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

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COUNTRY CLUB HILLS, ALL PHASES DECLARATION OF COVENANTS AND RESTRICTIONS REGARDING TREE PRESERVATION 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 a Tree Preservation Easement 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 the preservation and protection of certain wooded areas legally described on attached Exhibit B ("the Easement") and depicted by a sketch on attached Exhibit C for illustrative purposes only. C. Declarant is desirous of providing for strict restrictions within the tree preservation 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 the existing natural state of all trees and foliage within said easement areas. 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 tree preservation easement areas of the Property as the same are shown on the recorded plat for the Subdivision ("Easement Areas") and/or as further legally defined herein. 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 to establish and maintain thereon natural wooded areas and to assure that the Easement Areas, at all times hereafter, remain (as much as is possible) in their current undisturbed condition; intended for quiet enjoyment exclusively. 3. Use Restrictions. Nothing can be constructed on, changed, removed or disturbed within the Easement Areas except as noted in Line 4 below. Prohibited examples include any fencing, the alteration of any slopes and/or grades, any construction, any landscaping, any signage, any structures, any retaining walls, any storage sheds, any play structures, any pools, any drives and or trails/roads, any poles and/or wires, any grass clippings, any garbage, any removal of foliage, any dumping, any fertilizers, any chemicals, any pesticides, any herbicides, any insecticides, etc. Anything that disturbs the existing natural state of the Easement and its existing and future wildlife is strictly prohibited and is subject to remedies noted in Line 4.