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HomeMy WebLinkAboutcovenant for oversized accessory structure . J CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE � THIS COVENANT, made and entered into this �� day of r 19�, by Robert S. Gehrman and Marilyn Gehrman (husband and wife), (herein er referred�to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for an accessory . structure on property located at 4300 Sixth Avenue North (PID 31-118-23 12 0019) in Hennepin County, State of Minnesota, legally described as: Lots 2 and 3 and Outlots A and B, Sharon Hills, Hennepin County, Minnesota (hereinafter "the property"); and (hereinafter referred to as "Subject Property"); and WHEREAS, City staff have reviewed Applicants' application and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for one (1) Oversized Accessory Structure ("OAS") on the Sub;ject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the existence of the OAS: Page 1 of 3 A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. � B) Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be deterinined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. C) Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot azea requirement based upon the size of the accessory building, which lot azea requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. 3. This Covenant shall be binding upon current and future owners of Subject Properly, and shall be filed within the chain of title of the Subject Property. 4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. ' ITY F ORONO: By: Its Mayor < gy; � .�� Its City Clerk ACKNOWLEDGEMENT STATE OF NZINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ,� (� day of !�PlJY'c�r w , 19�9 � bY r- ancl ;y� , the � and of the City of Orono on beh f of the municipal corporation. ��`='"`''�' � /�/Y,t-�o� (o. ?��slr.,r / ' �: CAROLE A NASEMAN Notary Public �` .��:,k,�t� NOTARYPUBIIC-MINNESOTA � '�?,;y:• HENNEPIN COUNTY My Ccmmission Ex�ires dan.31,2000 'cE7�..-� �- ---.�...-�,�.�-<j Page 2 of 3 APPLICANT(S): By: . By: � �� ACKNOWLEDGEMENT (APPLICANTS) STATE OF 1��INNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �rc� day of „a,;, , 19 q s , by Robert S. Gehrman and Marilyn Gehrman (husband and wife) fis the�r free act and deed/on behalf of the corporation. ����Q , C�.,c� Notary Public FEE OWNER(S): _ By. By: S- ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 3rd day of ��jr���r,, , 19 4'� , by Robert S. Gehrman and Marilyn Gehrman (husband and wife) as their free act and deed/on behalf of the corporation. `c`::!`P,!_'. , :, /�-� CAROLE A.NASEMAN '' `��i?� p , � . ��` � 1��=•-a�,i��� NOTF,RY PUBIIC-MINNESOTA NOt� PUUIIC ���.•;����� HENNEPINCOUNTY i `:;y'" My Ccrr,missicn Er.pires Jan.31.2000 L' '-=L:� ...- .��'�..-� Page 3 of 3