLIC' MINNESOTA / ~ I). tA.J, I~
. .Jf. HENNEPIN COUNTY bl '
:2f%-:71Jv Cor,mi>SlOn Expires Jan. 31,2000 No tary Pu 1 C
-:::.........""'..J"",. ~,/'..r~"'V'-.'\,I'../.,A..,/>.A.......
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged this I~ day of
.:J..lL _, 1997, by::J~ ;H~ , the President of Robert
~Inc., a Minnesota corporation, a partner of Trivesco, a
Minnesota partnership, on behalf of said partnership.
TODD O. WITCRAFT
\ NOTARY PUBLIC' MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31,2000
~ p. /a'h~~
Notary Public
'"
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged this I~day of
.:::r ~ ,1997, by Mark Z. Jones, the President of Highland
Properties, Inc., a Minnesota corporation, a partner of Trivesco, a
Minnesota partnership, on behalf of said partnership.
--r
I,.JJ /). m;/I!J~
Notary Public
TODD O. WITCRAFT
NOTMY PUBUC . MINNESOTA
HENNEPIN COUNTY
Mv CommisSion Expires Jan. 31, 2100
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THIS INSTRUMENT WAS DRAFTED BY:
Vesely, Miller & Steiner
400 Norwest Bank Building
1011 First Street South
Hopkins, Minnesota 55343
UPDATED BY:
Shorewood Planning Dept.
5755 Country Club Road
Shorewood, Minnesota 55331
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