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HomeMy WebLinkAbout2005-003 Dec of Cov CR10 and Brooklyn Boulevard DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this _____ day of ________________, 2005, by Brooklyn BASS CVS, L.L.C., a Minnesota limited liability company (hereinafter the “Declarant”); WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1, CVS Brooklyn Boulevard Addition, Hennepin County, Minnesota (hereinafter the “Subject Property”); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Property from the zoning classifications R-1 (One Family Residence District) and C-1 (Service/Office District) to PUD/C-2 (Planned Unit Development/Commerce District) as provided in City Resolution No. 2005-49 adopted on March 14, 2005; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 13,000 square foot, pharmacy development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. The use and development of the Subject Property shall conform to all of the following: All conditions of approval specified by the City Council in Resolution No. 2005-49 adopted on March 14, 2005, attached as Attachment One; Site Plan, attached as Attachment Two; Grading, Drainage and Erosion Control Plan, attached as Attachment Three; Utility Plan, attached as Attachment Four; Landscape Plan, attached as Attachment Five; Photometrics Plan, attached as Attachment Six; Exterior Elevations, attached as Attachment Seven No buildings or structures other than those shown on Attachments One through Seven may be erected or maintained on the Subject Property. The approval of the PUD authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property: An encroachment of between five feet and eighteen feet into the thirty-five-foot buffer area along the north side of the Subject Property as shown on Attachment Two is authorized. An eight-foot high maintenance-free screen fence with enhanced landscaping, in accordance with Attachments Two and Five, shall be maintained on the north line of the Subject Property. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. The Subject Property may be developed and used only in accordance with paragraphs 1 through 4 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT ___________________________________________ STATE OF ______________ ) ) ss COUNTY OF ____________ ) The foregoing instrument was executed this ____ day of ___________, 2005, by ____________________, the _____________________ of Brooklyn BASS CVS, L.L.C., a Minnesota limited liability company, on behalf of the company. __________________________________________ Notary Public APPROVED BY THE CITY OF BROOKLYN CENTER By________________________________________ Its Mayor By________________________________________ Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________, 2005, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectively, of the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. ____________________________________ Notary Public 1 CLL-263272v1 BR291-259 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this _____ day of ________________, 2005, by Brooklyn BASS CVS, L.L.C., a Minnesota limited liability company (hereinafter the “Declarant”); WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1, CVS Brooklyn Boulevard Addition, Hennepin County, Minnesota (hereinafter the “Subject Property”); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Property from the zoning classifications R-1 (One Family Residence District) and C-1 (Service/Office District) to PUD/C-2 (Planned Unit Development/Commerce District) as provided in City Resolution No. 2005-49 adopted on March 14, 2005; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 13,000 square foot, pharmacy development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. The use and development of the Subject Property shall conform to all of the following: All conditions of approval specified by the City Council in Resolution No. 2005-49 adopted on March 14, 2005, attached as Attachment One; Site Plan, attached as Attachment Two; Grading, Drainage and Erosion Control Plan, attached as Attachment Three; Utility Plan, attached as Attachment Four; Landscape Plan, attached as Attachment Five; Photometrics Plan, attached as Attachment Six; Exterior Elevations, attached as Attachment Seven No buildings or structures other than those shown on Attachments One through Seven may be erected or maintained on the Subject Property. The approval of the PUD authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property: An encroachment of between five feet and eighteen feet into the thirty-five-foot buffer area along the north side of the Subject Property as shown on Attachment Two is authorized. An eight-foot high maintenance-free screen fence with enhanced landscaping, in accordance with Attachments Two and Five, shall be maintained on the north line of the Subject Property. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. The Subject Property may be developed and used only in accordance with paragraphs 1 through 4 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT ___________________________________________ STATE OF ______________ ) ) ss COUNTY OF ____________ ) The foregoing instrument was executed this ____ day of ___________, 2005, by ____________________, the _____________________ of Brooklyn BASS CVS, L.L.C., a Minnesota limited liability company, on behalf of the company. __________________________________________ Notary Public APPROVED BY THE CITY OF BROOKLYN CENTER By________________________________________ Its Mayor By________________________________________ Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________, 2005, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectively, of the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. ____________________________________ Notary Public 1 CLL-263272v1 BR291-259 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this _____ day of ________________, 2005, by Brooklyn BASS CVS, L.L.C., a Minnesota limited liability company (hereinafter the “Declarant”); WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1, CVS Brooklyn Boulevard Addition, Hennepin County, Minnesota (hereinafter the “Subject Property”); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Property from the zoning classifications R-1 (One Family Residence District) and C-1 (Service/Office District) to PUD/C-2 (Planned Unit Development/Commerce District) as provided in City Resolution No. 2005-49 adopted on March 14, 2005; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 13,000 square foot, pharmacy development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. The use and development of the Subject Property shall conform to all of the following: All conditions of approval specified by the City Council in Resolution No. 2005-49 adopted on March 14, 2005, attached as Attachment One; Site Plan, attached as Attachment Two; Grading, Drainage and Erosion Control Plan, attached as Attachment Three; Utility Plan, attached as Attachment Four; Landscape Plan, attached as Attachment Five; Photometrics Plan, attached as Attachment Six; Exterior Elevations, attached as Attachment Seven No buildings or structures other than those shown on Attachments One through Seven may be erected or maintained on the Subject Property. The approval of the PUD authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property: An encroachment of between five feet and eighteen feet into the thirty-five-foot buffer area along the north side of the Subject Property as shown on Attachment Two is authorized. An eight-foot high maintenance-free screen fence with enhanced landscaping, in accordance with Attachments Two and Five, shall be maintained on the north line of the Subject Property. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. The Subject Property may be developed and used only in accordance with paragraphs 1 through 4 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT ___________________________________________ STATE OF ______________ ) ) ss COUNTY OF ____________ ) The foregoing instrument was executed this ____ day of ___________, 2005, by ____________________, the _____________________ of Brooklyn BASS CVS, L.L.C., a Minnesota limited liability company, on behalf of the company. __________________________________________ Notary Public APPROVED BY THE CITY OF BROOKLYN CENTER By________________________________________ Its Mayor By________________________________________ Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________, 2005, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectively, of the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. ____________________________________ Notary Public 1 CLL-263272v1 BR291-259