1988-05-20 Changes for Delcaration
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I.EGAI. ASSISTANT
HOllYV. TROMBLEY
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GEOFFREY A. Mll.l.~ '.
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ROBERT J. MILLER LAW OFFICES, P.A.
9405 . 38th Avenue North
New HOPe, MN 55427
(612) 542-3030
May 20, 1988
File No. 1300.11
Darkenwald Realty
7535 Northeast River Road
Elk River, MN 55330
ATTENTION: Mr. 0' Dell
Dear Mr. O'Dell:
Enclosed herein please find two changes that the City of
Albertville requires in the Declaration. I think the Declarations
also have some other .flaws. that you may want to change.
Very truly yours,
Robert J. Miller
RJM:hvt
Enclosure
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Changes to Declaration of Covenants, Conditions and Restrictions
Regarding Westwind
Article II, Section 18 - Maintenance of Berm should read as
follows:
SecLion.l~. Maiotenance of Berm. The Declarant-Developer
will construct a berm, including trees, as required by the City,
for the purpose of screening and separating the single family
residential areas from the areas zoned for commercial or
multi-family use. The berm will be established along the
Easterly boundary of Lots 1 through 15, inclusive, of Block 3,
along the Westerly boundary of Lots 5 through 8, inclusive, of
Block 1 and along a portion of the Northerly boundary of Lot 9,
Block 1. It is hereby declared to be the obligation and
responsibility of the owners of each of the lots described in
this section to at all times maintain said berm and trees in a
condition satisfactory to the City. Upon a failure of the said
affected lot owners to maintain the said berm and trees, the City
has, after first giving thirty (30) days mailed notice to the
affected lot owners, the right, privilege and authority to go
upon the said affected lots over and across the utility and
drainage easement area dedicated in the plat of Westwind, and
maintain or replace the said berms and trees. If the City does
so perform said maintenacne or replacement, the City shall be
entitled to replace or maintain them to the City's satisfaction
and to then assess the costs thereof to all the affected lots in
said plat. The said assessments shall be payable in one (1)
year. The provisions of this paragraph 18 may be amended or
changed by written ..endaent of these Declarations signed solely
by the City of AlbertYille and the owner of the affected lots.
'!'be benefit of the restrictions in this paragraph 18 do not run
with the lots other than Lots 1 through 15, inclusive, of Block 3
and Lots 5 through 8, iftClusive, Block 1 and Lot 9, Block 1.
Article III, Section 3, Amendments, shall read as follows:
Section..3. AIIl,n~.nt,. These covenants are to run with the
land and and shall be binding on all parties and all persons
claiming under them for a period of thirty years from the date
these covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of 10
years unless an instrument ,(I)' signed by a majority of the then;~..
owners of lots has been recorded, ~and (ii)~approv.d and siqned by
the City of AlbertYl11e,:Ms been'recorded agreeing to change
such covenants in whole or in part.