HANDOUT 03-13-2006
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Pinewood
~t' cU-LlflC~OUJ
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(PROTECTIVE CONVENANTS)
Know All Men By These Presents, That Thomas Noon and Jane Noon presently
the owners and proprietors of all of the lots in Pin~wood
" a, platted
subdivision in the C'ity of Elk River, 'in the County of Sherburne and State' of
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Minnesota, according to ~he plat and survey thereof on file and of record in the
office of the ~eg~ster of ,Deeds in and for s~id County, and State (hereafter
referred to as "Subdivi,'sion"), have declare.d and by J;h.ese presents do declare that
all of the t+acts in the subdivision are, and for a period of time hereinafter
stated shall be, subject to the following protective covenants, restrictions and
servitudes, and that every subsequent owner of said lots shall be,bound to said
covenants, restrictions and servitudes, and shall accept title thereto.
1. Land Use and Build~ng Type. Each lot shall be used exclusively for
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shall be erected,,' altered, placed or permitted
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t..~ re~in..<;Jn ~?y lot: o~h~r J:b.!in one deUched Ilingle fa,q1ily.dwelling, and
garage for not more than three cars.
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2; Architectural Control. No building shall be erected; placed or altered
tm any lot until the construction plans and specifications and the plans showing
the location of the structure have been approved by the ~rchitectural Control.Committee
as to quality 'of workmanship and materials, ha~ony of external design with existi~g
structures, and as to rotation with respect to, topography and fin'ahed grade elevation.
No fence or wall shall be erected, placed or altered 'on the lot nearer to any Street
than a~proved by this Oommittee.
3. Quality and Size. All structures s.hall be of new construction. The ground
floor area of the main stru~ture exclusive of open porches and garages, shall be not
~ less th~uare feet for one story building. Any va~iance must be approved by
''the Architectural Co~trol Committee. ,,_,_
4. Building Location. ,No builc;lings ~h811 be located unless approved by 'the
Architectural'Co~trQl C~mmittee. The committee may permit the location of smail
structures such as play houses and small garden tool houses, and boat houses', 'Bnd
screen houses.
5. Lot Area and Width. No single family dwelling shall be erect~~
placed or permitted on the building site which has an a~ea of less than ,
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,/ square feet. 'No'lot shall be replatted, 'roarranged or r~subdivided without the
consent of the Architectural Control Committee.
6. Easements., Easements for the i~stallation and maintenance of utilities
are r~served ss designated on tb~ plat and no trees or shrubs are to be planted
o. maintainec' on the utility easeDlent 'except at the owner's risk.
7. Nuisances. No nDxious ~r Dffensive tr~de Dr activity shall be carried on
upon any lot, nor shall anything be dDne thereon which may becDme an annoyance to
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the ~eighborhood.
NP poultry, livestock Dr an~mals may be kept upon any lot except'
tWD dogs or one c,at per residen~e. No accumulation' of Junk, Ilarbage or debris may
be maintained on an! IDt. No trailer house, trav~l trailer, buses, trucks, or ju~k
,cars 'are allowed on premises unle!,s properly garage,d.
8. Temporary 'Structures. ,No ~tructur~ Df a ,temporary nature, such as trai~er
house, camping truck, baseme~,t, ,ten,t';' shack" garage, barn, OL\t-~ouse". or other
buildings shali he llsed o,n any lot at any' time as a resid~nce eithe~ tempDrarily
or permanently, n9r shall a structure ,to be 'used as ,a residence be moved upan any
lot. All structures sha~l be comp~eted and finished on the exterior within nine
months after commencement of the excavation of cDnstruction ,thereDf, and before ~he
structUFe shall be used as a 'residence.
9. Gra~ing, Wells and D~sposal SYBte~. ~o s04, flll, sand Dr grav~I'8hal1
be sDld o~ removed from any lot extept w~th consen~ of the Architectural Control
Committee. Excess soi~ from excavation shal~ not be stored ~pon any lpt and will
be delivere~ to such a point in the, subd~viston as may be directe~ by the Archite~tura
Control Committee. All lots shall be graded and maintained efter con~truction is
completed. Each dwelling shall be served with water and septic tank or disposal
systems to c;omply' with public 'health standards at ,the time of occupying the dwidling.
Installation of individual wells and disposal systems shall require the approval of
the Architectural Control Co~ittee BS to lacation on each lot and w~th relation
to similar installations on adjoining tots, and to relatilJn to a central well i~
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a central water ~yst.em should be installed,.
10. Architectural Control Committee~ The Archite~~ural Controi Committee is
composed of 'Thomas Noon and 'Jane Noon, and one'member appointed by them. ~ majority
af the Co~ittee ~y desi~nate a rep~esentBtive to act for it. In the event of"
dea'tb or' resig~tion 'oJ; any memJ1er of, the Committe,~, ,the remsin:lng members shall
have full authority to desif;nate a successor. Neither the members of the COllll!littee
nor its designated representative. shall be ,entitled to any compensation for
services performed pursuant to the covenant. The Committee shall have the ri~ht
and duty to plan orderly developm~nt of the subdivisions, and provide for the
safety of the residents.
11. It is the express intent of the owners to add a second phase of lots
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and a second phase golf course tl' the land El'butting the subjec't Pinewooc!
. i' Shol.l<! such a project loucome a realit)', the owners agree to abide by a
similarly structur~ set of Protective Covenants to these herein, thereby maintain
quality control of all lots in all phases of Pinewood,
It is the
express intent' of the owners to provide, all buyers or lots a preferential right to
'purchase golf course memberships or ,'lher' club membership prior to the sale of
similar rights to the general public. ThiR is not meant to imply a different pr~ce
for such membership, only that lot buy~rs are assured of tl;1.e fir!lt opportunity to
purchase same at fait market rates.
12. Procedure of the Committee. Tht! Committee's approval or disapp.roval .as
required in these covenants shall be in writing. In the event the Committee or it~
designBLe'd' ''reprelle11tative- fails to approve o.r disappr,ove withi~ 3.0 days after plans
and specicifications are submitted to it, or in any event, if no suit to enjoin the
construeti~n has been commenced pri~r to the completion thereof, approval will not
be required and the related cov~nants shall be deemed to have.been fully complied
with.
13. Term. Theae G.!iI\\I.e'Ra'J!l.ts are to run with the la.nd and should be b.inding on
all parties and all tbe persons 'claiming under them for a period of 30 years from the
date these covenants. are filed ~~ ~ecorped, af~er which said covenants shall be
automatical~y extended for successive periods of 10 years unless an instrument
signed by the majority of the then owners of the lots has been filed or recorded
agreeing to change said covenants in whole or in part.
Signed -~for;-;;-a-notary -pub,l"ic of the
county of Sherburne July 9, 1980.'
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''''''''';: F . . GONGOLL
~/4" .!J I N' r ':-L3L1C ~ rAlNNESOTA
\~ c iBURNE COUNTY
, M~' - ;:;sl..,n.E:lp""Hi fBb. B. 1983
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