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Home My WebLink AboutDeclaration of Restrictive Covenant (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this a, day of /'or:,(_ , 2014 by the undersigned parties, representing all of the owners in fee of the lane.hereinafter described, lying in Hennepin County, Minnesota. WHEREAS, Derek Prchal and Kelly Prchal, husband and wife, are the fee owners of real property located at 4705 Watertown Road, legally described on the attached Exhibit"A"; and WHEREAS, property owners have applied to the City of Orono for Permit No. 14-3649 to construct a 2,200 square foot detached garage ("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. 175372 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. No plumbing of any kind shall be installed in the Oversized Accessory Structure. 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: 4.-ret �. Lili Tod McMillan,Mayor By: • `_ Jessica Loifigo mistrator J DE LARANTS Derek Prchal,Fee Owner II 1 Jw K Rly Prc .1 Fr Owner 175372 2 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this a;,._day of ,c,L , 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. `l�Jl./././_s�_/%rIJ!✓.✓! /ll�.:/!✓llI �I//� 0 ///- �--1'•�/J MONICA A.FADNESS Notary ublic S NOTARY PUBLIC-MINNESOTA (�1 ' My Commission Expires Jan.31,2017 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15- day of Apra- , 2014 by Derek Prchal and Kelly Prachal,husband and wife. { Notary Public BARBARA G. SILUS +"= CNOTARY PUBLIC-MINNESOTA " My Commission Expires Jan.31,2018''' THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 SMM/jmo 175372 3 • p t ' z r i EXHIBIT "A" That part of the Northwest Quarter of Section 31, Township 118, Range 23, lying Northerly and Westerly of the plat of McCulley Farm; Southerly of the centerline of County Road No. 6 as shown in HCSAH No. 6, Plat 5; and Easterly of the following described line: Commencing at the most Westerly corner of Lot 1, Block 2, McCulley Farm; thence North 81 degrees 31 minutes 11 seconds West, assumed bearing, along the North line of Lot 2, Block 2, said addition, to the most Northerly corner of said Lot 2 and the point of beginning of the line to be described; thence North 30 degrees 41 minutes 28 seconds East a distance of 100.85 feet; thence North 29 degrees 56 minutes 30 seconds East a distance of 70.53 feet; thence Northerly along a tangential curve concave to the West having a central angle of 22 degrees 11 minutes 30 seconds and a radius of 150 feet, a distance of 58.10 feet; thence North 7 degrees 45 minutes East tangent to the last described curve a distance of 65.58 feet; thence North 9 degrees 30 minutes East a distance of 275 feet; thence North 12 degrees 30 minutes East a distance of 165 feet; thence North 20 degrees 30 minutes East a distance of 44.11 feet; thence Northeasterly along a tangential curve concave to the Southeast having a central angle of 57 degrees 17 minutes 18 seconds and a radius of 75 feet a distance of 74.99 feet; thence North 77 degrees 47 minutes 18 seconds East tangent to the last curve to its intersection with said centerline of County Road No. 6 and there terminating. 175372 4 EXHIBIT "B" DEREK PRCHAL IN THE NW 1/4 OF SECTION 31-118-23 HENNEPIN COUNTY, MINNESOT l--4900 .. . 1 B PROED ...1671,s.e I BARN PROBED , 306 •u xce ^ry h EXISTING A / e m .4R,,m i€1 _1i, 8• ira1n. 75 o To AROPO,SEO BARN 1 dT�, i .3 TO basTING BARN.. #e // DETAIL 1"=30' NTT4140 E- '',i'-' 1'$ ;, '1°°0 `6'. CENTERLINE `r9,. OF C.SA.H.NO.6,PLAT 5 R -w...A; _ 9•k �. PER DOC.NO.3644152 .I/ . ' m ... 3 SOUTHERLY RIGHT OF WAY LINE OF C SA H.NO 6 PLAT S i 7 PER DOC.N0.3844152 4 I 4 •' SEE DETAIL 0 50 100 200 3 ...� / 6 • oe�� 3 I e SCALE IN FEET 11" • t t / W Ali r _ LEGAL DESCRIPTION OF PREMISES SURVEYED: I HCGn43 1 • - _--—— That part of the Northwest Quarter of Section 31,Township 118,Range 23,ging Northerly and Westerly of the plat of McCulley Fann;Southerly of the centerline 4* _ of CountyRoad No.6 as shown on HCSAH No.8,Plat 5;and Easterlyof the - - following described line:Commencing at the most Westerly comer of Lot 1, -- - Block 2,McCulley Farm;thence Norm 81 degrees 31 minutes 11 seconds West, , - _ - assumed bearing,along the North line of Lot 2,Block 2,said Addition,to the most $ Northerly comer of said Lot 2 and the point of beginning of the line to be is described;thence North 30 degrees 41 minutes 28 seconds East a distance of 100.85 feet;thence North 29 degrees 56 minutes 30 seconds East a distance of nm �Eu�'iST��r/t MOUSE = 70.53 feet;thence Northerly along a tangential curve concave to the West having a �, "' a central angle of 22 degrees 11 minutes 30 seconds and a radius of 150 feet,a ' •a distance of 58.10 feet;thence North 7 degrees 45 minutes East tangent to the 77 0 last described curve a distance of 65.58 feet;thence North 9 degrees 30 minutes -- East a distance of 275 feet;thence North 12 degrees 30 minutes East a distance 20.3 00 - oft 85 feet;thence North 20 degrees 30 minutes East a distance of 44.11 feet; ---.---,.---.- thence Northeasterly alona a tangential carve concave to the Southeast having 175372 5 w 4/765 W El II Doc No T05170707 Certified, filed and/or recorded on May 14, 2014 10:39 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1109962M Doc Name: Declaration Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1360735 This cover sheet is now a permanent part of the recorded document.