Agenda - Council - 05/23/1995 - Laserfiche WebLink

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MEMORANDUM TO: DATE Ryan Schroeder, Ramsey City Administrator Thomas H. Pertler, Assistant city Attorney Windemere Woods January 19, 1995 It is my understanding the City has requested an opinion regarding what, if any, obligation the City would have in enforcing an "informational handout" provided by the developer to potential homeowners. I will not address the issue of a municipality's obligation to enforce private restrictions or covenants because as you know, this is not a City's legal req~/irement. Also, I have reviewed the development agreement between the City of Ramsey and the Windemere Woods developer and do not find any development agreement that has been breached with the exception of those reqUirements dealing with curb, gutter and/or driveway requirements. In reviewing the attached "informational handout" it obviously does not meet the legal requirements for a recorded, restrictive covenant enforceable as against all lot purchasers and subsequent home-owners. Of course, individual purchase agreements may have requirements that survive closing but the purchase agreements are not available for review. Apparently, some homeowners in the Windemere Woods Development have taken the position that the "informational handout" created some type of restriction on the lots in Blocks i through 4 of Windemere Woods. The alleged restriction would require each house to have certain minimum aesthetic and structural requirements. Of those requirements, there is a requirement that each house have either: (1) a three car garage, or (2) some brick on the front of the house. This requirement is purportedly the one that homeowners in the-development are concerned about for the existing home at Lot 3, Block 3. Initially it is important to note that the alleged restriction referred to on t~e "informational handout" is not recorded with the~Anoka County Recorder's Office. In this regard, Minn. Stat. §507.34 states: ~ "Every conveyance of real estate shall be recorded in the ~ office of the county recorder of the county where such real estate is situated; and every such conveyance not ~ so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any part thereof, whose conveyance is first duly recorded, . . ." I I I I I I I I I I I I I I I I I