Big Dog Land Development LLC

Offering Beautiful Lake Shore and Back Lots as well as Rental RV Lots on the Pristine Shores of Lake Traverse.

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Lake Traverse Estates
Protective & Restrictive Covenants
 
 
      Big Dog Land Development, LLC, a limited liability company under the laws of Minnesota, the owners of the following property situated in the County of Traverse, State of Minnesota, hereby makes the following declarations, conditions and restrictions as to the use which the lots or tracts constituting the property may be put.  These conditions and restrictions shall constitute Covenants to run with the land as provided by law, and shall be binding upon all owners of the tracts, lots or parcels and all persons claiming under them, and for the benefit of, and the limitations on, all future owners of said property, these Covenants, Conditions or Restrictions being designed for the purpose of insuring the use of this property for attractive residential and recreational purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, and to maintain the desired tone of the area, and thereby to secure to such lot owners the full benefit and enjoyment of his or her home, with no greater restrictions on the free and undisturbed use of his or her lot than is necessary to insure the same advantages to other lot owners.
 
      These Covenants are to run with the land and shall be binding on all parties, and all persons claiming under them until April 1, 2012, at which time, said Covenants shall be automatically extended for successive period of five years, unless 80% of the lot owners agree to change said Covenants in whole or in part.  Notice of siad Amendments or termination shall be filled with the Traverse County Recorders Office.
 
      1.      PROPERTY LEGAL DESCRIPTION.  Lots 1 through 22, Block 1, Lots 1 through 5,
               Block 2, Outlot A, Lots 1 through 8, Block 3, Lots 1 through 9, Block 4, Lots 1 and 2,
               Block 5 and Outlot B, Lake Traverse Estates, Traverse County, Minnesota.
     
      2.      EXCEPTION:  Outlot C and Outlot D, Lake Traverse Estates, Traverse County,
               Minnesota are excluded from these covenants with the exception where they are
               specifically included in the covenants herein.
 
      3.      ENFORCEMENT.  Enforcemnt shall be by proceedings at law or in equity against any
               person or persons violating or attempting to violate and Covenant or Restriction either
               to restrain violation or to recover damages.
 
      4.      SEVERABILITY.  Invalidation of any one of these Covenants or Restrictions by
               judgement or court order shall in no way affect any of the other provisions, which shall
               remain in full force and effect.
 
      5.      COVENANTS AND RESTRICTIONS.  These Covenants, Conditions and
               Restrictions shall apply to all lots, except as noted, located within the above described
               property.
 
      6.      BOAT DOCK
               a.  Lots2, 4,  7, 8, and 9, in Block 4 and lot 7 Block 5 will have boat docking privileges on Outlot A.
               b.  Boat Dock shall be provided and shared.  Each said lot will have 1 area per lot to put
                    single watercraft.
               c.  Maintenance and upkeep will be owner's responsibility - including, but not limited to,
                    taking boat dock in and out of water.
               d.  All Lot Owners of the above described property and Outlot C and Outlot D shall
                    have access to Outlot A or "park" and have use of said park.
 
      7.      OUTLOTS
               a.  Outlot A (or called "park") and Outlot B - the private road will be maintained by all
                    lot owners and future lot owners equally.
               b.  Outlots C and D - At any time may build new roads to tie into existing roads and they
                    will be granted use of park and road and share equally in expense.
 
      8.      CONSTRUCTION
               All parcels are restricted to residential use only.  All constructed dwellings must:
               a.  Be on permanent foundations
               b.  All buildings must be built to and follow UBC Building Code
               c.  The roof must be of a 6/12 pitch or greater
               d.  They must have a minimun of 1100 square feet on the main floor exclusive of garages,
                    porches and terraces.
               e.  Be two stories or less.
               f.  Construction of each dwelling or building shall be completed within two years after
                    commencement of construction.
               g.  Any storage building may not exceed 1600 square feet, must be two stories or less,
                    and must have the same siding as the dwelling proposed or constructed.
               h.  Must be a new structure.
               i.  Lots 17 through 22, Block 1; Lots 1 through 5, Block 2 & Lots 1 through 9, Block
                    4, Lake Traverse Estates have the following options:
                              --  May be a manufactured Home without UBC building requirement
                              --  If Manufactured Home, must have a minimum 5/12 pitch roof
                              --  If Manufactured Home, must be at least 24 feet wide minimum
                              --  If Manufactured Home, must have stone skirt around said Manufactured
                                   Home
                              --  If Manufactured Home, must be new construction
     
      9.      ANIMALS.
               a.  No animals or poultry, other than household pets, shall be kept on any premises.
               b.  Pitbulls and Rotweilers, mixed breed or purebred, are not allowed on the property at
                    any time and shall be not brought upon the property even for temporary purposes.
                    Other dogs will be kenneled or kept in the house at night.
               c.  All pets must be kept so as not to create a nuisance or annoyance to other residents
                    of Lake Traverse Estates.
 
