09-06-1977 Planning Packet - Laserfiche WebLink

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(©12) 47S -2401 ation. 1) r.-‘‘ S'' 1 declaration of covenants , conditions and restrictions (son WHEREAS, the under si gneti, H. NORMAN NAFSTAD, JR. and MARLAIS C. NAFSTAD, husband and wife, are the owners of the real estate described In Article II herein, an are the developers and desire to create thereon a residential community with open ^ spaces and other conmon facilities for the benefit of the owners of said real estate, and WHEREAS, Owners desire to provide for the preservation of the values and amenities In said real estate and for the maintenance of said open spaces and facilities, and to this end desires to subject the real property described in totlcle II, together with such additions as may thereafter be made thereto, as prov e in Article II, to the covenants, restrictions, casements, charges and liens hereinafter set forth, eaJh and all of which is and are for the benefit of said property and each owner thereof ; and WHEREAS, Owners have deemed It desirable for the efficient preservation of the values and amenities in said real estate to create an agency to which should be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS. Owners have incorporated under the laws of the State of Minnesota, as a ™n“rofl^orpor«lon, the SUIMIT PARK HOMEOWNERS ASSOCIATION for the purpose of exercising the functions aforesaid. Declare that the real property described In Article II and such additions hereto as may hereafter be made pursuant to said Article II hereof is, and shall be held, transferred, sold, conveyed and occupied, subject to the covenants, restrictions, easements, charges and liens, (sometimes referred to as "covenants and restrict- ions ”) hereinafter set forth. ARTICLE I. Definitions Section 1. The following words, when used In this Declaration, or any supplemental decJatircL unless the Lntext ’shall prohibit), shall have the following meanings: (a) ‘'Association ” shall mean and refer to SUMMIT PARK HOMEOWNERS ASSOCIATION. (b) (c) “Common Properties” shall mean and refer to lots owned or to be conveyed by developer to SUMMIT PARK HOMEOWNERS ASSOCIATION. "Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of SUMMIT PARK with the exception of cormion properties . as heretofore defined. (d)"Owner" shall mean and refer to the record owner, whether one or persons or entitles, of the fee simple title to any lot situated in SUMMIT PARK but notwithstanding any applicable theory of the mortgage shall not (c) (f) Secti conveyed £ County of Lit 1 Sect: fee or unc to assess! of the As: hold a roei Sect owned. Wh< be exercl one vote ’ be cast a Sect 3, every i from his of enjoym to and sh areas wit that such any lo t. Sect title to thereon a is able t