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RESOLUTION NO. 06-11-48
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION CONSENTING TO THE RELEASE OF
REAL PROPERTY FROM EXISTING DECLARATION, DECLARATION
OF NEW COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, certain Declaration of Covenants, Conditions and Restrictions were
dated October 21, 1994 which were recorded with the Washington County Recorder on December
13, 1994 as Document No. 825980; and,
WHEREAS, said document placed certain restrictions on improvements to real
property located then within the Town of Baytown and now within the City of Oak Park Heights as
a result of annexation occurring in 1997; and,
WHEREAS, WATE Enterprises, Inc., a Minnesota corporation, is the owner of real
• property located at Lot 3, Block 2, Kern Center 2nd Addition; and,
WHEREAS, WATE Enterprises, Inc. intends to place certain improvements on its
property, including the constructing of a building on the far west side of the property, removing
existing berm; and,
WHEREAS, the aforementioned Declarations provide for the opportunity for
adjacent property owners and the owner of the lot to release the property from the restrictions, as
well as requiring the consent of the local government unit which, in 1994, was Baytown Township
and which at the present time is the City of Oak Park Heights as a result of annexation of the
property occurring in approximately 1997; and,
WHEREAS, all property owners impacted by the Declarations have consented to
the release of those declarations as against the property owned by WATE Enterprises, Inc., being
Lot 3, Block 2, Kern Center 2nd Addition; and,
WHEREAS, WATE Enterprises, Inc. has requested the consent of the City of Oak
Park Heights to release the aforementioned Declarations; and,
WHEREAS, the City of Oak Park Heights, by releasing the conditions imposed by
said Declarations, does not in any way waive, release or otherwise forfeit its regulatory control
under its zoning and subdivision ordinances relative to this property.
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• NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Park Heights that the City Administrator is herewith authorized and directed on behalf of the
City of Oak Park Heights to sign a consent to the release of lands, being Lot 3, Block 2, Kern Center
2nd Addition, from the aforementioned Declarations.
November
Passed by the City Council for the City of Oak Park Heights this 14 day of 0mim,
2006. ?
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Davin Beaudet, Mayor
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Eric J son
City dministrator
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