HomeMy WebLinkAbout2021 Declaration of Restrictive Covenants - 1360 Railroad Avenue 1111 II 11 1111 II
LAND TYPE Abstract (A)
DOC NUM 10998894
Certified, filed and/or recorded on
Aug 4, 2021 12:35 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie acting, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 169 Pkg ID 2290465E
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 day of 31,A11 , 2021, by Steven R. Twelves and Sally A.
Twelves, husband and wife ("Declarants").
WHEREAS, Declarants are the fee owners of real property located at 1360 Railroad
Avenue, Orono, Minnesota, legally described on the attached Exhibit"A" ("Subject Property");
and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS21-
000040 ("Permit")to construct a 30' x 16' square foot building, on the Subject Property, with
plumbing for a toilet and a sink("Accessory Building"); and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Section 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. The 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.
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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.
CITY OF ORONO:
isarsoi;d1
By:
Dennis Walsh, Mayor
A '
Adam Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /'qday of Ju l
2021 by Dennis Walsh and by Adam Edwards,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.
otary Public ate1) -----
rJ111.1./-�lJlltllJ1111.JlJlll ./'
ANNA MARIE CARLSON
\-
-'• NOTARY PUBLIC-MINNESOTA
°a $My Commission Expires Jan.Si,2025
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216587v1 2
DECLARANTS:
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Steven R.Twelves
Sally A. ✓ elves
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ti-t-day of ,
2021,by Steven R.Twelves and Sally A.Twelves,husband and wife.
1h' ANDREA LEE HENTGES
rrota Public
( TABUCMTh�My Commission Expires Jan.31,2023
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
AMP/jmo
216587v1 3
EXHIBIT "A"
Legal Description:
All that part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117,
Range 23, Hennepin County, Minnesota, described as follows:
Beginning at a point on the Southerly line of Lot 6 of Elbridge S. Barnes' First Subdivision
distant 205.08 feet Southeasterly from the Southwest corner thereof;
Thence Northwesterly to said Southwest corner;
Thence Southwesterly along the Easterly line of the right-of-way of the Great Northern Railway
179.06 feet;
Thence deflecting left 90 degrees to an intersection with a line drawn through the point of
beginning at right angles Southwesterly from the Southerly line of said Lot 6;
Thence Northeasterly to the point of beginning;
Subject to that part thereof lying within Central and Railroad Avenues.
Hennepin County, Minnesota.
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