1972-03-21 PC Minutes - Laserfiche WebLink

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.1> ARNOLD 1 >YINSCSa MI11AtL MINVM• AICHAIID MS 1U JAMtS J CCNUM•CNtn ALVIN MAlMn4 ROOMY M in NM>. '.'Mtn •1•1011 •tlt! Village Council Village of. Mounds View 1 2401 Highway 10 St. Paul, Minnesota 55112 RE: Restrictive Covenants Zoning :"i Gentlemen: TEINBERG. MIRVI6s. MEYERS, SCHUMACHER St MAI MON. MA: .ITTOMNSY•. LAW rnt towt$* O AT[WSV Cont!! 1\ MtNNaUIN AVTNNt M11INCAIOLIS. MINNf \OTA •Saul an 0431 March 31, 1972 t11SNSSAN p/ICt•, S Ia1Mln0 :1[W. MI.NTg1 L SYIMSTON At the last Council meeting a questicn was raised, relative to a search for the restrictive covenants that may exist on property abutting Highway 10. A restrictive covenant, such as a provision ,in a deed that nothing except a residential home can be built on a piece of land, is,a private agreement between grantor and grantee that runs with the land. This means tkhatlanybody''that purchases this particular property takes it subject to the, restriction imposed. This will appear of record and other,documents relating to said parcel of lane. In order to determine what restrictive covenants go with each parcel of land it would be necessary to examine the title for each parcel involved and find theparticular document that may have imposed the restriction. Most restrictions run for 20 to 25 years at which time they, lapse. After the lapse date the restriction no longer applies and the land is free of the covenant'. if a;parcel of land had a restriction such as'I have described above, and a grantee would attempt to build a commercial business on said land, court action could be brought by parties of interest to prohibit the construction' of the commercial building,/ Because of this potential, the builder of a commercial building would be unable to get mortgage on said property. This restriction, however is a private matter between grantors and grantees and other parties of interest, but not the governing body of the community wherein the land lies.