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r-.•> <br />r)F,c*.A»ATl<v; OF •'*ovf:sat.*‘; <br />This Declaration of rov.,T..»r.is is m i !»» an! ont*»re.1 into <br />this 13th *iay of July 19R7 by and between Craigbank <br />Associates* a Minnesota General l»artn*^rship ( *Ci aiqbank") and the <br />City of Orono* a Minnesota maninipa’. jorporation '“City"), <br />WHEREAS* Ctaigbank the owner of a certain tract of land <br />located in the City of Orono, bounty of Hennepin, State of <br />Minnesota# legally described in the attached Fxhibit A <br />("Property**)# which is made a pact of this document; and <br />WHEREAS# Craigbank .an male application to the City for a <br />variance and conditional use permit to build un enclosed sports <br />reereaeional accessory buildinq (“Sports Center**); and <br />WHEREAS# the City Council granted the application on June <br />22# 19R7 subject to Craigbank ncotinq certain conditions sot forth <br />in Resolution No. 2204. <br />Now, •.■'HEREFORE, in consi loratvon of the approval granted to <br />Craigbank as set forth in llcsolution <br />covenant with the City as follow/a: <br />!o. 3204, Craigbank does <br />1.That the Sports Center shall never be used for <br />comnercial 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 />2.That if the Property is ever subdivided, the <br />principal residential structure currently existing on <br />the property and 'Sports Center shall remain on a <br />parcel of pronerty that naineni'’ at least 13.5 acres <br />in area and maintains at least a I'O foot setback <br />between the Sports Center and all newly created <br />property lines. <br />3.That the Sports Center shall never be sold separately <br />from the main residential structure currently <br />existing on the Property. <br />That access to the Sports Center shall be solely from <br />the private driveway on the Property as set forth In <br />Exhibit D-l of Resolution Mo. ?204. <br />5.That the Sports Center stiucture shall be adequately <br />screened as describe*! in rxhlhlts B-l through S-4, <br />inclusive, of Resolution Mo. 2204 from the public <br />roadway and from the neighboring residences so a* not <br />to appear as a commercial structure. <br />I <br />: i <br />I <br />I <br />f i