HomeMy WebLinkAbout2021 Declaration of Restrictive Covenant (reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration") is
made this 54day of 1\fOVCN1b v , 2021, by Kent C Bank and Stacia R Bank, married
to each other("Declarants").
WHEREAS,Declarants are the fee owners of real property located at 2600 West Lafayette
Road, Orono, Minnesota, legally described on the attached Exhibit"A" ("Subject Property"); and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS21-000078
("Permit")to install plumbing for a toilet and sink in an accessory building on the Subject Property;
and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Section 78-1437, 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.
The plumbing in the Accessory Building shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed
in any accessory building.
(2) Installation of any combination of fixtures requiring wastewater plumbing
in any accessory building, subject to provision of municipal sanitary sewer
or a conforming sewage treatment system designed to handle the anticipated
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flows from such fixtures, and subject to the property owners executing a
covenant providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the City
or if allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is
obtained.
c. 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.
CITY OF ORONO:
By: DLQDZO )
Dennis Walsh, Mayor
An
Adam Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this (per day of ,
2021 by Dennis Walsh and by Adam Edwards, respectively the Mayor and City A inistrator of
the City of Orono, a Minnesota municipal corporation, on behalf o e co 'oration and pursuant to
the authority granted by its City Council.
�11�11r �fv � kat tta�l.S% NotaryPublic
Y PUBLIC MINNESOTA
NOTP' 31,2025
Ires Jan.
Commission Exp fJ'tr�
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218864v1 2
DECLARANTS:
7 ''Z, .. —
Kent C Bank
--,4;j:;:;6ae,_____fri,-_ ___
Siam.R Bank
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 5 day of 0vehn -r ,
2021,by Kent C Bank, spouse to Stacia R Bank.
'LL'"'`': ALICIA A JOHNSON � /i
mae(-4A-
-=4=-u• ° NOTARY PUBLIC-MINNESOTA Notary Public
z'' . MY COMMISSION EXPIRES 01/31/25
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 5 day of NO1/crnb-ex ,
2021, by Stacia R Bank, spouse to Kent C Bank.
Notary Public
e-4-'" ALICIA A JOHNSON
'-^ NOTARY PUBLIC-MINNESOTA
Ql
MY COMMISSION EXPIRES 01/31/25
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/smt
218864v1 3
EXHIBIT"A"
Legal Description:
Tracts B, D and E, Registered Land Survey No. 131, Hennepin County, Minnesota.
Together with a perpetual right and easement for driveway purposes for access to and egress from
the above described premisese over, upon and across Tract F, said Registered Land Survey No.
131, as contained in deed Doc No. 380261.
(PIN 21 117-23-21-002/ COT 1490435)
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