HomeMy WebLinkAbout2022 Declaration of Restrictive Covenant (reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF STRICTIVE COVENANTS (the "Declaration"), is
made this 40" day of , 2022, by Raymond J. Hoffman and Ruth M.
Hoffman, married to each oth , and Ann Marie Hoffman and Johan Arhlen Aarsvold,
married to each other (collectively the "Declarants").
WHEREAS, Declarants are the fee owners of real property located at 1000 Tonkawa
Road [PIN 08-117-23-12-0005], Orono, Minnesota, legally described as: Tract A, Registered
Land Survey No. 617, Hennepin County, Minnesota("Subject Property"); and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS22-
000062 ("Permit")to construct a 1,869 square foot building with plumbing for a toilet and a sink
in an Oversized Accessory Building("OAB") on the Subject Property; and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Sections 78-1434(3) and 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.
Section 78-1434
A. No future subdivision will be approved for the Subject Property that
places the OAB 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 OAB may remain
without a principal building, in order that a principal building may be constructed. At the
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end of this time period, the OAB must be removed if no principal building has been
constructed.
B. If the Subject Property is subdivided, the OAB and principal building will
be located together within a lot that meets the minimum lot area requirement for the
given size of the OAB.
C. If the Subject Property is subdivided,the setback required for the OAB
shall remain conforming.
Section 78-1437
The plumbing in the Accessory Building shall be regulated as follows:
A. The provision of outside sillcocks and indoor water supply shall be
allowed in any accessory building.
B. 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 flows from such
fixtures, and subject to the property owners executing a covenant providing that the
accessory building will not be:
i. Used for a home occupation unless specifically approved by the
city or if allowed by this 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.
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]
[Signatures contained on the following pages.]
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DECLARANTS:
£ THoffmr
,-; .",' 2
Ruth M. Hoffman
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this`7 day of
, 7y9-2i by Raymond J. Hoffman and Ruth M. Hoffman, married to each other.
4 4or, (.' 1/A--64-------A\_ LA.,..g-
N PYlic
1 .,0 JACOUEUNE M.CHUM
Notary Public
1.04,:jIII _Wu y31,20;s
213804v2
DECLARANTS:
Ann Marie Hoffman
Johan Arhlen Aarsvold
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this Lfik? day of
u ,?.e2-1 by Ann Marie Hoffman and Johan Arhlen Aarsvold, married to each
oth .
to,
(f/(c4.
No y P lic
•b+ .j JACOUEUNE M.CHUBA ►
.1 Notary Public 1
1 t Minnesota /
4 � ' My Cammyabn 6sMer biiy 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
213804v2
MORTGAGE HOLDER CONSENT
TO
DECLARATION OF RESTRICTIVE COVENANT
ANCHOR BANK NATIONAL ASSOCIATION, formerly known as First National Bank of
Wayzata, a corporation organized under the laws of the United States,which holds the following
mortgages:
1. Mortgage dated October 7, 1994 and recorded November 23, 1994 as Hennepin County Document
No. T2569444;
2. Home Equity Line of Credit and Mortgage Modification Agreement dated October 7, 1999 and
recorded December 13, 1999 as Hennepin County Document No. T3233926;
3. Mortgage dated December 14, 2005 and recorded February 8, 2006 as Hennepin County Document
No. T4223998;
4. Mortgage dated December 16, 2009 and recorded December 30, 2009 as Hennepin County
Document No. T4717189; and
5. Modification of Mortgage dated September 11, 2014 and recorded September 30, 2014 as
Hennepin County Document No. T05203951;
on all or part of the 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.
Dated this day of 4 cj c..57— , 2022.
) ri`ucie I.,_ —ANCHOR BANK NATIONAL ASSOCIATION
11-
By: I
[print name]
tS /� [title]
STATE OF MINNESOTA )
) ss.
COUNTY OF ilnzr.'f )
,The fore oin instrument was acknow d ed before me this "� day of , 2022,
by 02peA the re-� "NtS - of o•Ba Nat' nal :���
i� -tc7rcn cnr_ -/f-� cf
Associatiern, formerly known as First National Bank of Wayzata, a corpora ion organized`under the laws of
the United States, on behalf of said corporation.
° T"`•. AMRITA U SINGH
Notary Public-Minnesota Notary Pu
-4 ,°,,My Commission Expires Jan 31,2025
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON,P.A. [SMMI
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
213804v2
CITY OF ORONO:
1).9382,6)-1,-
By:
Dennis Walsh, Mayor
By:
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )A ,y�
The foregoing instrument was acknowledged before me this p " "day of
i(g u c1— , 2022 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and
Interl'm City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority ted by its C' y Coun 1otary Public
��I.iflJtl-/-/1./YI!./lJIfIIII.I./1
;- •."•4'2.1 ANNA MARIE CARLSON
�; (',") NOTARY PUBLIC•MINNESOTA
t#4.; . °J My Commission Expires Jan.31,2025
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2 138 04v2