94-083
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RESOLUTION NO. 9 4 - 8 3
A RESOLUTION APPROVING THE FINAL PLAT OF
R BOWMAN SECOND ADDITION
WHEREAS, the final plat of R Bowman Second 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 plat of R Bowman Second Addition is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement between the developer and the City of
Shorewood, attached hereto as Exhibit A, and made a part hereof and the Declaration of
Covenants, Conditions and Restrictions, attached hereto as Exhibit B, and made a part
hereof.
3 . That the Mayor and City Clerk are hereby authorized to execute the
Certificate of Approval for the plat and the said Development Agreement on behalf of the
City Council.
4. That this final plat shall be filed and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat
by the Mayor and City 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 10th day of
October, 1994.
ATTEST:
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CITIES OF SHOREWOOD AND DEEPHAVEN
DEVELOPMENT AGREEMENT
R BOWMAN SECOND ADDITION
THIS AGREEMENT, made this ~day of [/~~ ' 1995,
I
by and between the CITY OF SHOREWOOD, hereinafter referred to as
"Shorewood," the CITY OF DEEPHAVEN, hereinafter referred to as
"Deephaven," each a Minnesota municipal corporation, and
RICHARD A. BOWMAN, a single person, hereinafter referred to as
the "Developer."
WHEREAS, the Developer is the fee owner in certain lands
legally described in Exhibit A, attached hereto and made a part
hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, the Subject Property is located partially within the
City of Shorewood and partially within the City of Deephaven; and
WHEREAS, the Developer has made application under the
Shorewood and Deephaven Subdivision Ordinance for City Council
approval of a single-family residential development plat of the
Subject Property, said plat to contain approximately 2.5 acres
divided into one (1) lot in the Shorewood portion and 9.18 acres
divided into one (1) lot, one outlot in the Deephaven portion and
one (1) lot located partially in Shorewood and partially in
Deephaven (the Development); and
WHEREAS, the Shorewood City Council by its Resolution
No. 94-54 adopted on June 27, 1994, has approved the preliminary
plat of the Subject Property subject to conditions; and
WHEREAS, the Developer has now submitted its final plat for
the development of the subject property, which plat is attached
hereto and made a part hereof as Exhibit B; and
WHEREAS, the Shorewood City Council by its Resolution
No. 94-83 adopted October la, 1994, and the Deephaven City
Council by its Resolution No. 1-<11' adopted ~,lp , 1995,
incorporated herein as ExhibitS-C-and D respectively, have
approved the final plat of the Subject Property subject to
conditions;
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by Shorewood and Deephaven of the final plat of
R Bowman Second Addition, Shorewood, Deephaven and the Developer
agree as follows:
Exhibit A
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1.) Conditions of Approval -
. ( 01) That Lot 3 will be accessed via Vine Street.
(02) That Lot 1 will be accessed by Manor Road.
(03) That Lot 1 shall not be resubdivided in the future.
(04) That structures built on Lot 2 will treat the
municipal boundary between Shorewood and Deephaven as a
property line, maintaining required setbacks. No structure
shall be located within ten (10) feet of the municipal
boundary line.
(05) That Lot 2 shall not be resubdivided in the future.
(06) Lot 2 will be accessed by the driveway located in
Bowman Court until such time as Bowman Court is constructed
to City of Shorewood design standards and said access to
Lot 2 shall thereafter be from the public street, Bowman
Court.
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2.) Improvements within Plat - No improvements are
contemplated to be installed within the plat at this time.
Developer acknowledges that the public street platted as Bowman
Court is not now open and is not now maintained or plowed by
Shorewood or Deephaven and that neither city has any intention or
obligation to open or maintain said street. Developer agrees that
in the event Developer constructs a sewer lateral line, such
lateral line shall be in Bowman Court and shall be constructed and
installed in accordance with engineering plans and specifications
approved by the Shorewood and Deephaven City Engineers and the
requirements of applicable City ordinances and standards, and that
all said work shall be subject to final inspection and approval by
the City Engineers of Shorewood and Deephaven. After the Bowman
Court street improvements have been completed and accepted, the
street shall be maintained and plowed by Shorewood.
