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WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS23- <br /> 0000175 to construct a 925 square foot detached building ("Oversized Accessory Building") <br /> depicted on the attached Exhibit"A"; and <br /> WHEREAS, as a condition of issuance of the Permit and pursuant to City Code Section <br /> 78-1434(3), the Declarants agree to impose upon and subject the Property to certain covenants, <br /> conditions, restrictions and reservations for the benefit of the City, the Property, and its present <br /> and future owners; <br /> NOW, THEREFORE, the undersigned parties hereby declares, impose upon, create and <br /> establish the following covenants, conditions and restrictions upon the Property: <br /> A. PROHIBITION ON USES. <br /> 1. Not more than one Oversized Accessory Building shall be permitted on any <br /> property.An Oversized Accessory Building is defined as an accessory building of footprint <br /> area in excess of 1,000 square feet. <br /> 2. No such Oversize Accessory Building shall be nearer the front lot line than <br /> the front line of the principal building on the Property and the principal building setbacks <br /> must be met. <br /> 3. The maximum height for such Oversized Accessory Building shall be thirty <br /> (30) feet or the defined height of the principal residence building on the Property, <br /> whichever is less. <br /> 4. No future subdivision will be approved for the Property that places the <br /> Oversized Accessory Building within a lot that has no principal building, except that the <br /> City in its subdivision approval may grant a finite time period in which the Oversized <br /> Accessory Building may remain without a principal building, in order that a principal <br /> building may be constructed. At the end of this time period, the Oversized Accessory <br /> Building must be removed if no principal building has been constructed. <br /> 5. If the Property is subdivided, the Oversized Accessory Building and <br /> principal building will be located together within a lot that meets the minimum lot area <br /> requirement for the given size of the Oversized Accessory Building. <br /> 6. If the Property is subdivided, the setback required for the Oversized <br /> Accessory Building shall remain conforming. <br /> B. RUN WITH THE LAND. The covenants and restrictions set forth in this <br /> Declaration shall run with the Property, shall be recorded with Hennepin County against the title <br /> to the Property, and shall be binding upon and inure to the benefit of the City and the Declarants <br /> named herein, their successors, heirs, and assigns, and any other person or entity at any time <br /> hereafter who shall become the owner of the Property. <br /> 229023v1 <br />