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09-26-2001 Special Council Agenda
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09-26-2001 Special Council Agenda
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WHEREAS, the Declarant has applied to the City of Little Canada for a subdivision of <br />real property owned by the Declarant, which includes the Subject Property. <br />WHEREAS, the City of Little Canada has passed a Resolution allowing said subdivision, <br />subject to the Declarant's agreement to place this Declaration of Covenants and Restrictions on <br />the Subject Property. <br />WHEREAS, the Declarant desires to place the following covenants and restrictions on <br />the Subject Property. <br />NOW, THEREFORE, the Declarant, in consideration for the approval of the subdivision <br />by the City of Little Canada, for himself, his heirs, survivors, executors, administrators and <br />assigns declares that the Subject Property be held, sold, conveyed and occupied subject to the <br />following covenants and restrictions, which covenants and restrictions shall run with the Subject <br />Property and shall be binding on all parties having any right, title, or interest in the Subject <br />Property. <br />1. Prior to the further development of the Subject Property, as defined above, the Subject <br />Property is restricted from any future subdivisions by Declarant, his heirs, survivors, executors, <br />administrators and assigns, or any other party having any right, title, or interest in the Subject <br />Property. <br />2. These covenants and restrictions may be enforced by the City of Little Canada, its <br />successors and assigns, by the commencement of a proceeding at law or in equity against any <br />owner, person, or person violating or attempting to violate any covenant or restriction, either to <br />restrain violation or compel compliance, or to recover damages. Failure by the City of Little <br />Canada to enforce any covenant or restriction herein contained shall in no event be deemed as a <br />waiver of the right to do so thereafter. Attorney's fees and costs of the City of Little Canada, its <br />successors or assigns, from any such actions to restrain violation or to recover damages as <br />determined by the Court, shall be assessable against and payable by any owner, person or <br />persons violating the terms contained herein. <br />IN WITNESS WHEREOF, the undersigned, being the Declarant above named, has <br />executed this instrument the day and year first above written. <br />William M. Richie <br />PAGE 11 <br />
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