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.
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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
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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