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HomeMy WebLinkAboutDoc #9202464 y OS � I cel illG,u pr. Doc No 9202464 11/05/2008 03:27 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H.Cunniff, County Recorder TranslD 453516 Deputy 55 Fees $35.50 DOC $10.50 SUR $46,00 Total I i I i i RESTRICTIVE COVENANT FOR PROTECTION OF SEWAGE TREATMENT SITES THIS RESTRICTIVE COVENANT is made and entered into by William G.Robinson,a single person("Owner'} whose address is 505 South Willow Drive,Orono,Minnesota 55356, and who does hereby expressly covenant and agree to protect the two(2)approved sewage treatment sites depicted on the attached Exhibit"A",located on the real property in the City of j Orono,Hennepin County,Minnesota,legally described on the attached Exhibit"B",pursuant to the following provisions: The property has two(2)Orono-approved sewage treatment sites. To protect these important sites from inadvertent damage or destruction, Owner shall do the following: 1. Erect and maintain a clearly visible wooden-slatted snow fence at least three(3') feet high during construction,to be twenty(20')feet from the boundary of the approved primary and alternate sewage treatment sites along all parts of the property that are potentially accessible to vehicular traffic including cars,trucks, SLU Ldelivery vehicles,earth moving equipment,etc. Said fencing shall be in place ca t" prior to any demolition,earth-moving or construction activity on the site,and MCC o shall remain in place until completion of construction and final landscaping of the roperty. Said fencing shaU have affixed to it a sign stating"Septic System Area �� $ Keep Off'. After completion of construction,Owner shall maintain the alternate(future) sewage treatment site in an undisturbed manner,and not allow any excavation, filling,structures or vehicular traffic on the alternate site,in order that the alternate site be available for future use should it be needed This Restrictive Covenant shall run with the land,shall be binding upon Owner,its respective heirs,successors and assigns,and may be terminated only upon written agreement of the City of Orono. The undersigned Owner has read,understood and herby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs,successors and assigns,hereby agrees to the recording of this covenant in the chain of title of the property. IN WITNESS WHEREOF,Owner has hereunto set his hands this day of i✓ C �'nb�PY 20,0[• OWNER: Title Recording services,Inc. 565573 Q&ze&w ` 79 Westem Ave N St.Paul,MN 55102 mt085399 HENNEPIN A MINJJNETONKA WALK William G. Robinson iimliiiiiliHpp iiilli��U FES COVENA 141906v2 1 Majestic Spruce Addition(Lot 2) 3 •r -. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this !_day of b r- -o/er_ ,202X,by William G. Robinson,a single person. ■ Notary Pu llc iSnNE M.MATWN 110RANY Pf1B X' A w Oao■i�ieo�gdAt Jia.p->ION AMP r I 1 j i DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curvc Eagan,Minnesota 55121 Telephone:(651)452-5000 sMM 141Mv2 z Majestic Sprue Addition(Lot 2) r' r . EXHIBIT A DEPICTION OF SEWAGE TREATMENT SITE . _s__ • o —�- a-------- 01 _— ___ 40 Ib IA j, ��♦/ /♦ !�" l /'/' �'/%/, ._� _ _tl� ._ ���� _`I 1611 !' ��•' ♦ l /l/ ! i /!l r dor r a I � � l { f� ! 1 ! 1 --� f �1 { °"'a���j•` /a \I 1 i i O ,; ,♦,,�, , , ,,fi°f! lllyly! �/ 1-070- ,`��,,��`C1 l' --4eo1 ,� �♦'/♦�_�/1/!1 1 111 / / !f � ��������}1 � 1 / y { / 1 / / \' / f 1 1} 11,tllt}1 1 \ $11 ti j r / ! 11 } 1{llyl{I 'rL v' � hl lyll, y l I}14111 {P,I m \ �0 � 1 11 I I i f 1111 1 1 I / i �z �, •�\ ` 1 f/-/'L'F'�` /''°-�.��"�� 1 �!_.l.�+I I l4 1 I I '�`�i`i t r-rIV{ •'r ,�''� if1 r:! ! ! ;; i��Lakl...lj,.1 ! �II 1�}��� `� ''�I�1��1 i I . � 1 � 1 . . \ �3� 11 ! I • rn 141906+•2 3 Mgjcaic Spmce Addidw(Lot 2) r I I EXHIBIT B LEGAL DESCRIPTION Lot 2, Block 1, Majestic Spruce Addition, according to the recorded plat thereof, Hennepin County, Minnesota. i i 141906v2 Q M*cstic spruce Addition(lot 2) i MORTGAGE HOLDER CONSENT TO RESTRICTIVE COVENANT FOR PROTECTION OF SEWAGE TREATMENT SITES First Commercial Bank,a Minnesota corporation, which holds mortgages on-all or part of the property more particularly described in the foregoing Declaration,which mortgages are described as follows: 1. Mortgage dated February 15,2005 and filed for record in the office of the Hennepin i County Recorder on March 30,2005,as document number 8553401; , 2. Mortgage dated September 13,2005 and filed for record in the office of the Hennepin County Recorder on October 17,2005,as document number 8674793; 3. Mortgage dated November 13,2006 and filed for record in the office of the Hennepin County Recorder on November 17,2006,as document number 8803629; 4. Mortgage dated December 28,2006 and filed for record in the office of the Hennepin County Recorder on January 4,2007,as document number 8916643; for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby join in,consents,and is subject to the foregoing Declaration. FIRST COMMERCIAL BANK, A Minnesota Corporation BRIAN R.WARNER �. Notary PuWic Mnaasota ,ycd..aao�fi�►nte 131,2009 By: Its PresideAtfind CEO STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 31 day of 0-4o6r , 20 Off,by 16roAn M Q1 e- ,the President and CEO of First Commercial Bank,a Minnesotarporation,o half of the corporation. Z4 Notary P b INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON,P.A. (SMM) 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452.5000 141906Y2 5 Majestic Spruce Addition(Lot 2)