HomeMy WebLinkAbout2022 Declaration of Restrictive Covenant (reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS(the"Declaration") is
made this day of ,2022, by the Kyla R.Hudson Trust under
Agreement dated March 27,2017("Declarant").
WHEREAS,Declarant is the fee owner of real property located at 2150 Prospect
Avenue, Orono, Minnesota, legally described on the attached Exhibit"A"("Subject Property");
and
WHEREAS, Declarant has applied to the City of Orono for Permit No. RAS22-000047
("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 Declarant agrees 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 party hereby declares, imposes upon,creates and
establishes 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 Declarant named herein, its 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
Declarant has executed this Declaration.
CITY OF ORONO:
By: Dbgk22
Dennis Walsh,Mayor
And:
Adam Edwards,City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 26day ofa ,
2022 by Dennis Walsh and by Adam Edwards,respectively the Mayor and City dm' 'stator of
the City of Orono,a Minnesota municipal c. ?oration,on behalf of the corporation and pursuant to
the authority granted by its City Council.
�4I Itil
rllll./J11111!l!...--....,_.c..-_,-_,-_,-_,--....- 1• Notary Public
. F Pt; ANNA MARIE CARLSON
NOTARY PUBLIC-MINNESOTA
`." My Commission Expires Jan.31,2025
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DECLARANT:
KYLA R.HUDSON TRUST UNDER
AGREEMENT DATED MARCH 27,2017
By:
'I,la R. udson,Trustee
By: C
Casey C. .dson,Trustee
STATE OF MINNESOTA )
)ss.
COUNTY O ii ) /
The foregoing instrument was acknowledged before me this �/ f day of clGti ,
2022,by Kyla R.Hudson and Casey C.Hudson,as Trustees of the Kyla R.Hudson Trust
Under Agreement dated March 27,2017.
1/A, P. clic
O1.m.r• JACQUELINE M.CHUBA I.Notary Public o.1 �I 31 2025Minnesota
q —O. ily Camiabe 6;ires Jewry I.
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:
The East 90 feet of the West 420 feet of that part of the Northeast Quarter of the Southwest
Quarter of Section 10,Township 117,Range 23, described as follows: Beginning at a point on
the West line of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117,
Range 23, 515.625 feet North of the Southwest corner of said Northeast Quarter;thence 188.3
feet;thence East 492 '/2 feet;thence South 66 feet,thence East 18 '/z feet;thence South 57.3 feet;
thence East 2 feet; thence South 65 feet; thence West 513 feet to point of beginning,Hennepin
County, Minnesota.
(PIN 10-117-23-31-0016/2150 Prospect Avenue/abstract)
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