3.) Replatting of Outlot A - Developer agrees that Outlot A
shall not be considered as buildable lots until such time as it is
subdivided and replatted as numbered residential lot(s). At such
time as Outlot A is replatted, Developer shall pay the full cost
for the construction and improvement of Bowman Court in accordance
with all ordinances and standards applicable to public streets
within the City of Shorewood, together with the full cost of all
other improvements which may be required by Shorewood at the time
of replatting. Developer acknowledges that it shall be required to
enter into an amended Development Agreement with Shorewood and
Deephaven at the time of replatting Outlot A and to comply with all
procedures and requirements of the Shorewood and Deephaven
subdivision ordinances then in effect.
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4.) Transfer or Conveyance of Lots and Outlots - Developer
agrees that until such time as Outlot A is replatted, Outlot A
shall not be transferred or conveyed separately from Lot 1, Block 1
R Bowman Addition; and Lot 1, Block 1 R Bowman Second Addition
shall not be transferred or conveyed separately from Outlot A.
s.) Sanitary Sewer Service - The City of Shorewood agrees to
furnish access to sanitary sewer service to the plat providing the
following conditions are met:
(01) Sewer lines shall be constructed, installed and
maintained by the Developer in accordance with Shorewood's
specifications as set forth in the City Sewer Code, and all
work performed shall be subject to final inspection and
approval by Shorewood.
(02) Developer shall be responsible for obtaining all
necessary permits and paying all Shorewood fees relating to
sanitary sewer hook-ups, including the trunk and
equalization charges, as set out in the City Sewer Code,
and any other fees which may be owed to other agencies such
as the Metropolitan Waste Control Service.
(03) Regular City sewer use charges, as established by the
City Sewer Code, shall be paid by the Developer or the
owner of the property serviced by the Shorewood Sanitary
Sewer System.
6.) Reimbursement of Costs - Developer shall reimburse
Shorewood and Deephaven for all costs, including reasonable
engineering, planning and administrative expenses incurred by the
Cities in connection with all matters relating to the
administration and enforcement of this Agreement and the
performance thereof by Developer. Such reimbursement shall be made
within fourteen (14) days of the date of mailing of the City'S
notice of costs to the address set forth in Paragraph 10 below.
7.) Disclaimer by City - It is understood and agreed that the
Cities of Shorewood and Deephaven (the Cities), their City
Councils, and the agents and employees of the Cities shall not be
personally liable or responsible in any manner to Developer,
Developer's contractors or subcontractors, materialmen, laborers,
or any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this
Agreement or the performance and completion of the work and
improvements hereunder; and that Developer will save Shorewood and
Deephaven, their City Councils, and the agents and employees of the
Cities harmless from any and all claims, damages, demands, actions
or causes of action arising therefrom and the costs, disbursements,
and expenses of defending the same.
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8.) Termination of Previous Agreements - This Agreement shall
serve to terminate and supercede all understandings, promises and
obligations of the parties to that agreement titled "Residential
Subdivision Development Agreement - R Bowman Addition" dated
October 16, 1990.
9.) Duration of Agreement - This Agreement shall remain in
effect until such time as Outlot A is replatted and until
Shorewood, Deephaven and the Developer have executed an agreement
amending or annulling this Agreement.
10.) Notices - all notices, certificates and other
communications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified, mail, return receipt
requested, postage prepaid, with proper address as indicated below.
The parties, by written notice given by one to the other, may
designate any address or addresses to which notices, certificates
or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the
respective parties, all notices, certificates and communications to
each of them shall be addressed as follows:
To Shorewood:
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
To Deephaven:
City of Deephaven
20225 Cottagewood Road
Deephaven, Minnesota 55331
.
To Developer:
Richard A. Bowman
20025 Manor Road
Shorewood, Minnesota 55331
11.) Successors and Assigns - It is agreed by and between the
parties hereto that the Agreement herein contained shall be binding
upon and inure to the benefit of the parties and their respective
legal representatives, successors and assigns.
12.) Severability - In the event any provisions of this
Agreement shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired
thereby.
