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Home My WebLink AboutDeclaration of restsrictive Covenant-2014 i (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this_5�t day of 2014, by the undersigned parties, representing all of the owners in fee of the land hereinafter described, lying in Hennepin County, Minnesota. WHEREAS, Jeffrey S. Deters and Kelly M. Deters, husband and wife, are the fee owners of real property located at 320 Turnham Road, legally described on the attached Exhibit "A"• and WHEREAS, property owners have applied to the City of Orono for Permit No. 2014- 01044 to construct a�square foot Dc rOIQ� ("Oversized Accessory Structure") depicted on the attached Exhibit"B"; 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. 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 unless 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. 178509 1 B. If the property is subdivided,the setback required for the Oversized Accessory Structure shall remain conforming. C. The Oversized Accessory Structure shall not be rented, leased or otherwise provided for use as a dwelling or guest house under any circumstances. D. The Oversized Accessory Structure shall not be used for a home occupation unless specifically approved by the City or if allowed by this Code. E. Construction and/or installation for a sink and a toilet(not a shower or bathtub) shall be allowed and regulated in the Oversized Accessory Structure that is conforming in location, size and height subject to provisions of the municipal sanitary sewer or conforming sewage treatment system designed to handle the anticipated flows from such fixtures. 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. CITY OF ORONO By: Lili Tod McMillan,Mayor .i Ji AAJfA N7 By: a� a essicL s i Administrator Y r^, 2 DECLARANTS , ` p C Y X. 10- a ��-°°• ® Jeffrey S Deter , ee Owner Kelly Nf Deters, Fee Owner 178509 2 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1_day of , 2014 by Lili Tod McMillan and by Jessica Loftus, respectively the Mayor and City 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. Notary Public MONICAA.FADNESS �- NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2017 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 046 �Lr The foregoing instrument was acknowledged before me this day of , 2014 by Jeffrey S.Deters,husband of Kelly M. Deters. Notary Public MONICA A.FADNESS 7 �y NOTARY PUBLIC MINNESOTA ;:';Commission Expires Jan.31,2017 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of hLf�-, 2014 by Kelly M.Deters,wife of Jeffrey S.Deters. No Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association MONICA A.FADNESS 317 Eagandale Office Center NOTARY PUBLIC-MINNESOfiA 1380 Corporate Center Curve < My commission Expires Jan,31,2017 Eagan, Minnesota 55121 SMM/jmo 178509 3 EXHIBIT "A" Lots 1 and 2, Block 1, Chippewa Third Addition, Hennepin County, Minnesota. The North line of Lot 1 and part of the North line of Lot 2 are marked by Judicial Landmarks set pursuant to Torrens Case No. 16065. (Torrens property, Certificate of Title No. 1167460) 178509 4 + t I EXHIBIT"B" CERTIFICATE OF SURVEY FOR KIM SCHMIDT LLC OF LOTS 1 AND 2,BLOCK 1,CHIPPEWA THIRD ADDITION HENNEPIN COUNTY,MINNESOTA 88 S 88'28'45'E 362.00 IjLM 28.11 EELPRO got 1 I o _ ,P. - ...... I I I 1 1 IY 8 m�i I 1 I le {i PLAY HOUSE Z Z . EA aww°"O' NG = USE ,032 YIELLtN se :POOL AND PATIO 66 S 89'24W E 352.00 S CHIPPEWA LANE LEGAL DESCRIPTION OF PREMISES SURVEYED: Lots 1 and 2,Block 1,CHIPPEWA THIRD ADDITION. This survey shows the boundaries of the above described property, the location of an existing house,garage,driveway,septic mound and play house,topography of a portion of the property,and the proposed location of a proposed building.It does not purport to 80 60 120 show any other improvements or encroachments. �.{I • : Iron marker found 0 : Iron marker set SCALE IN FEET --IEEt— Existing contour line WALE °�•°"�°�n•o wre oe6eRNF1aN GRONSERG 3 ASSOCIATES,INC IN.I hw4ey eYNtly 6R. M 6W Yrwy,qNn NK NEP01[ N 160-11 ALT FENCE.ORM IED PROTECTION FENCE ADDED DRAM Sir 001 wn Ma � L 'a coNsuLnNG ENGINEERS.tnNo suavErATE -0 SITE PLANNERS 0-7.14 CHECKED "5 N.HALLOW DR.LONG LAKE,MK 55356 JOE NO. M-473.4141 DME /&&J.J YN 110ENEE NIRAAEI it>']Y 1W16 178509 5 Doc No T05211928 Certified, filed and/or recorded on Nov 3, 2014 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1171155M Doc Name: Declaration Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1167460 This cover sheet is now a permanent part of the recorded document.