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<br />OY�.\ SI'_�C'-; l•:_1S1•: ;]}�\"1�5 :1Zll C'O�'1�;\:1:�1'S
<br />'t'his Indc�tlture, maclt a�ic1 etiter�cl irito tk�is day of , 19G8, k�y ar�d
<br />bef«��ei� 13ai1-C'on, Iiic. , a lliniiesota coi•p��i•atiorl ll��velo��cr; Bailkers ?1�i�rtgage
<br />GOI'�oration, a a�I1I121t•�ota coi�por�,�tioii, \lor�t�a�ec; hereinafter colleciively called
<br />"grantor"; and thc� Villag�� of I;o�c�rille hereinafier called "grantee".
<br />a
<br />4Vitric�ssc�tl�:
<br />Whereas, i�le said gr�nt�r is developin� certain real estate for a reside�ltial
<br />community h�zo�vn as ��'cst��•ood Vi11_agc�, ailcl
<br />���hercas, the s�-iici gz•ant��i� dc,5ii•e� to sc�t aside �vithii� SalU coinniunity certain
<br />acr�s as permanc�rlt opeil �pace, streets and other cominon facilities to provide
<br />re�reation and enjoyment etclusively for il�e residenis in said coi.lmunity, and
<br />Whereas, the said grantor ha� deemed it desirable, for the efficient
<br />pt•eser�vation and eizhancemeizt of the valuE�s and amenities ii� said cc�mmurlity and �
<br />io instire ttie residents' E�njoyment oi certain rights, privileges and easements in
<br />said open s��ace, stieets ancl common iacilitiesi to create an ag^ncy the tiVestwood
<br />�illage Association, �vllich shall o�vn and maintaii� said opeiz space and coxnmon
<br />f�cilities exclusively for the bPn�fit oi the residents iii said community, and
<br />Wher�as, the said grantor desires to assut•e the Village of Roseville,
<br />Ramsey Cot�iity, Minnesotas that the open space, stre2ts and aher community
<br />areas to be maintaincd by thP �Vestwoo� Village Association shall be permarxently
<br />devoted to recreatioii and coiizrnon eizjoytnent by the residents in W'est��road Village
<br />and sha11 not be develop��d ehcepi; as hereinafter provided. �
<br />1'+To��v Thcrefore, for and in consideration of the promises and the sum of �
<br />$1. 00 to the grantor in hand paid, receipt whereo£ is hereby acknowledged, the
<br />said grantor tlereby grants and conveys urtto the brantee, and the grantee hereby
<br />aceepts an estate, interest and open space easement i� the foll.owin�; described
<br />areas: � �
<br />I_�ot 1 oi Block 9, Westwc��d Village Plat 1, an addition to the Vill�ge of
<br />Roseville, Ramsey Countj , Minnesota, . �
<br />said estate, int�.:rest and o�aen space easement shall be of the nature and e:-tent
<br />hereinafter specified and sha11 constitute a servitude upon the above c�escrib.ed areas
<br />�c�hich shall result from the restrictions hereby imposed upon the use of said
<br />areas and to that end and fox• the purPose of accomplishing the intent of the parties
<br />�Preto, said grantor coveiiants on behalf af itself, its successors and assigns.
<br />1) That no structures of any kind -,vill be placed oz• er•ected u�c�n said
<br />described areas Lintil applicatioli ti�erefor, with plans and specifications of such
<br />structur�s, iobether �vith a statement of the purpo�e f�r which the structure will
<br />be used, has been filed Wlt.l1 and r��ritten approval obtained from the �TillagE� of
<br />Roseville, Ramsey Caunty, Minnesota; provided, however, that there shall
<br />be reser�red to ihe grantor, its successors and assigns, the right to construct
<br />su�ch recreational and sezvice structures, improvements and facilitiF�s
<br />as are necessary and appropriate to the full enjoyment af such areas by the
<br />residerlts in said comrriunity of �Vest�vood Village.
<br />2) In the event that the �Vestwaod Village A ssociation or any successor �
<br />organization, s�za11 at any time fail to mairitain said areas in reasanable or•der
<br />and conditions, the �Tillage of Rosevill�, P,amsey County, Minnesota, may enter•
<br />ugon said areas and pro�id� ihe necessary maintenance. The cost of such
<br />� maintenance sf1�11 be defray_�d out of assessments �vhichthe tiVest�vood Village
<br />A�sociation has levied oi� is entitled t� levy purs,�at�t to the coveilant� recorded
<br />� contemporaneously herew:tli and the grantee shall in respect of tlle costs of such
<br />maintenance have the right to be subrogated to the rights of the A ssociation in rPspect
<br />to its ribht to levy assessments and to a11 tlie remedies for collection and enfor•cemerit
<br />of ihe same; nrovided, however, that said entry and maintenance by the Village of
<br />Roseville, R3 msey Cotuity, 1�`Iin�esota, shall not vest ir� the public any rights to use
<br />the �bove described op�n space ar�� a�d facili�ies unless and until the same are
<br />voluntarily dedicated t� tlie public by the O�vners.
<br />To Have and to Hold unto the said ?jillage of Roseville, Ramsey County, _
<br />1Vlinnesota, its successoi•s and as�igns, Forever.
<br />In ��,'iiness ��'hereof, ihe � rantor and gra.itee have hereunto sent their hands
<br />and seals a11 as of this day and ycar first �i��ritten.
<br />BAN -CO�T� �T�.
<br />by its Pc•eti ic�ent ar.d
<br />Its Secreta ry
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