      10.     All junk, discarded materials, and trash must be removed from the premises.  There shall
                be no stoarge of junk or nonfunctional cars, vehicles, tractors, or other similar items.
    
      11.     No wire fences are allowed on any premises.
 
      12.     ROADS.
                a.  The Road in its present form within the plat shall be maintained year-around by the
                     owners at their expense.  Lots not sold shall not be required to pay maintenance on
                     road and park.
                b.  The road shall be maintained until April 15, 2009 by Developer/Owner.
                c.  Each owner shall be responsible for their proportionate share based upon the number
                     of lots owned by the owner.
                d.  A majority of the owners must agree to have the road maintained by the appropriate
                     governmental agency, if so desired.
                e.  The owners shall bear their proportionate burden of the costs to meet government
                     standards.
                f.  All utilities must be directional bored under road as to not disturb the road bed
                g.  An association shall be formed to govern the cost and maintenance associated with
                     the specific roads and park
 
      13.     There shall be no re-subdivision of any tract or lot into smaller tracts except for the
                purpose of attaching to a contiguous lot.
 
      14.     TREE AND VEGETATION REMOVAL.
                a.  There shall  be no clear cutting of trees.  Tree removal is only allowed as necessary
                     for removal of dead or dying tress or improvemtns to be constructed.
                b.  Vegetation removal shall comply with the Traverse County Shoreland Ordinances
                     regarding Vegetation Alterations Section 3, Subpart A, a summary of which reads:
                     intensice vegetation clearing (clear cutting of trees and vegetation) is not allowed. 
                     Aside from removal of trees, limbs, or branches that are dead, diseased, or pose
                     safety hazards, limited clearing of trees and shrubs and cutting, pruning, and trimming
                     of trees is allowed to provide a view to the water from the principal dwelling site and
                     to accommodate the placement of stairways, landings, picnic area, access paths, and
                     beach or watercraft access areas as to maintain the screening of structures, vehicles,
                     and other facilities as viewed from the water.
 
      15.     PROTECTED SPECIES.
                a.  Lots 3 and 4, Block 2 are notified that there is an eagle's nest located on or near
                     their property.
                b.  Any improvements to the lot(s) shall have at least a 100' set back from eagle's nest.
                c.  No trees shall be romoved within that 100' setback.
                d.  If said eagle's nest becomes abandoned, this restriction shall become null and void.
                e.  All Lot Owners are made aware that there is an eagle's nest located on Lot 3,
                     Block 2 and attached to these covenants is a copy of a statue regarding said eagles.
 
      16.     Construction on all lots must follow the state of Minnesota prescribed erosion and
                sedimentation control measures.  Which require that "all earth changes shall be made in
                such a manner as to minimize (a) the area of disturbed land exposed and unprotected
                against the erosive action of wind, rain, and/or the flow of water, and (b) the duration of
                such exposure."
                Construction on all lots must also comply with the Traverse County Shoreland
                Ordinance regarding Stormwater Management Section 5, Subparts A and B, a summary
                of which reads: natural drainage ways, wetlands, and natural vegetation must be used to
                treat stormwater runoff when possible.  Impervious surfaces may be obtained at the
                local Soil and Water Conservation District Office.  A complete copy of the Traverse
                County Shoreland Ordinance is available at no cost at the Traverse County Courthouse.
 
      17.     The provisions of this declaration shall in no way be construed as diminishing the building
                requirements, now or hereafter in force in the Twonship of Folsom and the Township of
                Windsor, County of Traverse or the State of Minnesota or any other Government body
                with respect to said premises or authorizing a structure to be erected contrary to the
                same.
 
      18.     All owners and builders must meet all other permitting requirements including but not
                limited to, Bois de Souix Watershed District, US Army Corps of Engineers, Minnesota
                Department of Natural Resources, Minnesota Wetland Conservation Act, USDA
                Swampbuster rule, Minnesota Department of Transportation, Folsum Township and
                Windsor Township.
 
 
      These restrictions and covenants shall run with the land, and should any grantee or person claiming under the grantee violate the foregoing restrictions and covenants, it shall be lawful for any party or parties of interst in any plat, parcel or lot in said tract to institute and prosecute proceedings at law or in equity against the party or parties violating or attempting to violate the same, wither to prevent the said violation or the ecover damages.  If a party is found to be in violation of these covenants or restrictions, the party instituting  proceedings may recover their attorney fees and cost incurred.
 
 
BIG DOG LAND DEVELOPMENT, LLC
 
 
 
 
This Instrument Drafted By: Ross M. Amundson, Amundson & Johnson, P.A., 217 West James Stree; PO Box 241, Paynesville, MN 56362 - Phone: 320-243-4956 - Attorney ID #186466