HomeMy WebLinkAboutDeclaration of restrictive covenant ' � ' ass� s x��.. � �
,
Doc No A10101057
Certified, filed and/or recorded on
Jul 24, 2014 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 49 Pkg ID 1134633M
Doc Name: Declaration
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recordin�
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the"Declaration"), is
made this �3 day of �1+1.l��G.,. , 2014 by the undersigned parties, representing all
of the owners in fee of the land hereinafter described, lying in Hennepin County, Minnesota.
WHEREAS, Edward M. Rice and Teresa E. Rice, husband and wife, are the fee
owners of real property located at 2550 Sixth Avenue North, legally described as: Lot 4,Block
1, Willow Run,Hennepin County,Minnesota; and
WHEREAS,property owners have applied to the City of Orono for Building Permit
No.2014-00488 to construct a 1,600 square foot detached building("Oversized Accessory
Structure")depicted on the attached Exhibit"A"; and
WHEREAS,the undersigned parties desire to impose upon and subject said land to
certain covenants, conditions, restrictions and reservations for the benefit of said land and its
present and future owners;
NOW,THEREFORE, the undersigned parties hereby declare, impose upon, create and
establish the following covenants, conditions and restrictions upon the property:
1. PROHIBITION ON USES.
A. Not more than one oversized accessory structure shall be permitted on any
property. An oversized accessory structure is defined as an accessory structure of
footprint area in excess of 1,000 square feet.
B. No such Oversize Accessory Structure shall be located within a required
yard area(principal structure setbacks must be met).Further, no such structure shall be
nearer the front lot line than the front line of the principal residence on the property, and
no such Oversized Accessory Structure shall be located less than 30 feet from the side or
rear lot line regardless whether less strict principal structure setbacks apply.
176597 1
C. The maximum height for such oversized accessory structure shall be thirty
(30) feet or the defined height of the principal residence structure on the property,
whichever is less.
D. No future subdivision will be approved that places the Oversized
Accessory Structure within a lot that has no principal structure, except that the City in its
subdivision approval may grant a finite time period in which the Oversized Accessory
Structure may remain without a principal structure, in order that a principal structure may
be constructed. At the end of this time period, the Oversized Accessory Structure must
be removed if no principal structure has been constructed.
E. If the property is subdivided, the Oversized Accessory Structure and
principal structure will be located together within a lot that meets the minimum lot area
requirement for the given size of accessory building.
F. If the property is subdivided,the setback required for the Oversized
Accessory Structure shall remain conforming.
G. The Oversized Accessory Structure shall not be rented, leased or
otherwise provided for use as a dwelling or guest house under any circumstances.
H. The Oversized Accessory Structure shall not be used for a home
occupation.
I. In order to install a bathtub or shower within the Oversized Accessory
Structure a conditional use permit must be specifically approved by the City.
2. RUN WITH THE LAND. The covenants and restrictions set forth in this
Declaration shall run with the land, shall be recorded with Hennepin County against the title to
the land, and shall be binding upon and inure to the benefit of the City and the Declarants named
herein,their successors, heirs, and assigns, and any other person or entity at any time hereafter
who shall become the owner of the land.
IN WITNESS WHEREOF,as of the day and year first hereinabove written, the
Declarants have executed this Declaration.
[Signatures contained on the following page.]
176597 2
DE LARANTS
t `' , +r' .� � �7
r �.'R�t., i11 -'' r ,� _ .
3'K. , • ' . Edward M.Rice,Fee Owner
� � , �
7 s .
CS , i ` r
:i
f1 't ��S
�l... ..;� _ ��.. .
. :'� ,� :t� .
� • � .r T resa E.Rice,Fee Owner
�+' ,,G.
:�
OIANE M BROWER
NOTARY r(lBUQ
STATE OF MINNESOTA M�N���
) W C.�Nwon e�ins,ue.St,2ote
�SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledge fore me this of
2014 by Edward M.Rice and Teresa E.Rice,h d an if .
tary Public
176597 3
�,� CITY OF ORONO
,yi;:,: .
�'
,� • - .�
� , � /� � /�,
.s` f �� By: ���.4;� -iti-._l J !.t' /��,b�=Cc°�,-.
��:�F <�„ F Lili Tod McMillan, Mayor
r�'` ;r» .;,';
" "� �
yy. F •�" •
� � $),;
''`''� sr�` ' Jes ica Loft s � Administrator
� , ,
��
�`�`+;�
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ��- day of (it../�,e.., ,
2014 by Lili Tod McMillan and by Jessica Loftus, respectively the Mayor and Cit Administrator
of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
�.�G�L �J• ���-�-G�.¢�/J
"�"�'� MONICAA.FADNESS Notary Public
�� s �. NOTARY PUBLIC-MINWESOTA
:;,;;,; My Commission Expires Jan.3�,2011
w�
TIiIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
SMM/jmo
176597 4
;
EXHIBIT"A"
" S 89°32' 45" E 274.00?
r--�-------::.----------- ---------.� c,o�.,�
( A I ��a
I�
5) `Q �, (1033.1) ;�1033.8)� (1034.7) �; I '.
`` �j
P �� � �_ I
� �r�,PG S��`� PROPOSEO Pow�ov�no wr�s IS
� O�� �P (�oa�.4) ��TYP)ENCE' 1034� ; ( 1
: .... �'::�� � ? � �o�a) �(o�.�) .
� �; 32.0 �30b....l.
I N; � t .5
I PRO�OSED '� �
\(�oao.$) o
� � � �\ � °' ,
� � � I�322) �- BUILDAV(3� �/�41
(1030.7 � � ,
I � (�029.2) ` � t� .t) 1035.0 / �
, \ , 32.� . _.. 30.� �,
Q �(1034.3) �`f...
� / � �0'3� 1os4.1) I. �
'Cr I (�o2s.�) I �T y .
� � � � ;0�.3, �+�o�,;� �°�'' I o`�
� ( I (1029.0 y�4� �.S.S� \ I �
I I � �r I (1033.9;
I 28 GARAGf
� (1035.5� I
1�10 Z EXISTING o�;� ..1. 1 '
� HOUSE� � I.............�g.9.�. ..------ -I.
.
I �
�2550 �' �
I � :
• -•--•...............•--•-•-•--••127.9 ROOR ` I ' I ,(1033.7)
•--••--•._...-•-•--•••••................ I.EVEt
(1038.9) �
� (�oa�a� � � / � ( '�: ��o�.$)
� � � ; � ,BL�ACKTOP (��33.4) �
I c�oa,.�� \� �� DRIVEWAY �
(1035.2) �
� SEE DETAIL �� �0�`��� �
� c,o�.3r���o'' � I
3�.>>� ��
� � � ,� I
I (1032.4) � � I
I ^ I
I (1034.7) (
I I
I I
I I
I ,., �
I � (1034.4) I
I �� I � �
I �
I � � I
I �`:ALTERNATE� �
� � :�FPTIf'. I �