WHEREAS, Patrick M. Baker and Debera M. Baker, husband and wife, have caused to be platted certain lands | Section Twelve (12), Township One Hundred Nine (109) North, Range Twenty-Six (26) West, LeSueur County, Minnesota, as Bakers Bay Estates, as shown by the plat thereof on file in the office of the LeSueur County Recorder;
And,
WHEREAS, Patrick M. Baker and Debera M. Baker, husband and wife, desire to impose certain covenants and restrictions regulating the use of lots contained within said Bakers Bay Estates;
NOW THEREFORE, Patrick M. Baker and Debera M. Baker, husband and wife, do hereby impose upon and charge Bakers Bay Estates with the following covenants and restrictions:
PART A: RESIDENTAIL AREA COVENANTS AND RESTICTIONS
A-1. Lots may only be used for purpose classified as general residential by the present LeSueur County Zoning Ordinance and not for commercial endeavors.
A-2. All dwellings shall meet all relevant requirements of the present LeSueur County Zoning Ordinance.
A-3. 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 1,400 square feet of living area on the main floor; split level homes 900 square feet; two-story homes 850 square feet. All roofs must have a minimum 6/12 pitch and may not be of metal construction unless designed as residential roofing having an appearance similar to conventional residential roofing. The front of all dwellings shall have minimum of 1/3 be bring or stone.
A-4. No outbuildings whatsoever shall be constructed except a gazebo, small storage shed of no more than 16 square feet, or garage no larger than 1,200 square feet. All garages must be sided in the same manner as the main residence and have sidewalks of no more than 12 feet. No outbuildings shall be constructed in the front yard.
A-5. All structures must be completed within one year from the start of construction.
A-6. No old or used dwelling or building shall be placed or permitted to be moved on any lot.
A-7. No structure of a 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.
A-8. No basement home shall be constructed and all basements shall be completed into a full size dwelling within one year of the commencement of construction.
A-9. No mobile homes, double wide dwellings, modular or prefabricated homes, farm machinery, junk cars, or inoperable cars shall be placed on any lot.
A-10. Operable and currently licensed boats, motor homes, campers, and 5th wheeler trailers may be parked on a lot provided they are not used as a residence and provided they are no parked in the front yard for extended periods.
A-11. Except during actual construction, all lots must maintain grass cover. Grass cover must be restored as soon as practical following construction.
A-12. 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.
A-13. 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.
A-14. No sign of any kind shall be displayed on any lot except a sign of 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 property.
A-15. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except up to two dogs, cats or other household pets other than exotic animals may be kept provided they are not kept, bred, 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.
A-16. 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.
A-17. No activity may be conducted on any lot which results in the pollution of any waterway or water body.
A-18. 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.
A-19. Notice is hereby given and acknowledged by each lot owner that the surrounding area is agricultural in nature and in use and will continue to be so, for the indefinite future. Agricultural uses are not always compatible with rural residential living, including but not limited to spraying of chemicals and pesticides, applying fertilizer, road use for slow moving and over-sized vehicles creating dust, noise and vibration, and the seasonal extended hours of operation, all of which may not be appreciated and all who determine to live here do so with such knowledge and acceptance of the same.
A-20. Owners must have developers approval of architect design of dwelling before building.
PART B: GENERAL PROVISIONS
B-1. TERM. 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.
B-2. 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. All attorney’s fees and costs shall be paid by the person or persons violating the covenants or restrictions.
B-3. SEVERABILITY. Invalidation of any one of these covenants or restrictions be judgement or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect.