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HomeMy WebLinkAboutcovenant/oversize access structure ,, . . �� �pn 1�,�t� P� . � Doc No 8842977 08/09/2006 12:51 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 245011 Deputy 7 Fees $35.50 DOC $1Q.50 SUR $4�00 Total ` � . ` '7�-1� S�r��-�y �-t► 1 I ��'1 CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this ;�� day of June, 2006, by Jamie Wilson, a married person (Applicant), David Ericson, her husband, and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicant has made application to the City for an accessory structure on property in Hennepin County, State of Minnesota, legally described as: Lot 1, Block 1, Spring Hill Estates (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 78-1434 of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 78-1434, specific conditions exist for an allowable OAS; and WHEREAS, Section 78-1434 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. Page 1 of 4 . , NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicant's request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City the Applicant, and her spouse. 2. The following conditions shall control the existence of the OAS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure, except temporarily as herein provided. B) Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property or if the OAS has not been modified, as necessary by applicable Orono ordinances, to qualify as a principal structure, 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 area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 78-1434(2) of the Orono Municipal Code, or the OAS shall be attached to and integrated with the principal structure in accordance with applicable ordinances such that the OAS, as modified, is considered to now be part of the principal structure. Setback requirements as defined in Section-1434 shall also apply. 3. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Page 2 of 4 � • • . CITY OF ORONO: . By. 1����� Barbara A. Peterson, Mayor � B y: ;�y y;.�Crc� . �l'l-i. Linda S. Vee, City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) .�, The foregoing instrument was acknowledged before me this r ,_' '�' day of �: !� •-� , 2t� ;. � , by Barbara A. Peterson ar�d Linda S. Vee, the Mayor and the City lerk of the City of Orono on behalf of the municipal corporation. '1 '� ��r� ,� �. � _ ,�-� f`� Notary Public i ������ JACQUEIYN M. YOUNG � Notary P���hlic-Minnesota .... My Com�iasbn F.�irea Jan 37,2010 Page 3 of 4 , .. .� � , ♦ • APPLICANT: By: J e ilson SPOUSE: By: ' ��•G C �-- David Ericson ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �day of June, 2006, by Jamie Wilson and David Ericson,husband and wife, as their free act and deed. BREANNEJOHNSON � � Notary �ublic-Minnesota Notary Public My CommltsWn ExplrN Jsn 91,2010 FEE OWNER(S): By: amie Wilson, fee owner By: (�xc-r• ���� avid Ericson, spouse ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�day of June, 2006, by Jamie Wilson and David Ericson,husband and wife, as their free act and deed. BREANN� JOHNSON � Nota��;.� ��s::Falic-Minnesota NotaryPublic My Commis�an Expfres Jan 37,2010 C:�Docwnents and Settings�All Useis�Documents�aaPWJactive�Faicson-Gaiage Addition\Oversize Accessory Struciure Covenaz►t COV.doc Page 4 of 4