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t <br />DECLARATION Of RESTRICTIVE COVENANT <br />THIS DECLARATION, Made this ldth day of Aueuat <br />1982, by MARGARET LOMAX THOMAS, a widow and unmarried, also <br />known as Margaret Pearl Lomax Thomas, hereinafter referred to <br />as 'Declarant"i <br />WITNESSETH THATt <br />WHEREAS, The said Declarant is the fee owner of the <br />real property situated in the City of Orono, County of Hennrpin, <br />State of Minnesota, described as follows, to -wits <br />Lots 7 and 8, Homes on Brown's <br />Bay, according to the recorded <br />plat thereof <br />(which real property is hereinafter referred to as the 'Subject <br />Prenises')1 and <br />WHEREAS, The dwelling house on the Subject Promises <br />has recently been hooked up tv the sanitary sewr in the abutting <br />street under City of Orono Perr.tt No. 66641 and <br />WHEREAS, There now exists upon the Subject Promises <br />a garage building which includes on the second story thereof an <br />apartment physically suitable for residential purposes which use <br />would now be a nonconforming use under the i.ity of Orono loninq � <br />Ordinances, but which use might be persitted in the future if said <br />naraqe buildinq were hooked up to the sanitary sewer and if'proper <br />authorization for such use were obtained from the City Council <br />of the City of Orono under the City of Orono soninq ure+nanoes1 and <br />WHEREAS, The apartment has not recently been utilierd <br />for hunen habitation, occupancy or use and since it is not the <br />,cent'a intention to utilize said apartment for human habi- <br />—%,.'n, ncrupancy or use, Declarant elected not to hook up said <br />?•r.y- hliil(linq to the sanitary sewer) <br />