Loading...
HomeMy WebLinkAbout2021 Declaration of Restrictive Covenants (reserved for recording DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the"Declaration"), is made this I9' day of cC$R.ukL^ , 2021, by Thomas John Hamilton and Kelsey M. Hamilton, husband and wife ("Declarants"). WHEREAS, Declarants are the fee owners of real property located at 1795 Fox Street, Orono, Minnesota, legally described as: Lot 2, Block 1, Fox Island, Hennepin County, Minnesota("Subject Property"); and WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS21- 000002 ("Permit")to construct a 1660 square foot building with plumbing for a toilet and a sink ("Oversized Accessory Building") depicted on the attached Exhibit"A"; and WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code Sections 78-1434(3) and 78-1437(2),the Declarants agree to impose upon and subject the Subject Property to certain covenants, conditions, restrictions and reservations for the benefit of the City,the Subject Property 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. No future subdivision will be approved for the Subject Property 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. 213804v2 1 B. If the Subject 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. C. If the Subject Property is subdivided, the setback required for the Oversized Accessory Building shall remain conforming. D. The Oversized Accessory Building shall not be: (i) used for a home occupation unless specifically approved by the city or if allowed by the Code; (ii) used as a dwelling unless a guest house conditional use permit is obtained; (iii) rented, leased or otherwise provided for use as a dwelling under any circumstances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Subject Property, 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 Subject Property. 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 pages.] 213804v2 2 CITY OF ORONO: By: Dennis Walsh, Mayor By: (2g,16-Noov__________ Ronaldlson, Interim City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1 day of ff,c2,-Ns12-"T' 2021 by Dennis Walsh and by Ronald J. Olson, respectively the Mayor and Interim 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� gleffijim ,� a""=ya TYLER D WHITNEY N•Ary Public --.1111.11111111 dY ;:. Notary Public State of Minnesota „" My Commission Expires January 31,2024 213804v2 3 DECLARANTS: Thomas John Hamilton ) I /iii 71y14 .- Kelsey yKelsey . -amilton STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) rr The foregoing instrument was acknowledged before me this � % day of fi ilit.zr2:T , 2021 by Thomas John Hamilton and Kelsey M.Hamilton, husband and wife. 049 ,Iljagelta 'a TYLD WHITNEY Not Public W Notary Public State of Minnesota My Commission Expires January 31,2024 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/jmo 213804v2 4 EXHIBIT"A" .r 2tr. 3-..^.1iW:WI W9 4,41 at f"'ar kftW r.. � Y ,�'7 1 AD7kNPL dwri WW.Ir talc 3NT11g17A3Na'Mae .• `3NE 'Sa,G ixss ' ONHEIN08D 13, lid Ji r i ,-.3%.-i*--..,, q r W.t •5 '� t"' �✓-^.' 'Sz1. JA �'... 44 © a G. x ` \ �ff. , terr , a7..r--1 f +. r GC 45 e h \\ tc / WI...4 ,.,,:. a, a. WF.� d §t ` A ,. `t (.J�a SV it. +3 }w 0 L•4 i i 0.4;t, d ,. \\ ✓ 41; A �yj, "4y �♦y V' , 4 ",r—,--1' til r3} ji XI. • P s 1 s,1 `err fit. -,•:---,--- ,�•� _ 'r"„ ` _y-f' � .I. 'may .zi k ,. n Y _s.' '} a i 1r 1-�' ., ,/ y i --4--- c • I M.RAGGk ' 213804v2 5 MORTGAGE HOLDER CONSENT TO DECLARATION OF RESTRICTIVE COVENANT OLD NATIONAL BANK, an Indiana corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing Declaration of Restrictive Covenant, which mortgage is dated November 13, 2019, and recorded November 25, 2019 as Document No. A10729150 with the office of the County Recorder for Hennepin County, 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. Dated this 0.0,11 day of , 2021. OLD ATIONAL BANK By: rt VIA Dd z 1 C [print name] Its ,, £ t►a ILO • q. . 4 STATE OF l[vl 1 V1 V1,L So-Fol ) ) ss. COUNTY OF • yt frI.G lin ) The foregoing instrument was acknowledged before me this 2 2.64day of P£ 19 rotA r ' , 2021, by /4//i e r0Sa C'G�Pi�' the /o1�7'dGil Gr,� eo`/'vof Old National Bank, an Indiana corporation, on behalf of said corporation. ///// 41111111/ ' Notary Public s:'" Alt tE BROOKE BOSACKER, Notary Public , • x State of Minnesota , ''' = •V My commission expires 1/31/1024 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/jmo 213804v2 6