13.) Execution of Counterparts - This Agreement may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one and
the same instrument.
14.) Construction This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
CITY OF SHOREWOOD
By: ~~
Its: Mayor
'VJ
Administrator
DEEPHAVEN
~ !7J -
BY:;:~ Mayor
By: .l:vndw f! =
Its: Clerk-Trea r
DEVELOPER
BY~I(~ ~~~
Richard A. Bo n
STATE OF MINNESOTA
sSG
COUNTY OF HENNEPIN
On this l2th day of /Jf;;:t/ , 1995, before me, a Notary Public
within and for said Coun y, personally appeared
RDbe,r+ K, "Rea/I, and -.::=JV\-.fl<.QS e. HOJLrt-- to me personally
known, who, being each by me duly sworn, did say that they are
respectively the Mayor and City Administrator of the City of
Shorewood, and that said instrument was signed and sealed on
be1;alf of said corporation by auth..~rity of it;.s .CitYJ~Council, and
sald -771~o y and et tK /frI{JA.A 11/ c:,~nJ. V
acknowledged aid instrument to be t e ~ree act and deed of said
corporation.
/fk=~-<jJJ
Notary Public
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this ~ day of Y~a~ ,1995, before me, a Notary Public
within and for said Cou ty, personally appeared
/Jewa.rc.L /3el?lu$ and S<1Jldnvl( i-0At-~./_~. to me personally
known, who, being each by me duly sw rn, did say that they are
respectively the Mayor and City Administrator of the City of
Deephaven, and that said instrument was signed and sealed on
behalf of said corporation by authority of its City Council, and
:~~~ow~~d~arJ~i~~~/t)rumen~n~o bf~~r:e ~~4t~deed of said
~ ~~/~~~
, ,,/ My commission expires ~ i Notary Publ it
STATE OF MINNESOTAJ~3L-OO
ss.
COUNTY OF HENNEPIN
On thisS+i-day Of/77~ ' 1995, before me, within and for
said County, personally ap ared Richard A. Bowman, unmarried,
described in and who executed the foregoing instrument and
acknowledged that he executed the same as his free act and deed.
,'. / If
~1~.~.0-~f;J;e$<r~;ciJt:~.
Notary Public .
itd'tlU;Sl:,~9.. Theresa L. Naab I
\l~ ~ Notary Publ!c-Minnesota ,
! .~. ...~ ~ HennepIn County 1
. '4'Iii".a."l ,_.,_.. My Cornmis.slon up. 1.31-00 !
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(TJK)
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Le~al Description:
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Lots 1,2 and 3, Block 1; and Outlot A; R Bowman Second Addition; and Lot 1, Block 1, R
Bowman Addition; County of Hennepin, State of Minnesota.
Exhibit A
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RESOLUTION NO. 94 - 83
A RESOLUTION APPROVING THE FINAL PLAT OF
R BOWMAN SECOND ADDmON
WHEREAS, the final plat of R Bowman Second 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 plat of R Bowman Second Addition is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement between the developer and the City of
Shorewood, attached hereto as Exhibit A, and made a part hereof and the Declaration of
Covenants, Conditions and Restrictions, attached hereto as Exhibit B, and made a part
hereof.
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3 " That the Mayor and City Clerk are hereby authorized to execute the
Certificate of Approval for the plat and the said Development Agreement on behalf of the
City Council.
4. That this final plat shall be filed and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat
by the Mayor and City 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 10th day of
October, 1994.
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AITEST:
Exhibit C
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RESOLUTION NO. 7-95
A RESOLUTION APPROVING THE FINAL PLAT OF
R BOWMAN SECOND ADDITION
WHEREAS, the final plat of R. Bowman Second Addition has been submitted in
the manner required for the platting of land under the Deephaven 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 regulations and requirements of the
laws of the State of Minnesota and the City Code of the City of Deephaven.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Deephaven
as follows:
1. That the plat ofR Bowman Second Addition is hereby approved.
2. That the approval is specifically conditioned upon the terms and conditions
contained in the Development Agreement between the developer and the Cities of
Shorewood and Deephaven, attached hereto as Exhibit A, and made a part hereof and the
Declaration of Covenants, Conditions and Restrictions, attached hereto as Exhibit B, and
made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute the Certificate
of Approval for the plat and the said Development Agreement on behalf of the City
Council.
