HomeMy WebLinkAboutOrono Orchard Hill Declaration of Protection of Septic Sites •
II II 1111 I 11 11 I
Doc No T05623175
Certified, filed and/or recorded on
Jun 28, 2019 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1838827C
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1486789
This cover sheet is now a permanent part of the recorded document.
II I I 11 1110
Doc No A10672341
Certified, filed and/or recorded on
Jun 28, 2019 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1838827C
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
ORONO ORCHARD HILL
DECLARATION OF PROTECTION OF SEPTIC SITES
THIS DECLARATION IS EXEMPT FROM THE PROVISIONS OF THE MINNESOTA
COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES CHAPTER 515B,
PURSUANT TO MINNESOTA STATUTES SECTION 515B.1-102 (e) (2).
This Declaration of Septic site protection (this "Declaration") is made this-'l day of
cIAW 2019, but effective as provided below, by Orono Orchard, LLC ("Developer"), a
Minnesota limited liability company, and is based on the following facts:
A. Developer is the fee owner of real property located in the City of Orono (the
"City"), County of Hennepin (the "County"), and State of Minnesota, legally described as Lots 1
and 2, Block 1, ORONO ORCHARD HILL (the "Property").
C. Developer wishes to impose upon and subject the Property to certain covenants,
conditions, restrictions, for the benefit of the Property and all present and future Owners of any
part thereof.
NOW, THEREFORE, in consideration of the facts stated above, Developer hereby makes
this Declaration and submits the Property to the covenants, conditions, restrictions set forth
below, hereby declaring that this Declaration shall constitute covenants running with the land,
and declaring that the Property and each portion thereof shall be owned, used, occupied and
conveyed subject to the covenants, conditions, restrictions, charges and liens set forth below, all
of which shall be binding upon each Person owning or acquiring any right, title or interest
therein, and their respective heirs, personal representatives, successors and assigns.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings:
1.1 "Developer": Orono Orchard, LLC, unless and until it assigns to another Person,
by an instrument duly recorded in the office of the Registrar of Titles in and for Hennepin
County, Minnesota, the rights of Developer under this Declaration, in which case
"Developer" shall mean the owner from time to time of the rights of Developer under this
Declaration.
1.2 "Lot": any of one of the numbered lots in the Plat; provided, however, that if the
Additional Property has been subjected to this Declaration, "Lot" also may mean the
Additional Property or any numbered lot in any plat that subdivides the Additional Property.
1.4 "Owner": one or more Persons who or which holds fee title to a Lot; provided,
however, that if a Lot is being sold pursuant to a contract for deed, the contract purchaser(s)
entitled to possession of the Lot shall be the Owner unless and until the contract for deed shall
have been cancelled or otherwise shall have terminated. If more than one Person constitutes the
Owner of a Lot, all such persons shall decide between or among themselves how to vote in any
vote of the Owners of the Lots, and the Owner of each Lot shall be entitled to only one vote for
each Lot owned by that Owner.
1.5 "Person": a natural individual, corporation, limited liability company, partnership
(whether general, limited or limited liability), trustee, or any other legal entity capable of holding
title to real property in the State of Minnesota.
1.6 "Plat": the recorded plat of ORONO ORCHARD HILL, Hennepin County,
Minnesota.
1.7 "Property": Lots 1 and 2 Block 1 ORONO ORCHARD HILL, Hennepin County,
Minnesota.
ARTICLE II
PROTECTIONS
2.1 Drainfield Protection. Each Lot has or hereafter shall have two individual sewage
treatment system drainfield sites approved by the City ("Drainfield Sites"), which may be the
only two feasible Drainfield Sites on the Lot. The Drainfield Sites identified by Developer and
approved by the City as of the date of this Declaration are shown on Exhibit "A" attached hereto
and made a part hereof by reference. The Owner of a Lot may designate one or two alternative
Drainfield Sites on the Lot, in lieu of one or both of the Drainfield Sites identified by Developer,
but only with the approval of the City. Neither of the Drainfield Sites on a Lot shall be disturbed
before, during or after construction and subsequent occupancy of a dwelling on the Lot,
regardless whether the Drainfield Site is in use. The existing natural topsoil on each Drainfield
Site shall remain in place and shall not be subject to any traffic which will cause even slight
compaction. To protect Drainfield Sites from inadvertent damage or destruction, no Owner shall
permit any car, truck, or earth moving equipment to enter upon the Lot of any other Owner, and
no Owner shall construct any driveway, erect any building, or permit earth moving equipment on
the Owner's Lot without first:
(a) erecting a clearly visible fence prior to commencement of construction,
twenty (20) feet outside the boundary of each of such Owner's Drainfield Sites, along
that part or those parts of the Drainfield Site(s)that is between the Drainfield Site(s) and
all areas which are accessible to earth moving equipment; and
(b) erecting a clearly visible fence during construction along that part of the
Lot line that is between an adjacent Lot's Drainfield Site(s) and the areas on the Lot
which are accessible to earth moving equipment.
