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Home My WebLink About05-10-2021 Declaration of Restrictive Covenant111111111 �1111 11111 �1111 11111111111111111111111111 LAND TYPE Abstract (A) DOC NUM 10959738 Certified, filed and/or recorded on May 10, 2021 3:37 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 169 Pkg ID 2235628E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this Jqt-- day of A pA 1 , 2021 by David L. Wohlwend Revocable Trust under Agreement dated August 18, 2011, as amended and Megan E. Wohlwend Revocable Trust under Agreement dated August 18, 2011, as amended ("Declarants"). WHEREAS, Declarants are the fee owners of real property located at 1150 Pine View Drive, Orono, Minnesota, legally described as: Lot 3, Block 1, Pine View, and the North 216.28 feet of Lot 2, Block 1, Fazendin Forest, Hennepin County, Minnesota ("Subject Property"); and WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS21- 000019 to construct a 1,400 square foot detached building ("Oversized Accessory Building") depicted on the attached Exhibit "A"; and WHEREAS, as a condition of issuance of the Permit and pursuant to City Code Section 78-1434(3) 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. Not more than one Oversized Accessory Building shall be permitted on any property. An Oversized Accessory Building is defined as an accessory building of footprint area in excess of 1,000 square feet. 214679vt B. No such Oversize Accessory Building shall be nearer the front lot line than the front line of the principal building on the Subject Property and the principal building setbacks must be met. C. The maximum height for such Oversized Accessory Building shall be thirty (30) feet or the defined height of the principal residence building on the Subject Property, whichever is less. D. 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. E. 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. F. If the Subject Property is subdivided, the setback required for the Oversized Accessory Building shall remain conforming. 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. Signature pages follow.] 214679v1 DECLARANT; DAVID L. WOHLWEND REVOCABLE TRUST Under Agreement Dated August 18, 2011, as amended B Y David L. Wohlwend, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 1 day of 2021, by David L. Wohlwend, Trustee of the David L. Wohlwend Revocable Trust under Agreement dated August 18, 2011, as amended, on behalf of the trust. ANDREA LEE HENTGES NOTARY PUBLIC -MINNESOTA otary Public ` My Commission Expires Jan. 31, 2023 ;s �ltiizu ° t 214679v1 DECLARANT: MEGAN E.WOHLWEND REVOCABLE TRUST Under Agreement Dated August 18, 2011, as amended By JA1,A `vy-vSco MQe �n5E° Wohlwend, Trust STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this W4,- day of , 2021, by Megan E. Wohlwend, Trustee of the Megan E. Wohlwend Revocable Trust under Agreement dated August 18, 2011, as amended, on behalf of the trust. €o ANDREA LEE HENTGES NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2023 Notary40 W, -0t, ff 214679v1 4 CITY OF ORONO By: Dennis Walsh, Mayor By.-��---Z Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2021 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal coy oration, onhalf of the corporation and pursuant to the authority granted by its City Council. / I A '5t�" - ANNA MARIE CARLSON G Notary Public z NOTARY PUBIC • MINNESOTA My Commission Expires Jar. 31.2025 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 214679v1 EXHIBIT "A" a' I 5�''� t t r" I',i I i I �r��:,► I X �' W .�► «y t 90� �l-- ,� I AA 214679v1 ; I r�g q+ e I ii -• b R" _ �_ E x Lml i _ 't;� Ems= I � 1„ k ✓� Fyl]j � I � r 1 � 9 E fi�� I _ 1 C PGO o 17 f., Gcl Ciln 1W d UJ I _ i ro - - I I I {� Q - o W off OOFz _- ---- --- - - -.- --------- W_ p 0.,a � x U �f1 W ,WT, i �I -- _ -_-•. -. - `, 1 5 t` �t ►1Q'.e.f�. X111!__ _p ._. --.. �'_ ��' 4'+. I 5 +`` sr r _ 5 c• `� w W a�4or a' I 5�''� t t r" I',i I i I �r��:,► I X �' W .�► «y t 90� �l-- ,� I AA 214679v1 MORTGAGE HOLDER CONSENT TO DECLARATION OF RESTRICTIVE COVENANT ASSOCIATED BANK, N.A., a corporation organized and existing under the laws of the United States of America, which holds: 1) a Mortgage dated September 14, 2020 and recorded September 25, 2020 as Hennepin County Document No. A108414508, and 2) a Corrective Mortgage dated September 24, 2020 and recorded March 1, 2021 as Hennepin County Document No. A 10923 569 on all or part of the Subject Property more particularly described in the foregoing Declaration of Restrictive Covenant, 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. ASSOCIATED BANK, N.A. By: ...1 d So[print name] Its [title] STATE OF,Mn.�n ) (ss. COUNTY OF ) The foregoing instrumerlt was acknowledged before me this I(Mday of , 2021,by '�f Seyl the VV U (re?�'i&at of Associated Bank, N.A., a corporation organized and existing under the laws of the United States of America, on behalf of said corporation. �q�o�PRY PUe<cd��lr KATHI FELLOWS `l t4l'1►F9F WIS:" 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 SMMJino 2146790 Notary Public tuV Oalvkm -ex