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HomeMy WebLinkAboutCovenant for oversized structure r (< CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this rcl day of t cc , 20 O,by h " ��i 2 �' ; uy-Nsingle (hereinafter referred to as "Applicant") 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 6, Block 1, Kokesh Farm, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, City staff has reviewed Applicant's 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, Applicant is 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 with an interest in the subject property, the Applicant is 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. Applicant's request for one (1) Oversized Accessory Structure ("OAS") for a 1,700 s.f. barn and storage building on the Subject 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: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. Page 1 of 3 B) Should Applicant 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 by the end of the determined period, the OAS must be removed. C) Should Applicant 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 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 Property, and shall be filed within the chain of title of the Subject Property. 4. Fee owner(s) of the Subject Property, if not the Applicant, consent to the execution of this Covenant and to its terms, as shown by her signatures upon this document. CITY F ORONO: _ 6;45% By: Its Mayor By: -- Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of November, 2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said ins u. i•- • . • • behalf of the City. / JACKIE YOUNG Vr, NOTARY PUBLIC-MINNESOTA f (JU;i., My Commission Expires Jan.31,2005 �' NotaryP ll(i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this C/L *1' day of �6u-cm]er , 200 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was ecuted on behalf of the City. `- .111./J- -�l./^.✓r✓!_/!!_l_/_l./I!_/!J!!!_ /r/ - V "(tr. JACKIE YOUNG ti ' NOTARY PUBLIC-MINNESOTA Notary Public ` + My Commission Expires Jan.31,2005 // ✓llllIllll�I!-�lrl./I✓ly/.!_./!,/„fS Page 2 of//3 r S APPLICANT: By`�� LiNtAt\-viik By: ACKNOWLEDGEMENT (APPLICANT) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 5 H day of 0€e c e p-Y,b e r , 2001 , by r c r)o r i e ;N . L and (husband and wife, Minnesota Corporation) as their free act and deed/on behalf of the corporation. RACHEL DODGE 1� n NOTARY PUBLIC-MINNE31OTA2005 My Commission Expires Jan. , rffffJff�f�_ Notary Public FEE OWNER: By k_4t , rkvl By: ACKNOWLEDGEMENT (FEE OWNER) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) i The foregoing instrument was acknowledged before me this , f�, day of Der etviher , 20 6/ , by 01 ar j 66 e At_e,.., )f -) and (husband and wife ingle Minnesota Corporation) as their free act and deed/on behalf of the corporation. RACHEL DODGE NOTARY PUBLIC-MINNE.^OTA 1 � /2 'lf1 9L'e My Commission Expires Jan.31,2005 Notary Public Page 3 of 3