The covenants and restrictions contained in this Section 2.4 shall bind each Owner of a
Lot and shall inure to the benefit of and be enforceable by the City, the County and the Owner of
any other Lot, and their respective legal representatives, heirs, successors and assigns. The
covenants and restrictions in this Section 2.4 shall be perpetual, and considered exempt from the
thirty (30) year durational limit set forth in Minnesota Statutes Section 500.20, subd. 2a, pursuant
to Minn. Stat. Section 500.20, subd. 2a(5).
ARTICLE III
GENERAL PROVISIONS
3.1 Duration. The covenants, conditions, restrictions and easements in this
Declaration shall run with and bind the Property and shall inure to the benefit of and be
enforceable by and against the Owner of each Lot, and their respective legal representatives,
heirs, successors and assigns. The easements created pursuant to this Declaration shall be
perpetual. Any provision of this Declaration expressly benefiting the City, the County, or any
other governmental or quasi-governmental entity, shall be perpetual unless and until waived in
writing by that entity. The covenants and restrictions in Section 2.4 shall be perpetual, and
considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes
Section 500.20, subd. 2a, pursuant to Minn. Stat. Section 500.20, subd. 2a(5).
3.2 Enforcement. Each Owner(including Developer so long as Developer is the
Owner of at least one of the Lots) shall have the right to enforce, by any proceeding at law or in
equity, all easements, covenants, conditions, restrictions and charges now or hereafter imposed
by the provisions of this Declaration, including the collection of any Owner's pro rata share of
Common Expenses. The City, the County, and any other governmental or quasi-governmental
entity, shall have the right to enforce by any proceeding at law or in equity all easements,
covenants, conditions and restrictions created by this Declaration. In view of the purposes of this
Declaration and the unique characteristics of the Property, it is acknowledged that money
damages to the Owners, or any other entity in the event of a violation of any of the terms hereof
would be an inadequate remedy, due to the irreparable and immeasurable harm done thereby.
Accordingly each Owner (including Developer, so long as Developer is the Owner of at least one
of the Lots) and any other entity shall have the right, in addition to any other remedies available
at law or in equity, to apply for and receive from any court of competent jurisdiction in the State
of Minnesota, equitable relief by way of restraining order, prohibitory or mandatory injunction,
or other relief, to prevent and enjoin a breach of the terms of this Declaration, or by way of
specific performance to enforce performance of the terms of this Declaration. If successful, the
party seeking enforcement of the terms hereof shall be entitled to recover from the party
violating the terms of this Declaration reimbursement for all costs and expenses of litigation,
including reasonable attorney's fees, witness fees, service of process fees, deposition costs,
expert witness fees, and any other costs incurred in securing such relief.
3.3 Severability. Invalidation of any provision hereof by judgment or court order
shall not affect any of the other provisions, which shall remain in full force and effect.
3.4 Amendment. This Declaration may be amended by an instrument executed by the
Owners of both of the Lots and the City of Orono.
IN WITNESS WHEREOF, Developer has caused this Declaration to be duly executed on the
day and year first above written.
DEVELOPJR:
ORONO�O CHARD,LLC
B
Y
ll. :rey S. Gustafson
s Vice-President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2-7 day of 3U --• ,
2019, by Jeffrey S. Gustafson, the Vice-President of Orono Orchard, LLC, a Minnesota limited
liability company, on behalf of the limited liability company. I I
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rh CHRISTINE M.MATTSON iSOA-
NO ARY PUBLIC
; NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2024
Drafted by:
Jeffrey S. Gustafson
153 East Lake Street
Wayzata, MN 55391
612-462-4000
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MORTGAGEE'S CONSENT
Bridgewater Bank a Minnesota banking corporation that holds a mortgage (the
"Mortgage") on the real property es ribed in the foregoing Declaration(the "Declaration"),
which Mortgage was dated /2 /I$ and r c rd in the office of the Registrar of
Titles in and for Hennepi o t , Minnesota on 5�o/fig , 2.04-9-as Document No.
7-6557o50 ; and on i i 0 , 2 as Document No. 0 63Shereby consents to
the foregoing Declaration and agrees that its lien, rights and remedies under the Mortgage shall
be subject and subordinate to the terms and conditions of the Declaration.
Bridgewater Bank
By: /�// A
Its: f ilinf-P
STATE OF MINNESOTA )
) ss.
COUNTY OF A,�SQL\)
The foregoing instrument was acknowledged,� before me on r�a -, 2019, by
L�or►.ci7� 4,h.," the.S..... \,Xss.- r
-. �te_.,-14,-,k-of Bridgewater Bank, a Minnesota
banking corporation, on behalf of the banking corporation.
KRISTEN LEA FENSKE LANGE '� nature of NotaryPubic or Oth �i�f ficial
' i NOTARY PUBLIC-MINNESOTA g
' MY COMMISSION FPIRES 01/31/2022
Drafted by:
Jeffrey S. Gustafson
153 East Lake Street
Wayzata, MN 55391
612-462-4000