Chan Lakes Business Park Development CovenantsCHANHA SSEN LAKES BUSINESS PARK
DEVELOPMENT COVENANTS AND RESTRICTIONS
CHANHASSEN IAKES BUSINESS PARK, LTD., the Developer of
the premises described in Exhibit A attached hereto and made
a part hereof, to insure the appropriate land use thereof and
proper development and improvement of said premises hereby
makes this declaration for the purpose of subjecting the
premises described in Exhibit A to the covenants, restrictions,
conditions and standards herein; and the land described in
Exhibit A shall be developed and operated in accordance with
the standards so as 1) to protect the value of each building
site, 2) to insure that each site is developed with attractive
improvements constructed of suitable materials, and 3) to
provide -for the harmonious appearance and function of Chanhassen
Lakes Business Park.
NOW THEREFORE, Chanhassen Lakes Business Park, Ltd., a
Minnesota limited partnership, hereby declares that the land
described in Exhibit A hereof shall be developed and used in
accordance with the following standards and guidelines as to
each and every part thereof and shall be binding upon each
owner, and the successors in interest thereof.
SECTION I. PERMITTED USES
1.01 Uses
All commercial, office, warehousing, or industrial uses
shall be permitted except as may otherwise be prohibited hereby,
or by the zoning and land use ordinances and regulations of the
City of Chanhassen. Said zoning regulations shall govern if
inconsistent herewith to the extent actually inconsistent; but
if not inconsistent herewith, the standards herein contained
shall be considered as requirements in addition to said zoning
regulations.
1.02 Prohibitions
No noxious or offensive trades, services or activities
shall be conducted on nor shall anything be done on any site
which may be or become an annoyance or nuisance to other Owners
of the land subject hereto by reason of unsightliness or excessive
emission of odors, fumes, smoke, vibration, dirt, dust, glare,
wastes 'or noise.
SECTION II. APPROVAL OF PLANS
2.01 Submissions/Approval
No improvements shall be erected, placed or exteriorly
altered on any building site until the building or other alteration
plans, specifications, including front elevations and/or architects
rendering, a plat showing the location of such improvement on the
particular building site, including parking, loading and landscape
plans, have been submitted to and approved in writing by the
Developer, its successors or assigns, as to architectural compatibility
and harmony of external design with existing structures in Chanhassen
Lakes Business Park, as to location of the improvements on the
building site, as giving due regard to the anticipated use thereof
as same may affect adjoining structures, use and operations, as to
location of the improvement with respect to topography, grade and
finished ground elevation and as to fulfilling the purposes of
this declaration. The Developer shall not unreasonably withhold
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approval of any plans submitted pursuant hereto; provided,
however, that failure to meet the standards contained herein
shall be grounds for disapproval of any such plans. Failure
to disapprove any plans within sixty (60) days after submission
of said plans to it shall be deemed to be approved thereof.
2.02 Commencement of Improvements
Upon receipt of approval, the owner or lessee or other party
to whom the same is given shall, as soon as is practical, satisfy
all conditions thereof and diligently proceed with the commence-
ment and completion of all construction or alterations. In all
cases work shall begin within one year from the date of such
approval. If there is a failure to comply, then the approval
given pursuant to this Section shall be deemed revoked unless
the Developer, upon request made prior to the expiration of said
one year period, extends the time for commencing work.
2.03 Building Code
All improvements shall be constructed in conformity with
the existing building codes of the City of Chanhassen.
2.04 Completion of Improvements
After commencement of the construction and alterations
referred to above, the work shall be diligently undertaken so
that the site shall not remain in a partly finished condition
any longer than reasonably necessary for the completion thereof.
Completion of construction or alteration of such Improvement shall
be within two years after commencement except for so long as com-
pletion is rendered impossible or would result in great hardship
due to strikes, fires, national calamities, or other forces beyond
the control of the Owner or his tenants, agents or assigns.
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2.05 Landscaping Completion
The site shall be landscaped in accordance with approved plans
within nine (9) months of occupancy or completion (whichever
shall first occur) of the building improvement.
