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HomeMy WebLinkAboutDeclaration/covenants/conditions/restrictions/stormwater/drainage easement-1998 7013149 DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS AND STORMWATER FACILITIES AND DRAINAGE EASEMENT THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND STORMWATER FACILITIES AND DRAINAGE EASEMENT("Declaration") is made effective as of September 21, 1998,by James D. Render and Denise H. Render,husband and wife("Declarant"). RECITALS: A. Declarant is fee owner of that certain real property located in Hennepin County,Minnesota legally described as Lots 1, 2 and 3,Block 1, Tonkawa g Shores(hereinafter referred to as the Property" or the"Lots"). B. Declarant desires to provide, for the benefit of the Property, an easement for stormwater management and stormwater facilities and drainage over, across and upon that portion of said Lot 3 identified as "Drainage Easement" on the recorded plat of Tonkawa Shores (the "Easement Area") and to further provide for the maintenance and restrictions relating to the stormwater facility and drainage easement herein granted. NOW,THEREFORE, in consideration of the foregoing,the Declarant hereby declares that the Lots are and shall be held,transferred, sold, conveyed, and occupied subject to the covenants, conditions,restrictions, and easements hereafter set forth,which shall run with the Property and shall be binding on all parties,now or hereafter having any right,title,or interest in the Property and any part thereof,their heirs, successors, and assigns (each of whom are hereafter referred to individually as an"owner" or collectively as "Owners"), and shall inure to the benefit of each Owner. 1. Stormwater Facility and Drainage. Declarant hereby declares and creates a perpetual,non-exclusive easement over, across and upon the Easement Area for the benefit of the Lots and use by the Owners. j 2. Maintenance of Stormwater Facility. 2.1) Each Owner shall pay an equal,porportionate share for any costs for construction,maintenance or repair of the Stormwater Facility. Maintenance shall include construction,reconstruction, and cleaning as necessary,provided however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono ("City") Ordinances. Declarant shall be responsible, at his/her expense, for initial construction of the Stormwater Facility,which shall in all respects conform to the requirements of the City. All future Maintenance shall be conducted by the Owners or their contractors, at Owner's expense. 2.2) Each Owner's share of costs for Maintenance shall be due and payable on the date such costs for Maintenance are due and payable to the person or entity rendering an account therefor. Each Owner's share of such costs shall bear interest at a rate of eight percent(8%)per annum from such die date to the date of payment. Any Owner may bring action, on behalf of the non-defaulting Owners,to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow,together with all necessary costs and disbursements incurred in connection therewith. 2.3) The plans, specifications and the awarding of contracts for Maintenance shall be approved in writing by the Owners of sixty five percent(65%)of the Lots. 2.4)No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of the Stormwater Facility or by the abandonment of his Lot. 3. Violation and Enforcement. 3.1)In the event the Owners fail to conduct Maintenance, it is agreed by all Owners that City,may undertake such Maintenance and assess each Lot an equal,proportionate share of the Maintenance conducted by the City. Any such Maintenance conducted by the City will not result in the Stormwater Facility becoming a public Stormwater Facility. Each Owner will pay to the City its equal,proportionate cost incurred by the City within thirty(30)days after Owner's receipt of such charges, or else such charge, including attorney's fees and costs in collection thereof, shall become alien upon the Lot for which payment has not been made. 4. Binding Effect. This covenant shall run with the land and shall be binding on and inure to the benefit of the Owners,their heirs,representatives, successors and assigns. 5. No Amendment. This Declaration may be modified or amended only upon the recording of a document setting forth such amendment executed by all of the Owners,their mortgage lenders, City and any other party having a record interest in the Lots. 6. Severability. Invalidation of any covenant,condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof,which shall all remain in full force and effect. 7. Warranties of Title. Declarant represents and warrants that they are the lawful owners of the Lots and have full right,title and authority to enter into this Declaration. Any mortgage lender, or other party in interest of the lots , if any, shall consent to this Declaration,which consent shall be attached and made a part of this Declaration. •I ` I IN WITNESS WHEREOF,the parties have hereto executed this Declaration and covenant the day and year first above written. STATE OF MINNESOTA) ss. COUNTY OF py` This instrument was acknowledged before me this2/ day of .,19 , by�pw,,Vs -D21 a•� c � c�,•,�L l "s�e /-4 - husband and fe. Notary Public Lc� ' BARBARA ZIAOY THE REALTY HOUSE,INC. ': NOTARY PUBLIC-MINNESOTAHENNEPIN COUNTY 5120 Edina Industrial Blvd. mission expires T.;j•o� Edina, MN 55439commission 9A AND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED PIN COUNTY MINN. DEPUTY I CONSENT The undersigned("Mortgagee")having an interest as mortgagee in the property described in the foregoing Declaration of Covenants, Conditions,Restrictions and Stormwater Facilities and Drainage Easement("Declaration"),pursuant to that certain Mortgage dated May 6, 1998, filed May 22, 1998, as as Document No. 6901539,with the County Recorder in and for Hennepin County, Minnesota, ("Mortgage")hereby consents to the Declaration and further agrees that the Mortgage is subject and subordinate to the dedications contained in the Declaration. IN WITNESS WHREOF,the undersigned has caused this Consent to be executed effective as of6, ( ' , 1998. MORTGAGEE Eastern Heights Bank By _,14. Itstnu� STATE OF COUNTY OF M Se ) tinstrument � was acknowledged of a me on dye-;0,7bl er' 1998,by n the ,e- ,oe/. of Eastern Heights Bank, a banking corp ration under the laws of Minnesota o behalf of the banking corporation. otary Public OK THIS INSTRUMENTNOTTAM WAS DRAFTED BY: WASHINGTON COUNTY MY Cwm*wm BON 1/91/2000 Hinshaw&Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis,MN 55402 (612)333-3434