4. That this' final plat shall be filed and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat
by the Mayor and City 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
Deephaven City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF DEEPHA VEN this 6th day of
February, 1995.
~ If!}
Ho ard F. Bennis, Mayor
ATTEST:
J2/rtdA rl1);1 (~'~/ld/& 1;
Sandra R. Langley, City C k/Tr aJurer
Exhibit D
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration, made on the date hereof by Richard A.
Bowman, ("Declarant").
WHEREAS, Declarant is the owner of certain property located
in the City of Deephaven and in the City of Shorewood, County of
Hennepin, State of Minnesota, which is more particularly described
as:
Lots 1, 2 and 3, Block 1, R Bowman Second Addition
( "Property" ) .
WHEREAS, for the benefit of the Property Declarant desires to
impose certain covenants, conditions and restrictions.
NOW, THEREFORE, Declarant hereby declares that the Property
shall be held, sold and conveyed subject to the following
restrictions, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run
with the Property and be binding on all parties having any right,
title or interest in the Property or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I
DEFINITIONS
Section 1.
Terms.
The following words, when used in this
Declaration, have the following meaning, unless the context
prohibits:
Exhibit B
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a.
"Lot" shall mean and refer to any plot of land shown upon
any recorded subdivision map of the Property.
"Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of a fee simple title
to any Lot, contract purchasers and life tenants thereof,
and lessees under a lease having a term of more than
three years, but excluding those having such interest
merely as security for the performance of an obligation.
b.
ARTICLE II
LAND USE REQUIREMENTS
Section 1. Residential Structures. All Lots shall be used only
for single-family residential purposes except that any Lot
dedicated to the public for park purposes, may be used for park
. purposes. No building or structure shall be erected, altered,
placed or permitted to remain on any Lot except a single-family
residence together with any garage, fence, patio or other structure
accessory to the residence unless first approved by the Declarant,
his heirs or assigns.
Any structure erected, placed or permitted on Lot 2, Block 1
of the Property shall comply with the applicable setback
requirements and all structures shall be located not less than ten
feet to the municipal boundary between the City of Deephaven and
the City of Shorewood.
Section 2. Area Requirements. No residence shall be permitted on
any Lot within R Bowman Second Addition unless it meets the
following requirements as to interior area:
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b.
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Section 3.
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A one-story residence must have an above grade finished
area within the main structure of no less than 2000
square feet exclusive of garage, basement, open porch or
accessory structures thereto.
A split-level residence must have an above grade finished
floor area within the main structure of no less than 2000
square feet exclusive of garage, basement, open porch or
accessory structure thereto.
c. A split-entry residence must have finished floor area
within the main structure of no less than 2000 square
feet exclusive of garage, open porch or necessary
structure thereto.
a.
A residence of more than one story must have above grade
finished floor area of no less than 1500 square feet for
the finished ground floor and no less than 1200 square
feet for all other above grade finished floor areas,
exclusive of garage, basement, open porch or accessory
structure thereto.
Easement Areas.
Easements for installation and
maintenance of utilities and drainage facilities are reserved as
shown on the recorded plat unless vacated by action of the
appropriate governmental authority. In addition, the Declarant has
executed a Declaration of Driveway Easement that, inter alia,
benefits Lot 1, Block 1, R. Bowman Addition and Lot 2, Block 1, R
Bowman Second Addition and burdens Lot 1, Block 1, R Bowman Second
Addition and Lot 2, Block 1, R Bowman Second Addition. within
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these easements, no structure, 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 easement, or
which may obstruct or retard the flow of water through drainage
channels in the easements. The easement area of each Lot shall be
maintained continuously by the Owner of the Lot except for
improvements owned by a public authority or a utility company.
Section 4. Setback. Every building, structure, or other
improvement shall be set back in accordance with the setback
ordinances, rules and regulations of the City of Deephaven or the
City of Shorewood and any other governmental body which may have
or acquire jurisdiction over R Bowman Second Addition. However,
the placement of all structures and improvements is subject to the
approval of the Declarant, his heirs or assigns.