2.06 Non -liability
The Developer or its successors and assigns shall not be
liable to anyone in damages who has submitted plans for approval
or to any land owner by reason of mistake in judgment, negligence,
or non-feasance of itself, its agents or employees, arising out
of or in connection with the approval or disapproval of any such
plans. Likewise anyone so submitting plans to the Developer,
its successors and assigns, for approval, by submitting such
plans, and any person when he becomes an owner agrees that he or
it will not bring any action or suit to recover for any such
damages against the Developer.
2.07 Lot Subdivision
No lot shall be subdivided without the express consent
of the City of Chanhassen and the Developer or its successor.
SECTION III. IMPROVEMENT REGULATION
3.01 Setback
(a) General No structure of any kind, and no part
thereof, shall be placed on any site closer to a property line
than herein provided. The following structures and improvements
are specifically excluded from these setback provisions:
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(1) Roof overhang, subject to the specific
approval of the Developer in writing.
(2) Steps and walk.
(3) Paving and associated curbing, except that
vehicle parking areas shall not be permitted within twenty-five
(25) feet of the street or property -lines.
(4) Fences, except that no fence shall be
,placed within the street setback area unless specific approval
is given by Developer in writing.
(5) Landscaping.
(6) Planters, not to exceed three (3) feet
in height. i-
(7) Railroad spur tracks, switches and bumpers,
provided that the loczsLion of =h tracks, switches and bumpers
is specifically approved by Developer in writing.
(8) Gas and service stations including all
appurtenant uses, subject to the specific written approval of the
Developer.
(9) Displays identifying the owner, lessee, or
occupant, as approved by the Developer in writing.
(b) Setback from Interior property Lines The setback
line is established as ten (10) feet from an interior property line.
(c) Setback from Street Property Lines The setback
line is established as thirty (30) feet from a street property
line.
3.02 Excavation
No excavation shall be made except in connection with construc-
tion of an improvement, and upon_ completion thereof exposed openings
shall be backfilled and disturbed ground shall be graded and leveled.
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3.03 Landscaping Requirements
(a) Every site on which a building shall have been
placed shall be landscaped according to plans approved as
specified herein and maintained thereafter in a •.sightly and
well -kept condition.
(b) The property owner, lessee or occupant shall land-
scape and maintain unpaved areas between the property lines and
the setback lines. The first twenty-five (25) feet of the setback
from street property lines shall be used exclusively for landscaping
except for walks and driveways bisecting the required landscape
area.
(c) The property owner, lessee or occupant shall
provide hose bibs and maintenance facilities in the vicinity of
the landscaped areas.
3.04 Signs
(a) No billboard or advertising sign shall be permitted,
other than the following:
(1) Those identifying the name, business and
products of the person or firm occupying the premises, and
(2) Those offering the premises for sale or
lease when specifically approved by Developer in writing.
(b) Signs shall conform to setback lines unless
specific approval to the contrary is granted by Developer in
writing.
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(c) Signs and identification on buildings or building
sites shall only be of such size, design and color as is specifically
approved by the Developer in writing. The Developer shall, at the
Owner's request, provide sign criteria used by the Developer in
determining whether to grant sign approval or not.
3.05 Parking Areas
(a) General Adequate off-street parking shall be
provided to accommodate all parking needs for employees, visitors
and company vehicles on the site. If parking requirements increase
as a result of a change in use or number of employees, additional
off-street parking shall be provided to satisfy the intent of
this section.
(b) Parking shall not be permitted:
(1)
line.
(2)
street property line.
(3)
Between public street pavement and property
Closer than twenty-five (25) feet to a
On any public streets and roadways.
(c) The parking requirements may be modified by the
Developer as to any particular site as a precondition to plan
approval.
3.06 Storage and Loading Areas
(a) No materials, supplies or equipment, including
company owned or operated trucks, shall be stored in any area
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on a site except inside a closed building, or behind a visual
barrier screening such areas from the view of adjoining properties
and/or a public street.
(b) Loading areas shall not encroach into setback
areas unless specifically approved by Developer in writing.
(c) Loading docks shall be set back and screened to
minimize the effect from the street. Docks shall not be closer
than seventy (70) feet to the street property line, unless
specifically approved by Developer in writing. Loading will be
permitted to the rear of the setback line from that portion of
a structure not fronting a street.
