04/07/87 - Laserfiche WebLink

Home

Section 3. Utility Easements. The Declarant has, or will by separate declaration, provide easements for utility purposes to and from all Lots in the Properties. The Association or its proper representatives shall have the right of free access to any Lot for the purpose of maintaining any utility service to any Lot on the Properties. Section 4. Maintenance Easements. The Association shall have an ease- ment in and upon each Lot for the purpose of maintenance as provided for in Article IV., together with rights of ingress and egress for said purposes° Section 5. Encroachments. In the event that any private common drive- ways originally constructed on any Lot encroaches upon any other Lot, an exclusive easement appurtenant to said encroaching Lot for such encroachment and the maintenance thereof shall exist. GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding by law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any 'one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declara- tion shall run with and bind the land, for a term of 20 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years. This Declaration may be amended during the first 20 year period by an instrument signed by the Owners of not less than of the Lots, and thereafter by an instrument signed by the Owners of not less than seventy-five percent {75%) of the Lots. Any amendment must be recorded. Section 4. Annexation. Additional residential property may be annexed to the property with the consent of 2/3 of each class of members provided, however, that additional residential property within the area legally de- scribed as: The North Half of the Northeast Quarter of Section 28, Township 32, Range 25, Anoka County, Minnesota, except the South 609 feet of the East 650 feet thereof, and except the North 33 feet thereof, and excepting that part thereof contained in Anoka County Highway right-of-way Plat No. 16 (County Road 56). may be annexed by Declarant without the consent of the members so long as there shall be Class B voting members in the Association. BY: ITS: