Agenda - Council - 03/22/2005 - Laserfiche WebLink

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: SS# 2385 : 5195 NW 142nd Avenue, Ramsey, MN Use and O@er¢i-g ReS~rieti0as, and At'firmerS'ye CoYenants The Grantee herein ~venants ~lr~d agrees,! for iBelf, and for its grantees, successors, and assigns, and their respective grantees, successors and assigrt~ (inclUding, WithOL~t limil~tion, all successors in title to the Property (or any portion thereo0 to Grantee) (collectivelY, the "Gra~ee Psrtie~")', the, tithe following Use and Operating Restrictions, .and Affirmative Covenants shall bind and restdct the Prope~ for:the time PedoUs set forth herein: - 1. Petroleum Restriction: No pe~iof the Pr~.pertyi~hall be used by Grantee or any other Grantee Party for an automobile service station, petroleum station, gaSolinejstatiod, convenience store or automobile repair shop, or for the purpose of conducting or carrying on the business ~f seliing~ .o~ffering~:for sale, storage, handling, distributing or dealing in petroleum, gasoline, diesel fuel, kerosene, benzol, n,~htha; §toSses, ldbdcating oils, any fuel'used for ~nternal combustion engines, lubricants in any form, automobile parts ~r;. acc, b,.~$0dCs; tire~, battedes~ or other petroleum Or petroleum-related products, except for the personal use or ~OnsumptiO~ ~f suc, h pre, dUcts;b~y Grantee or other occupants of the Property. For purposes of this restriction, the term "convenience stor~", shellmca-'!n 'any :rStail business with its primary emphasis on ·providing the public with a convenient location to quickly purcha~, e a wide'array:of Consumable products (predomi.nantly food or food and gasoline) and services. The above covenants and use res~ctio% bind and reStriCt the Property as covenants and restrictions running with the land and are deemed to benefit Grantor asch owner Or!leSsee bf lands in Anoka County, Minnesota, or as the operator of retail operations in such County..These restdcti~ coven~rff~ ~ill remain in full force and effect for a term of fifteen (15) years from the date of this conveyance whereupon thei~;e restrictive covenants will automatically lapse and terminate and be of no further force or effect. 2. Groundwater U. se Re§trictlon: No'water wells; either for potable or Other use, with the exception of remediation, monitoring, or investigation wells, will be in~ ,Stalled on any pa?flor the Property. Neither Grantee nor any Grantee Party shall install remediation or monitoring Wells withost the prior written cCnsent of Grantor· The above covenant and use restri~'~ion binds and restricts the Property as a covenant and restriction running with the land and is deemed to benefit Grantor as a@!owner, or I¢SSeeio~f lands in Anoka County, Minnesota, or as the operator of retail operations in such County. This restrictive ~venant W'.dl i-emai~ in full force and effect indefinitely, unless waived in writing by Grantor (at which time this restrictive covenant will laPse~ and ter~ninate and be of no further force or effect). 3. Residential Use Res.traction: The Property.shall be ~sed solely and exclusively for commercial (which may include (subject to Paragraph I above) retaill and/of ~ndustdal ¢.urpos¢.~. If applicable state environmental laws and regulations define commercial and/or industrial use, any us~'which is d~emed !not to be a commercial or industrial use by such laws and regulations will also not be a commercial or' indpstrial us.~ as theterms are used herein. No part of the Property will be used;for re8ider~tiSl purPoses or for the purpose of operating a child care or elder care facility, a nursing home facility or hospice, si~ediCai oridental ¢,ecility, a school, a church or other place of worship, a park or a hospital. The above covenants aj~d use resl~iCtiOnsbind!and restrict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor as leo owner or !essee Of lands in An.oka County, Minnesota, or as the operator of retail operations in such Count~. These restrictive~covenant~ Will rer~ain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these restrictive cOv.'enent$ wilt, laPs~;~nd terminate and be of no further force or effect). 4. Construction and Excavation Reqtrictions. 4.1. Soil Excavation and DispoSal: No soils shall, be excavated at or removed from the Property, unless the soil is excavated and/or removed (as applicable) 'i~a manner;and (in!the caSa of removal of soils) to a' disposal facility approved in writing in advance by Grantor. Management~ ~excavatior~ and any removal of soil at or from the Property must be governed by a written plan in form and substance accept~l~le to Graqto~ (a~'_Soil Management Plan") that will be developed at the time of Grantee's (or any other Grantee Party's) request for ~ernoval:or ~xcavation of soil. Except as may be specifically be provided in the Soil Management Plan which has been[ ~appr.°Ved ~bY Grarttor, or any other written contractual relationship between the parties, Grantor shall not be obligated to paYlany COst reia~ed tO 'rthe excavation and/or development of the Property. Grantee and the other Grantee Parties shall:be solely responsible for any and all soil excavation, hauling, transportation, and disposal cost8 pursuant tOthe ,SOil Mcnagernent Plan. The above covenants and use restrictions bind and restrict the Property as covenants and restrictions running with the land and are deemed to benefit Grantor as ab owner or lesseeOf lands in Anoka County, Minnesota, or as the operator of retail operations in such County. These restrictiVe;covenants!Will re~ain in full force and effect indefinitely, unless waived in writing by Grantor (at which time these restrictive cO~Vi~nant~will~iaPse :and terminate and be of no further force or effect).