HomeMy WebLinkAbout09-24-2020 Declaration of Restrictive Covenant (reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF +STRICTIVE COVENANTS (the "Declaration"), is
made this Wr day of , 2020 by the undersigned parties, representing all
of the owners in fee of the lan hereinafter described, lying in Hennepin County, Minnesota.
WHEREAS, Timothy John Grittner and Sheryl A. Grittner, husband and wife, are
the fee owners of real property located at 2250 Longview Circle, legally described as: Lot 4,
Block 1,Longview, Hennepin County,Minnesota; and
WHEREAS, property owners have applied to the City of Orono for Permit No. RAS20-
000040 to construct a 2,600 s.f. accessory building ("Oversized Accessory Building") depicted
on the attached Exhibit "A"; 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:
A. PROHIBITION ON USES.
1. No future subdivision will be approved that places the Oversized
Accessory Building within a lot that has no principal building, except that the City in its
subdivision approval may grant a finite time period in which the Oversized Accessory
Building may remain without a principal building, in order that a principal building may
be constructed. At the end of this time period, the Oversized Accessory Building must be
removed if no principal building has been constructed.
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2. If the property is subdivided, the Oversized Accessory Building and
principal building will be located together within a lot that meets the minimum lot area
requirement for the given size of the Oversized Accessory Building.
3. In subdivision approval, the setback required for the Oversized Accessory
Building shall remain.
B. 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 Subject Property, 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.
[Remainder of page intentionally left blank.
Signatures contained on the following page.]
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DECLARANTS
i
Timothy John Gritt er, wee Owner
Sheryl n - , - owner
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 24 day o .I
2020,by Timothy John Grittner and Sheryl A. r, husband and wife.
� �A
/ �
—� Notary PT is
TIFFANY ANN SUMPTION
' +r/i""```"', Notary Public
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<' �.,.�r; Minnesota '
<i M Commission Expires
Jan 31, 2024
210950v1 3
CITY OF ORONO
alCSILQ1
By: -
Dennis Walsh, Mayor
By:
41111r—
Dustin
' �
Dustin Rie ity adOr inistrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2020 by Dennis Walsh and by Dustin Rief, 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.
Notary Public
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON,P.A.
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651)452-5000
SMM
210950v1 4
EXHIBIT "A"
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MORTGAGE HOLDER CONSENT
TO DECLARATION OF RESTRICTIVE COVENANT
MIN: 1008671-0000126436-3
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., acting solely as a
nominee for Flagstar Bank,FSB,which holds a mortgage on all or part of the property more
particularly described in the foregoing Declaration of Restrictive Covenant,which mortgage was
originally dated June 27, 2019 and recorded July 3, 2019 as Document No. T05625107 with the
offices of the Hennepin County Registrar of Titles,Minnesota; said original mortgage was then
replaced by a corrective mortgage dated June 27, 2019 and recorded July 22,2019 as Document
No. T05629525 with the offices of the Hennepin County Registrar of Titles,Minnesota; for good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does
hereby join in, consents to, and is subject to the foregoing Declaration of Restrictive Covenant.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,INC.
Byr�J ��
.�� i [print name]
Its
STATE OF//tfin/S.Vii--) )
)ss.
COUNTY OFiGn( )
The foregoing instrument was acknowledged before me this / day of
2020,by the
of Mortgage Electronic Registration Systems,Inc.,a
Delaware corporation,by authority from its board of directors, and that s/he acknowledged the
instrument to be the free act and deed of the corpora.
411011
Notary P,
•
TIFFANY ANN SUMPTION
THIS INSTRUMENT DRAFTED BY: Notary Public
CAMPBELL KNUTSON,P.A. � �'. Minnesota
Professional Association \` -10
My Commissionn1Expires
f \ ,` Jan 31,2024
Grand Oak Office Center I '""
860 Blue Gentian Road, Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM/jmo
210950v1 6