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i ^ j ■ '* ^-4 ^J\ ■* .< ,-v^ »V ^ • k ^^ ^ ^jg <br />B?^- H <br />f- ■ <br />). •/ rv <br />?■ <br />Fs nRCr.ARATI«VI OP rOVF.NAMTS <br />V ' 1. J <br />This Declaration of Covon/intR i«; mai1»? ar..1 entered into <br />this 13th day of July , 19R7 by and between Craigbank <br />Associates, a Minnesota General Partnership {"Cvaiqbank") and the <br />City of Orono, a Minnesota municipal corporation ("City'*). <br />WHEREAS, Craigbank is the owner of a certain tract of land <br />located in the City of Orono, County of Hennepin, State of <br />Minnesota, legally described in the attaciied Exhibit A <br />("Property"), which is made a part of this document; and <br />WHEREAS, Craigbank has made application to the City for a <br />variance and conditional use permit to build an enclosed sports <br />recreational accessory building ("Sports Center"); and <br />WHEREAS, the City Coutxcil granted the application on June <br />22, I9fl7 subject to Craigbank meeting certain conditions set forth <br />in Resolution Mo. 2204. <br />Now, THEREFORE, in consideration of the approval granted to <br />Craigbank as set forth in Resolution Mo. 2204, Craigbank does <br />covenant with the City as follows: <br />1.That the Sports Center shall never be used for <br />commercial purposes but shall be used solely by the <br />property owners for their private use and for the use <br />of the property owners, their families and non~paying <br />guests. <br />That if the Property is ever subdivided, the . , .. '^31 <br />principal residential structure currently existing onv;^-i <br />the property and Sports Center shall remain on a <br />parcel of property that maintains at least 13,5 acres <br />in area and maintains at least a 150 foot setback <br />between ,the Sports Center and all newly created ‘ ' <br />property lines. <br />• * • <br />3. <br />A, <br />That the Sports Center shall never he sold separately <br />from the main residential structure currently <br />existing on the Property. <br />4.That access to the Sports Center shall be solely from <br />the private driveway on the Property as set forth in <br />Exhibit B-l of Resolution No. 2204. <br />5.That the Sports Center structure shall be adequately <br />screened as describ*»d in F.xhibits B-l through 9-4, <br />inclusive, of Resolution Mo. 2204 from the public <br />roadway and from the neighboring residences so as not <br />to appear as a commercial structure. <br />I