HomeMy WebLinkAbout1981 subdivision • *i' ,,z.s+.. .:y ! *.`,',c•x:R�'..r
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2 TO: Richard Raiche
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W FROM: Jeanne A. Mabusth
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DATE: June 1, 1981
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+ ~ SUBJECT: #603 Richard Raiche, 2901 Watertown Rd.
Subdivision ;
r ' . Conditions of Preliminary Approval
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1. Three lot division per survey dated - received this
''+ office February 25, 1981
s 2. New private road to serve all lots; no direct access ��
cf from Lot 1 to Watertown Road. All addresses will be
Watertown Road. ' ,
F4 3. Existing road bed down center of property is to be t
removed. -,4"
emoved. 45
64 e
e4. Septic System drainfields to be constructed on sites
, •, k. as approved by Mike Gaffron for original subdivision x
r ` - application No. 471: shallow trench primary drain-
l field and mound type alternative system on each lot.
Relocation of drainfields is very unlikely: future
,, lot buyers are to protect these sites when selecting
future home locations.
V Improvements Required
'1,1'f''''
F 1. Construction of new private road per plans dated July
,< 6, 1979 (original application 471) as before the curb
cut to Watertown Road to be a bituminous apron on City
, . right of way (3" mat ) with a sodded swale - unit culvert.
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=i4 2. Removal of existing curb cut and gravel driveway at
I center of property including regrading of ditch on
°' City right of way with exposed earth sodded or seeded.
3. All disturbed areas to be seeded within ten (10) days
?• of grading completion. ,
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Ii;;,,,,,A 4. All improvements to be completed prior to final plat • '
y�}'.�t
<YEapproval or within 1 year of plat approval if deve-
loper executes a development agreement.
dt ,
g , . Final Plat Submittals
1. Record Plat drawings in the form of two (2) mylar copies �•
*�' ' and one (1) copy reduced to 1" = 200' .
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CITY OF ORONO
A*w Document Form
Sept. 1979
DECLARATION OF PRIVATE ROAD EASEMENT
AND
DECLARATION OF COVENANTS FOR MAINTENANCE OF SAME
•
(Private Road Name)
Rol t• M- •.w
f (Subdivision Name)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS,Willi.. W. Wear as Exc • •
(all fee owners)
,� ;he fee owner (s) of that certain 4.
(hereinafter "the suhdWider ) is (are) y
of Orono, County of Hennepin,
parcel of real estate Jocatt._ tY
' State of Minnesota, legally described as follows: Rolling Meadows
(Subdivision Name)
' �accordi.ng' to the plat of that name on file £.
and for Hennepin
and of record in the office o.-. the County Recorder, in
. County; and
Y
desires to create a non-exclusive ,
WHEREAS, the Subdivider now
private road easement for driveway,
ingress and egress, drainage and
utility purposes over and across Outlot (s) �_______._
(hareinaftcr "the private rood") Y
B Udi in�ow v
::::: , (Su i sion P7amc)
.,Bl --
�r for the mutual benefit of Lots _ 1,2L3 I11ock.1
',P Rollin Meadows . _--
• te. ,, Su v si.on Name)
NOW, THEREFORE, in addition to any
casements created by any other t
, j r Restrictions and Easements, the
Declaration of Covenants, Condit,on.,,
Subdivider does by this Declaration for himself (themselves) , his (their)
V.
{ creates anon-exclusive easement
heirs, successors and assigns, he_eby
for driveway, ingress and egress, drainage and utility purposes over i
and across the private road as described above for the mutual benefit, of
(hereinafter "benefited lots")
'''.':.„.
/LotS1 Zlo1�_ 4
but not foz the benefit of any other lots in
�' Ro11inA `�ea�ows '
(Subdivision Name)
Su
and
(Subdivision Name)
thesole owner of the
private road and
WHEREAS, the subdivider is At all the benefited lots except for the undersigned ned who are all the owners
described lots in the City o_ Orono, County of
of record of the following d
Hennepin:
•
A
One Dollar
in consideration of the receipt ofthe
NOW, THEREFORE, gate
road easement for .
and the granting of the above private heirs,
($1. 00)ee owners of each benefited loners their owner)
+ =' benefited lots, the above
A. assigns and successors (hereinafter referred
,0' hereby covenant and agree as follows:
U�owledge the existence of said
4 , 1, That tY�e ow::ers do hereby ac road, which is
, ' and the existence of the privatef road, no
' notprvate roadblit easement edicated roadway, and that the City and thatOronase City
ba publicly private road,
acquire or open said private road as a obligation to maintain or service said
• �.: of Orono does not intend to
''; public roadway. assume and agree to pay
r. and oeplycing,
2. That the owners will and do hereby repairing
of maintaining, at
a proportionate share of the csts said easement described herein toved
if necessary, the private road over private road as it was alana,
r by
yath a standardofofn gas pay equalofto theb
' Orono as part of the subdivision of the ordinancesooflng the City •
". , by_the City be required from time to time by
✓•1 and as may
','', of Orono in regard to private roads.
rhall be due and payable on the
h ccsts payable` owner' s share of 'u' are due and P Y
Each construction, mainten,Ance or repair Tech owner's
�,' : , dote theupe costsno forn COy'rendering an account therefore. percent;:, , a, to' person or entity owner may bring
)
o the date of payment. Any phare of ouch costs shall bear interest It a rate of eight a8 defaulting
Owners, to coli
per annum from such due date when due, and be
v . nh behalfofof the non-defaulting _ fees the court shall may
Owner' ste shareoof
such costs which are not paid� . as
entitled to recover such reasonable attorney
in
and d�.sbursemonts incurred
" allow,• together with all necesaiy costs
"` . i connection therewith.