SECTION IV. TERM; ASSOCIA'T.'ION; AMENDMENT
4.01 Terns
The covenants and declarations of this Declaration shall
run with and bind the land described in Exhibit A for a term of
thirty (30) years from the date this Declaration is recorded
in the Office of the Carver County Recorder, after which time
they may be extended for successive periods of ten (10) years
upon the affirmative majority vote of the members of the
association referred to in Section 4.02 hereof.
4.02 Owners' Association
Chanhassen Lakes Business Park, Ltd. shall have the right
to create a non-profit association in which all owners of each
site (as defined hereinafter) are entitled to be members. There
shall be no other qualification for membership and no costs in
its
connection therewith. The owner (or owners) of each site shall have
one vote in such association, and membership therein shall be
appurtenant to, and shall not be separated from the ownership of
any platted lot. "Site" for the purposes of this Declaration
shall be defined as any parcel of land conveyed by the Developer
herein to any one grantee for use as a building parcel, whether
a single platted lot- or more.
4.03 Transfer of Rights
Chanhassen takes Business Park, Ltd. shall have the right
to assign all of .its rights hereunder to any such association
referred to in Section 4.02 hereof or to any successor developing
all of the then unsold lots in the plat described in Exhibit A.
4.04 Amendment
This Declaration may be amended by an instrument signed by
seventy --five percent of the members of the Association referred
to in Section 4.02 hereof. Any amendment so made shall be
effective upon the recording thereof.
SECTION V. ENFORCEMENT
5.01 Abatement and Suit
The standards set forth herein shall be enforceable by the
Developer, its successors and assigns, for the maximum period
allowed by law and shall be enforceable by the Developer, its
successors and assigns, by (i) injunctive relief, prohibitive
or mandatory, to prevent the breach of or to enforce the perform-
ance or observance of these standards, or by (ii) a money judgment
for damages by reason of a breach of these standards, or (i.ii) both
(i) and (ii).
5.02 Failure to Enforce
The failure of the Developer, its successors or assigns,
to enforce any provisions of the standards contained herein upon
the violation thereof shall in no event be deemed to be a waiver
of the rights to do so as to any subsequent violation.
5.03 Seyerabil� ity
Invalidation of any of the provisions of these standards,
whether by court order or otherwise, shall in no way affect any
of the other provisions which shall remain in full force and
effect.
5.04 Attorney's Fees
In anv legal or equitable proceeding for the enforcement
or to restrain the violation of this Declaration or any provision
hereof, the losing party or parties shall pay the attorney's fees
of the prevailing party or parties, in such amount as may be fixed
by the Court in such proceedings. All remedies provided herein
or at law or in equity shall be cumulative and not exclusive.
5.05 Mortgagee's Rights
No violation of any of these Declarations shall defeat or
render invalid the lien of any mortgage made in good faith and
for value upon any site; provided, however, that any mortgagee
in actual possession, or any purchaser at any mortgagees' or
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foreclosure sale shall be bound by and subject to these Declarations
as fully as any other owner of any site subject hereto.
IN TESTIMONY WHERE -OF, Chanhassen Lakes Business Park, Ltd.,
have caused these presents to be executed this X;V' day of
1979.
CHANHASSEN LAKES BUSINESS PARK, LTD.
a Minnesota limited partnership,
By: Dunn & Curry Real Estate
Management, Inc., its
No Seal '-�neral Partner _
Q-,� �1. A
�-s 'f, '
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoijx�g instrument was ack o;aledged before me
this
d y of l a 1979, by % z
b
as � � and y
as -cam_ of Dun ' & Curry Real Esta
Management�c., a Minnesota corporation, on behalf of said
corporation as General Partner of Chanhassen Lakes Business
Park, Ltd., a Minnesota limited partnership.
Notary Public
e�9
11
The undersigned, Emmer Brothers Company, a Minnesota
corporation, as fee owner, together with Durn and Curry Real
Estate Management, Inc., a Minnesota corporation, Lake S:.san
Hills, a Minnesota partnership, Edmund B. Dunn and Elizabeth J.
Dunn,- his wife, and Fames A. Curry and Barbara W. Curry, his wife,
as contract -for deed vondors, and First Southdale National Bank of
Edina, a national banking association, as mortgagee, hereby assent
to the foregoing Development Covenants and Restrictions executed
by Chanhassen Lakes Business Park, Ltd., and hereby consent the
imposition thereof upon the land described in Exhibit A hereof,
and agree to t-"ie subjugation of said lands to said covenants and
restrictions.
