Agenda - Council - 09/09/2014 - Laserfiche WebLink

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COUNTRY CLUB HILLS, ALL PHASES DECLARATION OF COVENANTS AND RESTRICTIONS REGARDING MUNICIPAL DRAINAGE AND UTILITY EASEMENT MAINTENANCE This Declaration ("Declaration") is made on this day of , 2014 by Greatland Homes Development LLC, a Minnesota Limited Liability Company ("Declarant"). RECITALS A. Declarant is the owner of all the Lots platted within Country Club Hills, Anoka County, Minnesota (the "Subdivision"). B. Those Lots within the Subdivision which are legally described on attached Exhibit A ("the Property") are, pursuant to the recorded plat of the Subdivision, among those made subject to wider than typical side -yard or rear -yard drainage and utility easements by reason of the fact that the City of Ramsey, ("City") a Minnesota municipal corporation, has required, as a condition of plat approval of the Subdivision, that Declarant provide for convenient municipal access for utility maintenance purposes or, if not subject to such wider than typical easements, the drainage and utility easements on such lots are otherwise contemplated to be needed on a frequent basis for municipal access for utility maintenance purposes. C. Declarant is desirous of providing for strict restrictions within the side -yard and rear -yard drainage and utility easement areas on the Property, and prohibiting the alteration of such easement areas and/or the construction or erection of any structures thereon which would adversely affect City access for maintenance purposes. D. Declarant therefore desires to establish the following covenants and restrictions on and upon the Property. WITNESSETH NOW, THEREFORE, Declarant, as the sole owner of the Property, hereby establishes and creates on the Property the following covenants and restrictions: 1. Easement Areas Identified. The covenants and restrictions of this Declaration shall affect all side -yard and rear -yard easement areas of the Property as the same are shown on the recorded plat for the Subdivision ("Easement Areas"). 2. Purposes. The purpose of the covenants and restrictions set forth herein is to reduce and/or eliminate future controversies between and among Lot Owners having an interest in one or more Lots comprising the Property and the Easement Areas which are subject to this Declaration, and the City, with respect to future municipal need to maintain, repair and/or replace utility installations, drainage ways, overflow swales, and ponding areas, and the need by employees and contractors of the City to gain access for such utility maintenance, repair or replacement activity. 3. Use Restrictions. Within the Easement Areas, the erection of any fencing, the alteration of any slopes and/or grades, or the construction of any landscaping or other structures including, but not limited to, retaining walls, storage sheds, play structures, or pools, is strictly prohibited. It is the intention that the Easement Areas be maintained free of any structure or obstruction which would hinder in any way municipal access and maintenance, repair or replacement activity.