C)                “Lot” shall mean and refer to one or more platted lots located in the Property and any additions, except Out lots.

 

D)                “Declarant” shall mean Rodney Dragsten.

 

E)                 “Garage” shall mean an attached, minimum of three-car garage.

 

2)                  Designation of Use

 

All lots shall be known and described as Residential Lots, except Outlots, and shall not be          improved, used or occupied for any purpose other that private residential purposes.

 

 

 

3)         Building Types

 

No building or structure shall be constructed, altered, or maintained on any Lot other than one detached single family dwelling with a private garage and an outbuilding which meets county of Sherburne County  requirements and is constructed of materials and is of the same color as that of the construction of the single family dwelling thereon. Manufactured home or homes to be moved onto a site is prohibited.

 

4)                  Architectural Control

 

No building or structure of any kind, nor any addition or alteration thereof, shall be

constructed, altered or maintained on any lot, or portion thereof, unless or until detailed plans,

specifications, proposals site plans, and Certificate of survey showing the building location (hereinafter

collectively referred to as the “Plan”) shall have been filed in writing with and shall have been approved in writing by Declarant.  The submitted Plans shall contain details of design, elevation, site grade, fencing, location, and dimensions of structures, walks, and driveways and shall also state the type of construction and materials to be used in the construction.  Declarant shall not unreasonably withhold approval of any Plans submitted pursuant hereto; provided however, that failure to meet the covenants, restrictions, and conditions contained herein shall be grounds for Declarant’s reasonable disapproval of such Plans.  Failure to Declarant to disapprove Plans within (30) thirty days after submission of said Plans should be deemed to be approval thereof.  Declarant shall not be liable to anyone in damages or otherwise, who has submitted Plans for approval, or any Owner by reason of mistake and judgement, negligence, or nonfeasance of Declarant, Declarant’s agents or employees, arising out of or in connection with the approval or disapproval of any such Plans.

 

 

Plans approved by Declarant shall permit the Owner of a Lot to construct in accordance with said Plans and in conformity with the applicable codes of the Livonia Township, Sherburne County, Minnesota.  Tree and dirt removal, excavation or construction shall not be commenced until approval therefore has been received from Declarant in writing or in the form of an approval signature upon said Plans.  All buildings, structures or improvements must be completed within (9) nine months of the approval of commencement of construction by Declarant; otherwise, all approvals become null and void.

 

Any deviation in construction on any Lot from approved Plans, which in the sole judgement of Declarant is of substantial detriment to the appearance of the structure of the surrounding area, shall be corrected by the Owner to conform to the approved Plans, all such corrections to be at the expense of the Owner of that Lot.

 

Declarant may, at its option, transfer it approval authority under this paragraph to a representative committee of Owners at any time.  Such committee shall consist of three Owners and shall be appointed by Declarant.  Upon appointment, such committee shall exercise all approval authority granted under this paragraph, and shall also fill any vacancies, which may from time to time occur in the committee.

 

 

F)                 Size - The size of any building or structure exclusive of one story open porches, basements and garages shall be:

 

5)                  A rambler structure, not less that 1,500 square feet on the main floor, including walls.

 

6)                  A modified two story structure, not less than 1,800 square feet and not less than 1200 square feet on the main level.

 

7)                  A story and one-half structure, not less than 1,200 square feet on the main floor.

 

8)                  A two story structure, not less than 1,050 square feet of foundation.

 

9)                  A multi-level structure, not less than 1,300 square feet of foundation

 

 

 Architectural Committee will have sole discretion to approve or deny plans presented.

 

G)                Color - All structures constructed on any Lot shall be natural wood, white, gray, or, in the sole discretion of Declarant, reasonable colors.

 

H)                Design - All structures shall be designed and construction with a minimum of 6 /12 pitch roof.

D)        Shingles- shingles to be architectural

 

E)        Garage - All structures shall have an attached, minimum of three-car garage consisting of 650 sq. ft. Minimum.

 

F)         Fences - All fences must be approved by Declarant.

 

G)        Exterior - All structures must be constructed with low maintenance exterior (cedar is acceptable).  Vinyl siding will be allowed, however the siding must be .044 thickness minimum.  The front of the home will require 1/4 brick or stone.  A front porch or similar will reduce the brick or stone requirement.

 

H)        Windows - All structures must be constructed with low maintenance windows.

 

I)         Accessory Buildings - An accessory building must be approved by architectural committee.  Architectural plans showing placement of building on site along with size and construction materials.  Accessory buildings must match color of residence, similar quality and style.  Size of accessory building will depend on placement on the lot, landscaping and overall quality.      The exception is that lot 7 block 1 may only build within the 66ft wide area that meets all setbacks.  No variances will be granted by the Sherburne county planning commission.

 

J)         Building Height - No building or structure shall be constructed, altered, or maintained on any Lot which is more than two stories in height from ground to eave line.  For purposes of building height, an exposed walk out basement shall not be considered as part of the first story of a building structure.  Certain Lots with suitable topography and architectural design may be evaluated by Declarant to consider any exception to this covenant and restriction.