Section 5. Access. Access to Lot 3, Block 1, R Bowman Second
Addition shall be by driveway from Vine Street, Deephaven,
Minnesota and access to Lot 1, Block 1, R Bowman Second Addition
shall be by driveway from Manor Road, Shorewood, Minnesota, until
such time as the street identified in the plat as Bowman Court is
constructed to the City of Shorewood's plans, specifications and
accepted by the City of Shorewood.
Section 6. Reolattinq and Resubdividing. Lot 1, Block 1, R Bowman
Second Addition and Lot 2, Block 1, R Bowman Second Addition shall
not be replatted or resubdivided.
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ARTICLE III
PROHIBITED ACTIVITIES AND USES
Section 1. Nuisances. No noxious or offensive activities shall
be carried on upon any Lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the
neighborhood.
Section 2. Animals. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any Lot except that dogs, cats or
other household domesticated pets may be kept provided that they
are not kept, bred or maintained for any commercial purpose.
Section 3. Garbaqe. Garbage, rubbish and trash shall not be kept
on a Lot except in sanitary containers. All incinerators or other
equipment used or kept for the storage or disposal of such material
shall be kept in a clean and sanitary condition.
Section 4. Temporary Structures. No structure of a temporary
character, trailer, basement, tent, shack, garage, barn or other
out-building shall be used on any Lot at any time as a residence
either temporarily or permanently.
Section 5. Siqns. No signs of any kind shall be displayed to the
public view on any Lot except a sign or signs not more than five
square feet advertising the property for sale or rent by the then
owner /occupant or any sign or signs used by the Declarant to
advertise the property during construction and sale of Lots.
Section 6. Vehicles. No buses, trucks, housetrailers, trailers,
unlicensed automobiles, aircraft, tractors or watercraft over 20
feet shall be parked, kept or stored on the property except on a
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temporary basis unless parked, kept or stored within an enclosed
garage.
Section 7. Tower Structures. No poles, posts, towers, or antennae
may be installed that exceed 10 feet in height except that an
outside radio or television antenna may be placed upon the roof of
a residence, providing such antenna does not extend more than 10
feet above the roof where it is located.
Section 8. Storaqe. The storage or collection or rubbish of any
character whatsoever, any material that emits foul or obnoxious
odors, the growing of any noxious weed or other natural substances,
and the harboring of the source of any noise or activity which
disturbs the peace, comfort or serenity of Owners is prohibited.
No Lot shall be used for the storage of materials not customary to
or necessary and convenient for residential living. Provided,
however, this section shall not apply to the temporary storage of
soil and building material accumulated as a result of construction.
ARTICLE IV
GENERAL PROVISIONS
Section 1. Duration. The covenants, restrictions and easements
of this Declaration shall run with and bind the land and shall
inure to the benefit of and be enforceable by the Owner of any Lot
subject to the Declaration, his or her respective legal
representatives, heirs, successors and assigns, for a term of
twenty (20) years from the date the Declaration of Covenants,
Conditions and Restrictions was recorded; after which time said
covenants, restrictions and easements shall be automatically
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renewed for successive periods of ten (10) years.
Section 2. Amendments. The covenants and restrictions of this
Declaration may be amended as follows:
a. Only the Declarant and at his discretion, at any time up
and until the last Lot in R Bowman Second Addition is
sold by him and a residence has been constructed on every
Lot.
b. From the date the Declarant sells the last Lot in R
Bowman Second Addition and a residence has been
constructed on every Lot to the end of the first twenty
(20) year period from the date of this Declaration of
Covenants, Conditions and Restrictions by an instrument
signed by not less than two-thirds (2/3) of the Owners
of the Lots; and
c. Thereafter by an instrument signed by not less than two-
thirds (2/3) of the Lot Owners.
Any amendment must be approved by the City of Shorewood and
the City of Deephaven and properly recorded.