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Q_ • ,
The plans, specifications and the awarding of contracts for the
,ivate road or for any alterations in the private road after construction
ORM y, .reof shall be approved in writing by the Owners of twenty-five (25)
; percent of the Lots.
The costs incurred for maintenance and repair of the private road
shall be approved in writing by the Owners of twenty-five (25) percent
of the . Lots.
No Owner mei exempt himself from the liability for assessments j
by waiver of the use or enjoyment of any of the private road or by the
abandonment of his Lot.
•
In the event that the Owners of each Lot described herein fail
to maintain, repair or replace the private road as provided for herein,
it is agreed by all parties that the City of Orono may undertake to
maintain, repair and replace the private road as provided for herein,
and that such actions by the City of Orono will not result in the
private road' s becoming a public roadway, and that each of the Owners
will pay to the City of Orono the proportionate cost incurred by the
City of Orono witi.in thirty (30) days of the receipt of such charges,
or else such charge shall become a upon each Lot at the proportion
as provided for herein. Said proportionate share is to be determined
by dividing the total costs of maintenance, repair or replacement,
including without limitation, the cost of cleaning, snow removal,
surfacing and resurfacing, by the number of Lots set forth above,
adjoining the private road; and that each Owner shall become liable for
' said proportionate share from and after the date of this Agreement.
3. Each of the Owners of a Lot described herein hereby covenants
with each of the Owners of all of the other Lots described herein, and
each Owner of a lot described herein, by acceptance of a deed t��erefore,
• whether or not it shall be so expressed in such conveyance, shall be
and hereby is deemed to covenant with the then Owners of all of the other
Lots described herein, that he/she/they shall pay promptly when due
his/her/their proportionate share of the costs described in the preceding
paragraph. The costs described in the preceding paragraph shall be a
• t �,, : personal obligation of the person or persons who are the owner(s) of such
Lot at the time when such costs were incurred, and said obligation shall
not pass to his/her/their successors in title unless expressly assumed
by them.
4 . The private road shall be used strictly in accordance with
k Yi.t the easements granted therefore. Except as herein provided, no Owner
shall obstruct or interfere whatever with the rights and privileges of
other Owners in the private road and nothing shall be planted, altered,
constructed upon or removed by an Owner from the private read. If an
Owner shall violate this section, the remaining Owners shall have the
right to restore the private road to its prior condition and assess the
cost of such restoration against the Owner who violates this section
� t and such assessment shall become due and payable upon the demand of any
` of said remaining Owners. All of the remaining Owners, or any of them,
,
shall have the right and power to collect the cost of such restorations
• H in a legal proceeding for that purpose. If an Owner interferes with
the rights and privileges of another Owner in the use of the private road,
N
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44'a ' ' ep't'as`herein provided, the remaining Owners, or any of them, may ¢ „, +-.'
commence .an action to enjoin such interference and the prevailing party . .,
hall: be` entitled to recover such reasonable attorney's fees as the *`� � � ¢ '
, , ourt may.allow, together with all necessary costs and disbursements ' �� :� .'
� �
In
curred in connection therewith. ° tr , r,
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r'v No Owner shall obstruct or interfere with the passage of any _' i” '
::v privateti '.
�--°':,^school bus or emergency vehicle over or across said road.
'Any Owner may delegate his right of enjoyment to the private ° ;
a" road to his tenants who reside on a Lot, to the members of his family
0,4 ',
` _
�, � , and his guests: . and to his invitees.
T` yl''? .' - 5. This co-renant shall run with the land and shall be binding ;y i A Ft
5 r
' ,4'On and inure to the benefit of the parties hereto, their heirs, t`7 , .;
�► representatives, successors arkd assigns. r s=
6.. There may be no amendment to or release of the terms of 1 'j •
Iii' ,`' . this' easement and declaration without the prior written consent of ,
• M'` 'the City Council or the City of Orone.
,lk IN WITNESS WHEREOF, the parties have hereto executed this ..
,y. easement and covenant the day and year first above written..
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' --'.-:::-.--,''STATE OF MINNESOTA ) ��' )
i. A s y a - ) s s. ; ' 1}�s
TT `,'..' _
r >rf , COUNTY OF HENNEP IN ) .%,,:';',:;;/•.A". �.
'° � On this /-' day of 52 19 84 before me, a Notary -. t4,,, �,.
r -' Public within and for said County, personally appeared William W. Wear.
Y� _ to me known to be the . '4'q.`
ar
y fXGY c 1
person(s)cutor Qf describedEstate
inf and who Ruth
F.hoWexecuted the foregoing Declaration of ',, o`F 't
Private Road Easement and Declaration of Covenants for. Maintenance of� ,;o ..
r Same, "and who acknowledged that they executed the same ashis/their own -; lx
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.% free .act and deed. 1 < R
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fi 7.¢ ROGER REED % Ci , �C( c• e, :r .�
Pti Al NOTARYPU8UC MINNESOTA Notary Pudlic gh ,' a`
HENNEPIN COUNTY '�'
w�
rk' a=, M.Gwnmbsan Winn Oh 1 tOM
CONSENT- r ,
7 av,..,',14 •‘,....2,„,..4.,-, , a
hereby consents to the filing of the r
1 r t
•
* , AF
;± p%sf ' foregoing Declaration of Private Road Easement and Maintenance of the Same, mss'
r.!, :e,and agree that should it foreclose its mortgage on the property, or take `
e, p
a • a deed in lieu of foreclosure, it will take title subject to said declaration'
eA,sir, 'aMa�tr;;, "'
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