 

10)              Temporary Structure or Equipment

 

No building or structures of temporary character and no trailer, basement, tent, garage or

out building shall be used at time as a residential dwelling on any Lot either temporary or

permanently.  No detached building shall be allowed for commercial storage.  No commercial vehicle, tanks, or commercial equipment of any kind shall be located, stored or parked on any Lot.  Any and all work vehicles must be stored inside a garage.  Motor homes and camper trailers may be parked outside in an area provided on the side or rear of the home.

 

 

7)          Landscaping: Seed/Sod

 

All lots must be seeded or sodded in the front within 12 months of occupying the home.   All front yards must be mowed to the street.

 

No Driveway culvert inlet exit or any sloping may be modified or changed.  The slopes must be maintained at a 4 to 1. A township permit is required.

 

 

No signs of any kind shall be displayed in public view on any Lot except a house number

sign, or name sign, of not more than one square foot, except one sign of not more than six square

feet advertising the Property fro sale or for rent; provided, however, that this shall not apply to

advertising signs placed on any Lot by Declarant.

 

 

No noxious or defensive activity or odors shall be permitted on or to escape from Lot, nor

shall anything be done thereon which is, or may become an annoyance or a nuisance, either

temporary or permanently.  No motor sport or motocross type race tracks may be constructed. No                                Unlicenced vehicles are allowed.

 

11)       Household Animals

Only common household pets, such as dogs and cats, shall be permitted to be kept on

any Lot.  No more than 2 Dogs / 2 Cats per household.

 

 

Easements for installation and maintenance of utilities and drainage facilities are

reserved as shown on the recorded plat of the Property.  The Owner or occupant of a building shall

at the Owner’s expense keep and preserve that portion of the easement within the Owner’s

property at all times in good repair and condition, and shall neither erect not permit erection of \

any building or structure of any kind nor permit any growth of any kind within said easements

which might interfere with the use and patrolling of any utility service and drainage located in the

easement.        

 

If any party shall violate any of the covenants, conditions or restrictions contained herein, it shall be lawful for Declarant, or any other Owner owning Lots in the subdivision, and any additions thereto subject to the protection provided herein, to prosecute proceedings in a court of law or in equity against the person or persons violating or attempting to violate any such covenants, conditions or restrictions, to either prevent such violations or to recover damages for such violations.  Declarant shall not be obligated to enforce any covenant, restriction or condition set forth herein.  Declarant shall have the sole options to determine whether or not Declarant shall enforce any covenant, condition or restriction contained herein.

 

 

 

Declarant reserves the right to add additional land and plats to the Property subject to this

declaration.

 

 

In the event any covenant, restriction or condition contained herein shall be held to be

invalid, the same shall not affect, in any respect whatsoever, the validity of the remaining

covenants, restrictions or conditions contained herein, which shall remain in full force and effect.

 

 

                                         Oak Wilt has been discovered in The Ridges of Livonia.  Steps have been taken to

                        help prevent  the spread of oak wilt.   In order to prevent further spread of this disease contact the    Sherburne County Forester before removing or trimming your trees.

The Blanding Turtle is prevalent in the area.  The Blanding Turtleislaying eggs in June and July.  They are also very active during the months of September and October preparing for winter hibernation.  Please be on the watch for the turtle all the time but especially during these active times.  Preservation of the Blanding Turtle is appreciated.

The Declarant has incorporated outdoor lighting withing the development as an amenity for all lot owners.  Each lot owner is responsible for payment, to the owner (Connexus Energy) of the Outdoor Lighting System, of monthly Energy & Maintenance Fee.  The amount of the monthly Energy & Maintenance Fee will be established by Connexus Energy and may be adjusted periodically.  The Energy & Maintenance Fee will be prorated between the 38 lots in the plat, and each lot owner will be responsible for payment of 1/38th of the Energy & Maintenance Fee.  The monthly Energy & Maintenance Fee will be billed by Connexus Energy, and will be included on each lot owner’s monthly utility bill.  Payment of the monthly Energy & Maintenance Fee is subject to the terms set forth in Connexus Energy’s Rate Book.

 

IN TESTIMONY WHEREOF, Rodney Dragsten, has executed the Declaration the day and year first above written.

 

 

____________________________________

Rodney Dragsten

State of Minnesota       )

         ) ss.

County of Wright    )

 

The forgoing instrument was acknowledged before me on this________ day of ______________.

 

 

 

 

____________________________________

Notary Public

 

 

 

Lots 1 through 13 Block 1

Lots 1 through 18 Block 2

Lots 1 through 3 Block 3

Lots 1 through 4 Block 4

 

All in Ridges of Livonia

 

 

 

                                Drafted by : Rodney Dragsten

                                                    P.O.Box 312

                                                    Monticello Mn. 55362