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HomeMy WebLinkAboutCovenant of Oversized Structure CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this 9 day of P� , 20 0b, by PO b-er 4- 7c u W ya (single/husband and wife/a Minnesota corporation), (hereinafter 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 in Hennepin County, State of Minnesota, legally described as: (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. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE Page 1 of 4 FOLLOWING: 1. Applicants' request for one (1) Oversized Accessory Structure ("OAS") 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. 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 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. 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. 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. Page 2 of 4 CITY F ORONO: By: Its Mayor By: jl/��� Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this c93"1 day of , 20( .P , by :cr bare: 4 _/ '+-c :sc .- and 5. Vee , the /ylityer and G; Cie ; /L of the City of Orono on behalf of the municipal corporation. - Of cG(-c.-/-' d/A-7 No ./y Public .•. JACQUELYN M. YOUNG "`'"''" ,V ,.unpick, ;es Jan 31,2010 APPLICANT(S): Page 3 of 4 ::?' "< ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledgc,4 before, me this 2-9. day of (7k. . , 20 Ono, by _ 77 Tr r ,s GI G and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notar Public1T:TrH 3' Comm.E Jon 31, 2008 FEE OWNER(S): f By: -, 1 C ( , By: �) :(, CL/' < I t.t ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) he foregoing instrument was acknowledged before me this 291 day of 200b, by 1.<01 ,e,,(--(. and (husband and wife/single/a Minnesota Corporation) as their free act and deeci,L6n behalf of the corporation. 7 6,,,..,,A= - ���'44MARIBETH J HARDING Notary Public �� :, .. I Notary Pub IC Minnesota Comm. E.. es Jan 31, 2008 Page 4 of 4 8;,k' ,f 4 rloi,aei);'X rx