HomeMy WebLinkAboutCovenant for Oversized Accessory Structure W %
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7253288
CITY OF ORONO COVENANT FOR
nn OVERSIZED ACCESSORY STRUCTURE
1 rL
1-1
THIS COVENANT, made and entered into this t
I day of
Q cc b e r , 1941 (1, by Matthew A. Staloch and Robin J. Staloch (husband and
wife), (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:
"Exhibit A"
(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 10.03, Subdivision 9 (C) of the Orono
Municipal Code as an Oversized Accessory Structure ("OAS"); and
WHEREAS, Applicants are 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 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
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.
Page 1 of 4
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 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 Applicants, consent to the execution of
this Covenant and to its terms, as shown by his/her/their signature(s) upon this
document.
CITY OF ORONO:
By:
Its Mayor
By: C ("21_.
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 11-4-'1-h day of
Cc 1 f �f�P , 199 1 , by r, p,i(2_/ j b (7" .rR and
I. , r,d a S . , the /Y) a y c R and
C. -! y C I f k 1< of the City of Orono on behalf of the municipal corporation.
797'C
MARY ANN JOHNSON
Notary P lic
• `.• NOTARY PUBLIC-MINNESOTA (p;
'"� My Commission Expires Jan.31,2000
Page 2 of 4
APPLICANT(S):
By: Aire
.
ACKNOWLEDGEMENT (APPLICANTS)(
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this of h day of
C^c-± c N,2 , 19` 9 , by /r7c +-f, tA.1 A. S -q/cc-{7 and
R o b i n J 51-4 I oc_h (husband and wife) as their free act and deed.
:; ` 1, MARY ANN JOHNSON '1 Notary P ��lic
-.. NOTARY PUBLIC-MINNESOTA
C�C .° My Commission Expires Jan.31.2000
FEE OWNER(S): )
By: t;4,
ACKNOWLEDGEMENT (FEE OWNERS
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 197?' , by nlQ -fj pta/,)-. 5 /cc!) and
/ eb„7 J . S-fel c c-A (husband and wife/single/
as their free act and deed/on behalf of the corporation.
/17a4//, atx)
ti "'• ON Notary I blic
• NOTARY PUBLIC-MINNESOTA e
.,",..°' MARY ANN JOHNS
My Commission Expires Jan.31,2000
Page 3 of 4
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EXHIBIT 'A'
THAT PART OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 118,
RANGE 23 DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 00
DEGREES 40 MINUTES 32 SECONDS EAST ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER A DISTANCE OF 29.3 FEET; THENCE SOUTH 49 DEGREES
12 MINUTES 46 SECONDS EAST A DISTANCE OF 326.8 FEET; THENCE SOUTH 44
DEGREES 02 MINUTES 46 SECONDS EAST A DISTANCE OF 260.91 FEET; THENCE
SOUTHEASTERLY 21.87 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 1432.39 FEET TO THE ACTUAL POINT OF
BEGINNING; THENCE SOUTHEASTERLY ALONG THE CONTINUATION OF SAID
CURVE TO THE WESTERLY LINE OF THE PLAT OF MCCULLEY FARM; THENCE
SOUTHERLY AND WESTERLY ALONG THE WESTERLY AND NORTHERLY LINES OF
SAID PLAT TO THE MOST NORTHERLY CORNER OF LOT 2, BLOCK 2, IN SAID PLAT;
THENCE NORTH 28 DEGREES 36 MINUTES 48 SECONDS EAST A DISTANCE OF
217.08 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 48 SECONDS EAST TO
THE INTERSECTION WITH A LINE WHICH BEARS SOUTH 78 DEGREES 19 MINUTES
48 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 78
DEGREES 19 MINUTES 48 SECONDS EAST TO THE POINT OF BEGINNING, COUNTY
OF HENNEPIN, STATE OF MINNESOTA.
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