Section 3. Enforcement. Enforcement of these covenants and
restrictions shall be by any proceeding at law or in equity against
any person or persons violating or attempting to violate any
covenant or restriction either to restrain violation or to recover
damages and against the land to enforce any lien created by these
covenants; and failure by any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
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Section 4. Variances. The Declarant hereby reserves the right to
grant a reasonable variance or adjustment of these conditions and
restrictions in order to overcome practical difficulties and
prevent unnecessary hardships arising by reason of the application
of the restrictions contained herein. Such variances or
adjustments shall be granted only in case the granting thereof
shall not be materially detrimental or injurious to other property
or improvements in the neighborhood and shall not defeat the
general intent and purpose of these restrictions. Such right of
variance shall terminate upon the Declarant selling the last Lot
in R Bowman Second Addition and residences being constructed on
each and every Lot other than Lots designated for park purposes.
Section 5. Notices. Any notice required to be sent to any Owner
under the provisions of this Declaration shall be deemed to have
been properly sent when mailed, postage prepaid, to the last known
address of such Owner appearing on the tax records of the City of
Deephaven or the City of Shorewood at the time of such mailing.
Section 6. Severability. Invalidation of anyone or more of these
covenants or restrictions by judgment or court order shall not
affect any other provision which shall remain in full force and
effect.
IN WITNESS WHEREOF, the
herein, has hereunto set its
undersigned, being the Declarant
hand and seal this _ day of
, 199
Richard R. Bowman
DK/declarat;ons/decl-bowman
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 199__ by Richard A. Bowman, single.
Notary Public
CONSENT AND JOINDER
The undersigned, First Bank, National Association, a national
banking association, as Mortgagee and holder of that certain
Mortgage dated September 2, 1992, recorded on October 15, 1992, as
Document No. 2306131 in the office of the Registrar of Titles for
. Hennepin County, Minnesota, which said Mortgage includes some or
all of the Properties described above, does hereby consent to and
.
join in the foregoing Declaration of Covenants , Conditions and
Restrictions.
IN WITNESS WHEREOF, the undersigned has caused this Consent
and Joinder to be executed this _ day of
199
FIRST BANK, NATIONAL ASSOCIATION
By:
Its:
DK/declarat;ons/decl-bowman
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The foregoing
day of
instrument was acknowledged before me this _
, 199__ by
of First Bank, National Association, a
association, on behalf of the association.
national banking
Notary Public
CONSENT AND JOINDER
The undersigned, FBS Mortgage Corporation, as Mortgagee and
holder of that certain Mortgage dated October 18, 1993, recorded
on November 23, 1993, as Document No. 2445625 in the office of the
Registrar of Titles for Hennepin County, Minnesota, which said
Mortgage includes some or all of the Properties described above,
does hereby consent to and join in the foregoing Declaration of
Covenants, Conditions and Restrictions.
IN WITNESS WHEREOF, the undersigned has caused this Consent
and Joinder to be executed this _ day of
199
FBS MORTGAGE CORPORATION
By:
Its:
DK/declarations/decl-bowman
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this ____
day of , 199__ by
of FBS Mortgage Corporation, a
corporation, on behalf of the corporation.
Notary Public
CONSENT AND JOINDER
The undersigned, City of Deephaven, does hereby consent to and
join in the foregoing Declaration of Covenants, Conditions and
Restrictions.
IN WITNESS WHEREOF, the undersigned has caused this Consent
and Joinder to be executed this ____ day of
199
CITY OF DEEPHAVEN
By:
Its:
By:
Its:
DK/dec Larations/dec L-bowman
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n ..'
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this ____
day of , 199__ by the and
, the and
of the City of Deephaven, on behalf of the City of Deephaven.
Notary Public
CONSENT AND JOINDER
The undersigned, City of Shorewood, does hereby consent to and
join in the foregoing Declaration of Covenants, Conditions and
Restrictions.
IN WITNESS WHEREOF, the undersigned has caused this Consent
and Joinder to be executed this ____ day of
199
CITY OF SHOREWOOD
By:
Its:
By:
Its:
DK/declarations/decl-bowman
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this ____
day of , 199_ by the and
, the and
of the City of Shorewood, on behalf of the City of Shorewood.
Notary Public
DK/declarations/decl-bowman
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