KNOW ALL PERSONS BY THESE PRESENTS, That Patrick M. Baker and Debera M. Baker, husband and wife, fee owners of Lots 1 and 2, Lots 4 through 7, and Lots 9 through 24, and outlet A, Block 1; and Lowen D. Richter and Dorothy M. Richter, husband and wife, owners of Lot 3, Block 1, and Chad W. Christenson and Jill L. Christenson, husband and wife, owners of Lot 8, Block 1, Bakersfield, Le Sueur County, Minnesota, have declared that the said numbered lots in Subdivision are and for the period of time hereafter stated shall be subjected to the following defined protective covenants and restrictions and shall accept title subject thereto.
1. PURPOSE. The following covenants and restrictions shall apply to all of the lots described above. The said owners are desirous of creating protective covenants and restrictions affecting all of the lots and block in said Bakersfield to insure the use of the property for attractive residential purposes and to maintain the desired tone of the subdivision.
2. ARCHITECTURAL APPROVAL. All plans shall be submitted to the Architectural Committee prior to construction. The Committee's purpose shall be to assist each homeowner in building a home that will insure an orderly design of homes in the Subdivision and protect the integrity of home located in the Subdivision. The Committee shall be comprised of Patrick M. Baker and Debera M. Baker. After completion of the final home, the homeowners of the Subdivision may continue the Architectural Committee in any form and manner as they shall determine.
3. BUILDING USE, TYPE AND SIZE.
a) No lot in the development shall be used except for residential purposes.
b) All dwellings shall have frost footings and continuous permanent, perimeter foundations constructed of concrete block, concrete or treated wood. Minimum foundation size shall be: rambler style homes 1,600 square feet on the main floor; split level homes 1,100 square feet; two-story homes 1,500 square feet. The square footages do not include basement or garages. Garages must be a minimum of two car capacity and must not have garage doors more than nine (9) feet high.
c) Each house erected upon any lot shall be of new construction and erected on site. No house may be moved onto any lot from a different site. No modular homes, panelized packages, sectional homes, geodesic homes, basement homes, earth homes, double wide mobile homes or the like may be placed in the development. No structure of temporary character, tent, shack, garage, or outbuilding shall be placed on any lot at any time as a residence except during construction of the main residence.
d) There is a minimum roof pitch of 6/12 unless unless otherwise approved by the Architectural Committee.
e) All dwellings and garages must be erected with a high quality of workmanship and of new material as set forth:
i) EXTERIOR FRONT ELEVATION must include one-third (1/3) brick or stone and some architectural detail (i.e. frieze board, dentil molding, crown mold, shutters, wide casing around windows).
ii) ROOFS shall be covered with asphalt or composition shingles or materials of similar nature that gives a shake or multidimensional appearance or original cedar shakes.
iii) SIDING material should be steel, fiber cement (e.g. Hardi Plank) or stucco. Vinyl siding is not permitted.
f) Each driveway shall be surfaced with either poured concrete, pavers or bituminous within one year of completion of home. Pavers, stamped concrete or exposed aggregate driveways are encouraged.
g) All structures must be completed within one year from the start of construction.
4. PETS. Pets and runs must be completely screened from street site by shrubbery or decorative fence. No animals, livestock or poultry of any kind shall be raised or kept on any lot except that dogs, cats or other household domestic pets may be kept, provided they are not kept or maintained for any commercial purpose. Each lot or household may not have more than two dogs and the dogs are not allowed to run at large.
5. STORAGE SHEDS, GARAGES AND FENCING. No outbuildings whatsoever shall be constructed except a gazebo or small storage shed of no more than 160 square feet, or unattached garage no larger than 1,200 square feet. All garages must be sided in the same manner as the main residence, with matching brick or stone, and have sidewalls of no more than 12 feet. No outbuildings shall be constructed in a front yard. Privacy fences must be confined to rear or side yards and not exceed six feet in height. Chain link fencing other than for pet kennels and runs is not allowed.
6. YARD DECORATING. Decorative drive and/or small yard lights are encouraged.
7. SIGNS. No sign of any kind shall be displayed on any lot except a sign not more than 5 square feet advertising the sale of any lot. At the discretion and cost of all the owners an identification sign may be placed at the entrance of the subdivision.
8. LOT MAINTENANCE.
a) Except during actual construction, all lots must maintain grass cover. Grass cover must be restored as soon as practical following construction.
b) All lots upon which there is no construction commenced or completed shall be maintained by the owner, including lawn mowing to keep the grass at a reasonable height.
c) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary conditions.
9. PERSONAL PROPERTY. Farm machinery, junk cars, or inoperable cars shall not be placed on any lot. Operable and currently licensed boats, motor homes, campers and 5th wheel trailers may be parked on a lot provided they are not used as a residence and provided they are not parked in the front yard for extended periods.
10. PROHIBITED ACTIVITIES.
a) No 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.
b) No activity may be conducted on any lot which results in the pollution of any waterway or water body.
c) No lot owner shall alter the natural topography of the ground in such a manner as to prevent, alter or obstruct the natural flow and drainage of water.
11. DURATION. These covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them from the date these covenants and restrictions are recorded unless an instrument signed by a three-fourths 3/4 majority of the then owners of the parcels has been recorded agreeing to change or amend them. Any individual parcel owner is entitled to only one vote per parcel as to the matter of changing or amending any covenant or restriction.
12. ENFORCEMENT.
a) Enforcement of these covenants and restrictions shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants or restrictions.
b) If any party shall violate or attempt to violate any covenants or restrictions, it shall be lawful for any party or parties of interest in any parcel to institute and prosecute proceedings at law or in equity against the parties violating or attempting to violate these covenants or restrictions.
c) All attorney's fees and costs shall be paid by the person or persons violating the covenants or restrictions.
13. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgement of Court Order shall in no way affect any of the other.
14. DISCLOSURE. These Covenants and Restrictions also serve as disclosure to all purchasers of lots in the Development that there is an active crop farm directly to the west of the Development, and that normal noise, dust and activity associated with such farming practices may be noticeable during certain times of the year.
IN WITNESS WHEREOF, the owners have executed this instrument at Mankato, Minnesota, this 28th day of February, 2007.
Signed by: Patrick M. Baker Debera M. Baker
This instrument was drafted by:
David A. Salsbery (95321)
FARRISH JOHNSON LAW OFFICE
1907 Excel Drive
PO Box 550
Mankato, MN 56002-0550
Telephone: (507) 387-3002