Fridley Land Proclamation_DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration'), which is
effective this � day of OC+-O b e,,r 2024 ("Effective Date"), is made by Natasha
Lawrence and John Lawrence, married to each other ("Declarants").
RECITALS
WHEREAS, Declarants are the fee owners of certain real property located at 6677 Lucia
Lane NE, Fridley, Minnesota (PARID 13-30-24-24-0118), legally described on the attached
Exhibit A (the "Restricted Parcel");
WHEREAS, Declarants requested that the City of Fridley rezone the Restricted Parcel from
R-1, Single Family to R-3, Multi -Family so that they could construct a duplex on the Restricted
Parcel;
WHEREAS, rezoning the Restricted Parcel to R-2 is not an option due to the lack of R-2
zoned parcels in the vicinity of the Restricted Parcel;
WHEREAS, Declarants have offered to place a restrictive covenant on the Restricted
Parcel so that it may only be used for a duplex;
WHEREAS, the City has agreed to rezone the Restricted Parcel to R-3 on the condition
that the Declarants execute this Declaration and it is recorded against the Restricted Parcel;
WHEREAS, Declarants agree that they may construct only a duplex on the Restricted
Parcel and the Restricted Parcel shall only be operated, occupied, and maintained in compliance
with the restrictions and requirements of the City Code, as amended from time to time, and this
Declaration;
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Declarants, for themselves and for their heirs, successors, and assigns, in consideration of
the benefits derived by Declarants in being able to construct a duplex on the Restricted Parcel, and
other good and valuable consideration, hereby agrees and covenants that the Restricted Parcel shall
be held, transferred, sold, conveyed, assigned and used subject to the following covenants,
conditions and restrictions, and which covenants, conditions, and restrictions shall run with, the
land and be binding on all parties having any right, title or interest in the Restricted Parcel or any
part thereof, their heirs, successors, and assigns.
RESTRICTIVE COVENANT
1. Use Restriction. To comply with the conditions of the City rezoning the Restricted
Parcel to R-3, Declarants hereby impose the following restrictions on the Restricted Parcel:
a. Only a duplex may be constructed on the Restricted Parcel; and
b. The Restricted Parcel shall not be subdivided.
2. Covenant Runs with the Land. The use restriction imposed by this instrument
constitutes a covenant running with the land and, as such, is binding upon the owners of the Restricted
Parcel and their respective heirs, successors, and assigns.
3. Ci1y Consent. These covenants run in favor of the City. This Declaration may not be
amended or released from the Restricted Parcel without the written consent of the City, which writing
must be properly recorded or filed in the office of the Anoka County Registrar of Titles.
4. Enforcement. Enforcement of these covenants, conditions and restrictions shall be by
any proceeding at law or in equity by the City against any person or persons violating or attempting
to violate these covenants, conditions or restrictions either to enforce or abate/restrain violation or to
recover damages. Failure by the City to enforce these covenants, conditions or restrictions herein
contained shall in not event be deemed a waiver of the right to do so thereafter. The City is hereby
specifically granted the right to seek specific performance for any violation of these covenants,
conditions and restrictions, it being agreed by Declarants that damages are not an adequate remedy.
In addition, the City shall be entitled to be awarded injunctive relief without the necessity of posting
security. In the event of any litigation to enforce or restrain violation or interpret the terms hereof,
the court shall have the authority to award costs and reasonable attorneys' fees to the City.
5. Governina Law. The laws of the State of Minnesota shall govern the interpretation,
validity, performance, and enforcement of this Declaration.
6. Severability. If any provision of this instrument is invalid, illegal or incapable of being
enforced by any law or public policy, all other provisions of this Declaration will remain in full force
and effect.
7. Recitals and Exhibits. The recitals set forth above are incorporated and made part of
this Declaration.
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IN WITNESS WHEREOF, Declarants have caused this Declaration of Restrictive
Covenants to be executed on the Effective Date as first above written.
DECLARANTS:
By:
Natasha Lawrence
By: $
An Lawrence
STATE OF MINNESOTA
} ss.:
COUNTY OF Xh
The foregoing was acknowledged before me this -*day of , 2024, by
Natasha Lawrence and John Lawrence married to each other, Declarants.
RIAL STAMP OR SEAL
ALEX EMMA BANTA
NOTARY PUBLIC - MINNESOTA
My COMMISSION EXPIRES Ob31Z
THIS DOCUMENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A
Legal Description of the Restricted Parcel
Lots 2 and 3, Block 1, Valley Addition, County of Anoka, State of Minnesota.
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