Agenda - Council - 09/25/2007 - Laserfiche WebLink

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AMENDED DECLARATION OF RESTRICTIVE COVENANTS This Amended Declaration or Restrictive Covenants, made by WASTE :MANAGEMENT OF MINNESOTA, INe., a :M1nnesota corporation ("Declaranf') and the City of Ra.msey, a Minnesota municipal corporation ("City"). WITNESSETH: WHEREAS, Declarant owned fee simple title to certain real property located in the City or Ramsey, County of AnQka, State of Minnesota, legally described as.Lots 1 and 2, Block 1 and Outlots A and B, Alpine Addition ("'Property"); and . WHEREAS, Declarant made and entered into the DecImation of Restrictive Covenants on May 21, 1996, intended to run with the land and recorded as document nUIJ1ber --' Book~ Page _; and WHEREAS, Declarant transferred the Property to the City subject to the Declaration or Restrictive Covenants which limited the use or the Property to park or open space and would thereby prohibit certain uses otherwise lawful under the City zoning code; and WHEREAS; Declarant and City desire to modify and amend said Declaration of Restrictive Covenants linposOO upon the Property and to allow certain lawful use of the Property; . .__ _ .._.'.' .. ..._" ...--........ . --. .-- -. . .u ._..._..u - -. ... - .--.-'--- u___ -- NOW, THEREFORE, Declaran;t ;and City hereby amend the Declaration of Restrictive Covenants and declare that ~~ froperty shall be held, used, occUpied, pud improved, subject to the following am~~d~ coven~, all of which are deClared. and agreed. to be consistent with and in ~ce of thtservin1de benefiting the City and the State or Minnesota. ?_~t 1. Regardless of the provisions of the City's roping code. as from time to time amended, the Property shall not be used for any purpose other than park or . open space or wireless telecommunication facilities and service. Amended Declaration. of Restrictive Covenants Page 1 of3 -219-