HomeMy WebLinkAbout05-09-2022 Declaration of Restrictive Covenant 11 11 11 I 11 111 1111
LAND TYPE Torrens (T)
DOC NUM 5944548
Certified, filed and/or recorded on
May 13, 2022 1:27 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 178 Pkg ID 2442237E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1359307
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 /fA,y , 2022, by Matthew J. Mesenburg and Michelle
M. Mesenburg, married to each other("Declarants").
WHEREAS, Declarants are the fee owners of real property located at 3210 Graham Hill
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. RAS22-
000024 ("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
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anticipated 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 heirs, successors 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:
(Itlf"P.
By:
Dennis Walsh,Mayor
Adam Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2022 by Dennis Walsh and by Adam Edwards,respectively the Mayor and City A 'stator of
the City of Orono, a Minnesota municipal corpor tion,on behalf of corporation and pursuant to
the authority granted by its City Council.
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\ti
otary Public
;� ' Et ANNA MARIE CARLSON T
�+ _ NOTARY PUBLIC it MtJar 31 2025
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DECLARANTS:
A I I
M. ew ,. esenburg
�. //, . ,._
ichelle M. •senb g
STATE OF MINNESOTA )
)ss.
COUNTY OF Hehnep ✓1 )
The foregoing instrument was acknowledged before me this day of Ari/ ,
2022,by Matthew J.Mesenburg and Michelle M.Mesenburg,married to each other.
Notary Public
ALICIA A JOHNSON
NOTARY PUBLIC-MINNESOTA
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
SMM/jmo
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EXHIBIT "A"
Legal Description:
Lot 1, Block 2, Graham Hill Preserve, according to the recorded plat thereof, Hennepin County,
Minnesota.
(PIN 05-117-23-11-0009/COT 1359307)
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