No Seal
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
EMMER BROTHERS COMPANY
a Minnes-c-�a corporati
By:
its
f r and
The foreg 'ng instrument was ackno*led;ed be fo e me t is
ay of 1979 , by (,Z,
as iLr�.�:� and by ( _
as of Emmer 0rothe Co,, a (Minnesota
corpor ion, on behalf of said corporation.
"k ' VIOLA F. MaANDREW3
HENNEPIN COUNTY Notary Public
NOTARY PUBLIC-M-111NrSOTA j
NY GOMMISGION FXPInES AUG, 10, 1004
M�M� rtiV
DUNN & C RRY REAL ESTATE MANAGEMENT,
INC., Minnesota corFor t'
r
ion
,
its /l_P and
12 `
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
13
,The foregoi g instrument was acknow,,�edged before e this
day o f�. 1979, by
as and by
as �_ of Dunff & Curry Real Estae
Managem(int,c , a Minnesota corporation, onbehalf of said
corporation.
•-��%;` ARLYNE F. PORTER
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY Fotary Pu ll.c
My Commission Expuos May?. 1984 1
LAKE SUSAN HILLS, a Minnesota
partners' ' p
By•
Edmund B. Dunn, Partner
STATE OF MINNESOTA)
. ) ss.
COUNTY OF HENNEPIN)
/ The forego ng instrument was acknowledged before me this
' day of Z�
Z , 1979, by Edmund B. Dunn, a partner
i Lake in Susan Hilils, a Minnesota partnership; on behalf of said
partnership.
ARLYNE F. PORTER _-s_ - T• .����,�
i;t!1 NOTARY PUBLIC - MINNESOTA � Not PulS is
HENNEPIN COUNTY
`"k-N-V My Commission Expucs May 7. 1984
Edmund B. Dunn.
STATE OF MINNESOTA) y -
) ss.
COUNTY of HENNEPIN)
The forego:ng instrument was acknowledged before me this
day of (,L�-� .� tom, 1979, by Edmund B. Dunn and Elizabeth J r
Dunn, his wife.
ARLYNE F. Pc�fiTsrR
�I NOTARY PIL
t, J13LIC • MINNLSOTA ^G. �f? �h r 1
HENNEPIN COUNTY Notary Public c�
,.. My (o:nm union [xpli�y hiay 7, 1DA4
y.r�N40M:CNJ.►o��d+iJIIN�� t 13
mes A. Curry
Barbara W. Curry
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
YA The foregoi instrument was acknowledged before me this
/-6 day of �'.��� 1979, by James A. Curry and
Barbara W. Curry,this wife.
ARLYN=PORTEFR
NOTARY PHENNyCommiss+top
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
Notary Public
FIRST SOUTHDALE NATIONAL BANK OF
EDINA, a national banking
association,
By: /
its Urc 0 /75/«2!- and
its
The foregoin instrument was ackT:L edged before me this
day of 1979 , by ,{����;>t- •S,!_L.�>
as e. Qcrs.«1.� and b,r
as �v :;-�f 1� ='ct �rd�: x_ of First southdale National Bank
of Edina, a national banking association, on behalf of said
association.
Jam,
ROLAP D r11. 110 T�
I
'i N1
``'' Notar Public
e ROTARY PUGI.IC-t! *W1E.SOTA r
� ��•� Hl:r;r�el'lil county Y
h1y Commission Cxpires h17r. 1?., 1986
x vvvv�vtiv�n��`hv�•�vv.wvw�v'rvvw �
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Lots One (1) through Ten (10), Block One (1); Lots One (1)
through Five (5), Block Two (2); Lots One (1) and Two (2)
Block Three (3); Lots One (1) and Two (2), Block Four (4);
and Lots One (1) through Eleven (11), Block Five (5), all
in CHANHASSEN LASES BUSINESS PARK, according to the plat
thereof on file and of record in the Office of the County
Recorder, Carver County, Minnesota.
II -",)A
3 �4 # V
OFFICE OFO UNTY D'
R
tco ER
RESOTA,
STATE OF ;NN
C'SVER
Y reify that the within instrument
this cT-e 2P the
'
Z --A-D. oclock
3.du"'Y in book
-ga
EXHIBIT A