Agenda - Council - 09/23/2014 - Laserfiche WebLink

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COUNTRY CLUB HILLS, ALL PHASES DECLARATION OF COVENANTS AND RESTRICTIONS REGARDING BIKE/WALK PATH 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. That Lot within the Subdivision which is legally described on attached Exhibit A (the "Property") is, pursuant to the recorded plat of the Subdivision, made subject to a Bike/Walk Path Easement (the "Path") 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 a Bike/Walk path legally described on attached Exhibit B (Legal Description of Bike/Walk Path Easement) and depicted by a sketch on attached Exhibit C (Bike/Walk Path Easement Sketch) for illustrative purposes only. C. Declarant is desirous of providing for strict restrictions within the Bike/Walk Path area on the Property, and prohibiting the alteration of such easement area and/or the construction or erection of any structures thereon which would adversely affect the existing and/or future state of said easement area. 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 Area Identified. The covenants and restrictions of this Declaration shall affect the Bike/Walk Path Easement area on the Property as the same is 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 Path area which is subject to this Declaration; and to maintain thereon the future and/or existing bike and/or walk path area and to assure that the Path area, at all times hereafter, remain (as much as is possible) in an undisturbed condition; intended for public use. 3. Use Restrictions. Nothing can be constructed on, changed, removed or disturbed within the Path area 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 or future state of the Path area is strictly prohibited and is subject to remedies noted in Line 4 4. Damage. In the event any of the Path area requires permitted maintenance, repair, or replacement activity the Association shall bear the responsibility of insuring that in the performance of such tasks the affected area is isolated, the rest of the Path area is protected to insure a minimum of impact and any work done is strictly for the purpose of returning the area to its original state as close as is possible. Permitted