HomeMy WebLinkAbout2009-004 Declaration of Covenants 1501 Freeway BlvdDECLARATION OF COVENANTSThis declaration is made this _______ day of ________________, 20_____, byLord Xerxes Properties, LLC, hereinafter referred to as the Owner.WHEREAS, the Owner
is the owner of the real estate described on Exhibit A (hereinafter called the "Subject Property"); andWHEREAS, the Owner has submitted an application numbered 2009-003 to the City of
Brooklyn Center (hereinafter referred to as the "City"), for Site and Building Plan Approval for a new convenience store/gasoline station on the Subject Property; andWHEREAS, the Zoning
Ordinance of the City currently requires 24 motor vehicle parking spaces for the proposed use of the Subject Property; andWHEREAS, the Owner has requested that it be permitted to build,
at this time, only21 parking spaces on the Subject Property; andWHEREAS, in consideration of being permitted to construct fewer than the required number of parking spaces, Owner is willing
to subject itself, its heirs, assigns and successors in interest to the Subject Property and the Subject Property to the continuing condition that the City may at any time, in its absolute
and sole discretion, require the construction of additional parking spaces up to the number of spaces currently required by the zoning ordinance of the City; andWHEREAS, the City Council,
on the 22nd day of June, 2009, gave preliminary approval to the Owner's request, conditioned, inter alia, upon the execution of a guarantee for the future construction of three additional
parking spaces.NOW, THEREFORE, the Owner hereby declares that the subject property will be held, sold and conveyed subject to the following covenants, conditions and restrictions which
are for the purpose of ensuring that the City may require the construction of up to three additional parking spaces in accordance with the ordinances of the City of Brooklyn Center,
and which will run with the land described herein and which will be binding on all parties having any right, title or interest in the land so described, or any part thereof, their heirs,
successors and assigns, and which will inure to the benefit of such parties and the City.Construction of Parking Facility. The Owner hereby agrees to construct three additional parking
spaces, upon the subject property, or land directly contiguous thereto and used in conjunction therewith, the location, design and construction thereof being in accordance with the Site
Plan submitted with application Number 2009-003, if the City determines, in its absolute and sole discretion that such parking spaces are needed.Timing of Construction. The additional
three parking spaces will be constructed within one (1) year after notice by the City to commence construction.Payment of Costs. Responsibility for payment of the costs of construction
of the three additional parking spaces will be borne by the Owner, its heirs, successors or assigns.Duration. The covenants set forth herein will run with the land and will be binding
on all persons claiming ownership thereunder for a period of thirty (30) years from the date this declaration is recorded. Thereafter, the covenant will be automatically extended for
successive periods of ten (10) years, but will expire, in any event, upon construction of the parking spaces by the Owner and inspection and approval thereof by the City.Amendment or
Dissolution. No amendment or dissolution of this Covenant will be effective without the written consent of the City. Upon construction of all additional parking spaces and performances
of all other acts required by this Declaration, the City will execute at the request of any party having a right, title or interest in the Subject Property a suitable document releasing
the Subject Property from the requirements of this Declaration.Partial Performance. The City may require the construction of the additional parking spaces in increments and the rights
of the City to require the construction of the remaining additional parking spaces will not be terminated thereby. The Owner, however, may elect to construct all of the additional parking
spaces at any time.Enforcement. In the event the Owner, its successors or assigns, fails to construct the required number of additional parking spaces within one year after notice by
the City described herein, the City may proceed to enforce this covenant by appropriate legal or equitable Court proceedings and the Owner, its successors or assigns agrees to pay all
costs of such enforcement, including reasonable attorney's fees, costs and expenses of any kind.IN WITNESS WHEREOF, the Owner hereto has executed this declaration on the day and year
indicated below.Dated: ____________________ ___________________________________ OwnerDated: _____________________
___________________________________ OwnerSTATE OF MINNESOTA ))ssCOUNTY OF HENNEPIN )The foregoing was acknowledged before me this ______ day of _____________, 20______,
by __________________________________ the ______________________ of ________________________________________.________________________________Notary PublicSubscribed and sworn to before
me this______ day of _______________, 20____.______________________________________Notary PublicThis Document Prepared By:HOLMES & GRAVEN, CHARTERED470 Pillsbury CenterMinneapolis, MN55402
Exhibit A
Legal Description
Tract A, Registered Land Survey No. 1151, Hennepin County, Minnesota