02/06/12 Work Session - Laserfiche WebLink

Home

(b) Section 1 of this Declaration may be amended and may only be amended if the fee owners of 67% of the Parcels join in the execution of the amendment; provided, however, (i) so long as the HRA owns any Parcel, this Declaration may not be amended without the written consent of the HRA; and (ii) this Declaration may not be amended to restrict additional types of development or use without the written consent of any and all Parcel owners who are, at the time the amendment is executed and recorded, developing or using their Parcel for a use the amendment will restrict unless the amendment expressly provides that new restriction set forth in the amendment will not apply to those Parcel owners' Parcels. This Declaration may be amended without the consent of the owners or holders of mortgages or other liens on or leasehold interests in all or any portion of the Subject Property, and any amendment that is adopted in conformance with the requirements of this Section 2 is binding upon all such mortgagees, lienholders and tenants. For purposes of this Declaration, the term "legal parcel" means a portion of a platted lot, platted outlot, or CIC unit that is described using a metes and bounds description if, and only if, a conveyance of the property using the metes and bounds description may be recorded in the Anoka County land records without violating the requirements of Minnesota Statute Section 462.358 Subd. 4b or any successor statute. 3. Additional Real Estate. Any property that is within the boundaries of the plat of RAMSEY TOWN CENTER, Anoka County, Minnesota (including property that has been or is hereafter re- platted), but which is not described on Exhibit A, is "Additional Real Estate." Any existing or future lot, outlot, CIC unit or other legal parcel that is a part of the Additional Real Estate may be subjected to this Declaration upon the execution and recording of a supplement to this Declaration executed by the HRA; the owner of the lot, outlot, CIC unit or other legal parcel being subjected to this Declaration; and the holder of any mortgage or other lien on or leasehold interest in the lot, outlot, CIC unit or other legal parcel being subjected to this Declaration. Neither the consent of other Parcel owners nor the consent of any mortgagee, other lien holder or tenant holding an interest in the Subject Property is required. From and after the recording of a supplemental declaration subjecting Additional Real Estate to the terms of this Declaration, the term "Subject Property," as used herein, shall include the portion of the Additional Real Estate that is the subject of the supplemental declaration. 4. Run With Title. The restrictions set forth in this Declaration run with title to the Subject Property and inure to the benefit of and are binding upon all owners of the Subject Property, their heirs, personal representatives, successors in title and tenants. 5. Enforcement. Any owner of any portion of the Subject Property may enforce the terms of this Declaration; provided, however, enforcement of this Declaration is limited to an action to temporarily or permanently restrain or enjoin a breach of the restrictions set forth in Section 1, and owners of the Subject Property may not seek to recover monetary damages for a breach of the restrictions set forth in Section 1. Notwithstanding the foregoing, in any action to enforce this Declaration, the prevailing party may recover from the opposing party the prevailing party's attorney's fees and costs. 6. Counterparts. This Declaration may be executed in multiple counterparts, each of which will be deemed an original and all of which shall constitute one agreement. Signatures 4430229v5 2