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COVENANT FOR OVERSIZED ACCESSORY STRUCTURES ON LOT 5, BLOCK 1, KOKESH FARM THIS COVENANT, made ' and entered into this day of Lthe. , 2001, by CPV Development Company, LLC,a Minnesota limited liability company (hereinafter referred to as "Applicant") and the City of Orono, a Minnesota municipal corporation(hereinafter referred to as the "City"). WITNESSETH: WHEREAS,the Applicant has completed the process of subdividing that certain 37-acre property within the City of Orono identified as Hennepin County PINS No. 31-118-23 14 0008 into 6 individual building lots, and said subdivision plat is known as Kokesh Farm; and WHEREAS, newly created Lot 5, Block 1, Kokesh Farm (hereinafter "Lot 5" or "the Property")is approximately 7.3 acres in area and contains two existing structures identified on the survey attached as Exhibit A as "the Barn" and "the Riding Arena"; and WHEREAS, the Barn and the Riding Arena are considered as Oversize Accessory Structures under Orono Zoning Code Section 10.03,Subdivision 9(C),the Barn being 4,230 square feet in footprint area and the Riding Arena being, 10,267 square feet in footprint area; and WHEREAS,both the Barn and the Riding Arena exceed the footprint area allowed for accessory structures on a property of 7.3 acres under Section 10.03, Subdivision 9 (C), and would normally be required to be removed upon completion of the subdivision; and WHEREAS,the Barn and the Riding Arena have existed at their current locations and sizes since prior to adoption of Section 10.03, Subdivision 9 (C); and WHEREAS,Applicant made application to the City of Orono for variances to Section 10.03 Subd.9(C)to allow the continued existence and use of the Barn and the Riding Arena within said Lot 5; and LMW-195215v4 1 AL205-2