04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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WHEREAS, Declarant is the owner of certain real property in the City of Pequot Lakes, Crow Wing County, Minnesota, legally described on the attached Exhibit A(the"Property"); and WHEREAS, Declarant desires to create on the foregoing property a townhome resort community with open spaces and recreational facilities for the benefit of said community, as hereinafter provided; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in the community and for the maintenance of said private open spaces and recreational facilities and to this end desires to subject the Property to the easements, restrictions, covenants, conditions, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Property and each Owner thereof; and WIIEREAS, Declarant has deemed it desirable for the,40 ent preservation of the values and amenities in the community to create an agency to which sh©W be legated and assigned the power of maintaining and administering the community properties and :'61cilities, administering and enforcing the covenants and restrictions herein contained and coping and disbursing the assessments and charges hereinafter created; and WIW-REAS, Wilderness Resort Villas,AssociatiM Inc. has been organized under the laws of the State of Minnesota,as a nonprofit corpo °- the pt�se of exercising these functions. NOW, THEREFORE, Declarant declares that the Property shall be held, transferred, sold, conveyed and occupied subject _ ollowcovenants, conditions, restrictions, easements, charges and liens (sometimes.marred as "tenants and restrictions"), which covenants and restrictions shall run with the Property a4be,biniAllog on all parties having any right, title or interest therein,their heirs, successors andns, and inure to the benefit of each Owner thereof. ARTICLE L DEFINITIONS The following war x used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean Wilderness Resort Villas Association, Inc., a Minnesota non- profit corporation, and its successors and assigns. (b) "Common Area" shall mean all real property and improvements thereon owned by the Association for the common use and enjoyment of the Owners and such other persons to whom the Owners may delegate this right pursuant to the Declaration as defined with particularity. The Common Area shall be owned by the Association for the common use and enjoyment of the Owners and such other persons to whom the Owners may delegate this right pursuant to the Declaration. The Common Area owned or to be owned by the Association at the time of the conveyance of the first Lot is legally described as Lot , Block , Wilderness Resort Villas. 4