proposed declaration of restrictive covenants

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DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION, Made this day of , 1991, by THE WAKEFIELD ORONO PARTNERSHIP, a Minnesota partnership (hereinafter referred to as "Declarant"); WITNESSETH THAT: WHEREAS, Declarant is the fee owner of the real property situated in the City of Orono, County of Hennepin, State of Minnesota, legally described as Lot 1, Block 1, MacMILLAN ADDITION, according to the recorded plat thereof (which real property is hereinafter referred to as the "Subject Premises"); and WHEREAS, a dwelling house which was located on that portion of the Subject Premises described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Subject Site") was burned down by the Long Lake Volunteer Fire Department in the course of a controlled burning and training exercise, subsequent to which Declarant's contractor: destroyed the dwelling house's brick chimneys; cracked and deposited the cement walls of the basement on the basement floor; deposited roadway and parking slabs, including some asphalt surfacing, into the basement cavity; pulverized said deposits and basement wall so as to make a uniform fill in the basement cavity; and bulldozed the sides of the basement cavity and deposited black dirt over the fill to make a uniform surface; and WHEREAS, Section 10.3, subd. 19 of the City of Orono Zoning Ordinance requires that a Conditional Use Permit be obtained in connection with the filling of any land within the limits of the City of Orono, and provides that such activity may be performed only with "clean fill," as defined in said ordinance; and WHEREAS, certain portions of the buried foundation and other materials deposited in the basement cavity located under the Subject Site may not qualify as "dean fill," as defined by Section 10.3, subd. 19 of the City of Orono Zoning Ordinance; and WHEREAS, Declarant has requested, and City of Orono has agreed, to waive all of the requirements of Section 10.03, subd. 19, as may be amended or modified from time to time, and any ordinance which succeeds thereto, subject to the terms and conditions of this Declaration. NOW, THEREFORE, in consideration of the City of Orono's waiver of all of the requirements of Section 10.03, subd. 19, as may be amended or modified from time to time, and any ordinance which succeeds thereto, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Declarant, Declarant hereby imposes upon the Subject Premises the following restrictive covenants for the express benefit of the City of Orono, a