09-22-1997 Council Packet - Laserfiche WebLink

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r DECLARATION OF BUILDING RESTRICTIONS (Lot 3) THIS DECLARATION is made as of September , 1997, by James G. Fullerton, III and Robert A Stein, Trustees of the Elizabeth L. Fullerton Revocable Trust U/A, dated 1/4/85, as amended, with Elizabeth L. Fullerton, as donor (the ’Trustees"). RECITALS: A The Trustees are the owners of the following described real estate situated in the City of Orono (the "City"), Hennepin County, Minnesota: Lot 3, Block 1, Fullerton Estates, according to the recorded plat thereof ("Lot 3"). ;; R, The Trustees desire to place certain building restrictions on Lot 3, and to provide notice with respect to the Type 2 Wetlands located on Lot 3 (the "Wetlands"). NOW, THEREFORE, the Trustees, on behalf of themselves and their successors and assigns, hereby covenant and agree as follows, and hereby declare and create the following restrictioits, all of which shall run with title to Lot 3: 1. Ruilding Rp<;trirtions. No building, struaure, fence or Other improvement shall be constructed, placed or maintained on or above the surface of that part of Lot 3 lying South of the following described line: That part of Lot 3, Block 1, FULLERTON ESTATES which lies southerly of the following described line and its e.xtensions: Commencing at the northwest comer of Lot 4, said Block 1; thence on an assumed bearing of South 6 degrees 36 minutes 16 seconds West along tne westerly line of said Lot 4 a distance of 207.83 feet to the point of beginning of the line being described; thence North 77 degrees 45 minute- 16 seconds West across said Lot 3 to the shore of Lake Minnetonka, and said line there ending. That part of Lot 3 lying South c/ said line is hereinafter referred to as the "No Build Area", and is shown on Exhibit A hereto. 2. Prohibition Against Tree Removal. The two groupings of Scotch Pine and Spruce trees located along the Easterly lot line of Lot 3 within the No Build Aea shall 1 c 4