Woodside Acres Addition

RECITALS
WHEREAS, Declarant is the owner of real property located in the State of Minnesota

and County of Polk and legally described as:
---Lots 1 to 21, Woodside Acres Addition, Polk County, Minnesota.--- (hereinafter referred to as the “Property”).

WHEREAS, Declarant desires to convey the Property, or portions thereof, subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth.

NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold, and conveyed, subject to the following covenants, conditions, restrictions, and provisions all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property. Declarant further hereby declares that these covenants, conditions, restrictions, and provisions shall run with the Property and shall be binding on all parties who acquire any right, title, or interest in the Property or any part thereof and shall inure to the benefit of each owner thereof. The covenants, conditions, restrictions, and provisions are as follows:

Section 1. Definitions. Unless the context indicates otherwise, the words used in this declaration shall have their normal, ordinary meanings.

Section 2. Land Use and Building Type. Improvements to the Property shall be used exclusively for storage purposes and residential purposes by a single family, if allowed, now or in the future, by the local zoning ordinance.

Section 3. Minimum Requirements/Limitations. If a lot is used for a residential purpose, the following shall apply: Single-story homes shall have a minimum of 1,500 square feet on the main level, exclusive of the attached garage. Two-story homes shall have no less than a total of 2,000 square feet, exclusive of any attached garage. Split-level homes shall have a minimum of 2,000 square feet, exclusive of attached garage. No residence is to exceed two and half stories in height and must have an attached garage.

The exterior portion of all buildings erected on any lot shall be completed within 12 months from commencement of construction or issuance of building permit, whichever occurred earlier.

No more than two (2) accessory structures shall be permitted on each lot if used for a residential purpose. For purposes of this declaration, an accessory structure includes structures like a storage building, a shop, a garden shed, and the like.

Section 4. No Subdivisions. No lot shall be subdivided.

Section 5. Temporary Structures. No temporary structures, including, but not limited to, mobile homes, or trailers shall be permitted to be erected or placed on a lot, except for job or construction trailers that are in use during construction of a new residence.

Section 6. Home Types; Recreational Vehicles; Commercial Vehicles. No trailers, mobile homes, double wide trailers, and/or manufactured homes shall be placed on any lot. Modular homes constructed according to the International Residential Code are permissible. No residence shall be relocated onto any lot. Notwithstanding the foregoing, storage of a recreational motor vehicle shall be allowed.

Section 7. Nuisances. No noxious or offensive activity shall be carried out on any lot, nor anything done on any lot which is or may become a nuisance to neighbors or the neighborhood. Noxious weeds and other rank growths of vegetation are hereby declared a nuisance and prohibited on the Property.

Section 8. Animals. No livestock, poultry, or pigs, or similar animals may be raised or kept on the property for any purpose.

Section 9. Repair of Buildings. No improvement constructed upon the Property shall be permitted to fall into disrepair, and each such improvement shall at all times be kept in good condition and repair and adequately painted.

Section 10. Wood Burning Stoves Prohibited. No wood burning stoves, or the like, shall be permitted on any lot.

Section 11. Term. These covenants, conditions, restrictions, and provisions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the effective date of these covenants.

Section 12. Amendment. As to unsold lots, Declarant (or their successors) shall have and do now reserve the right at any time, without the joinder or consent of any other party or entity, to amend these restrictions or provisions by an instrument in writing duly signed, acknowledged and filed for record in the Office of the Recorder of Polk County, Minnesota, so long as such amendment will not be inconsistent with the covenant, restrictions, conditions, and provisions contained herein.

Section 13. Enforcement. Enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.

Section 14. Severability. Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect.

Section 15. No Liability. Owners of the Property, or any portion thereof, have no recourse against Declarant (or their successors) as a result of any failure to enforce these covenants, conditions, restrictions, and provisions.