HomeMy WebLinkAbout2022 Declaration of Restrictive Covenant (reserved.for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATIONOF RESTRICTIVE COVENANTS (the"Declaration"), is
made this 2 ) day of S 46r r ,2022,by Ross C. Formell and Susanne Ingeburg
Haas,married to each other "Declarants").
WHEREAS,Declarants are the fee owners of real property located at 725 Lakeview
Parkway [PIN 06-117-23-34-0008], Orono,Minnesota, legally described as: Lot 20,Block 1
Lakeview of Orono,Hennepin County,Minnesota("Subject Property"); and
WHEREAS,Declarants have applied to the City of Orono for Permit No. RAS22-
000072 ("Permit")to install plumbing for a toilet, sink and a shower in a 13' x 16' foot 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:
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
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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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CITY OF ORONO:
By: ,
Dennis Walsh,Mayor
By:
Adam T. 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 T. Edwards, respectively the Mayor and
Interim 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 Cou il.
otary Public
r
a. ANNA MARIE CARLSON
NOTARY PUBLIC.MINNESOTA
'^-" 2025
*4ti ..�_.° My Commission Expires Jan.
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DECLARANTS:
Ross C. Forme
Susanne Ingeburg Haas
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /'f day of
5effieviiber , 2023,by Ross C. Formell and Susanne In •burg Haas,married to each other.
4% 14
N tary P,�lic
�: ^*►'. NOLA J DICKHAUSEN
I NOTARY PUBLIC
MINNESOTA
.>
My Commiss on Expires Jan 31 2027
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/j mo
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MORTGAGE HOLDER CONSENT
TO
DECLARATION OF RESTRICTIVE COVENANT
U.S. BANK NATIONAL ASSOCIATION, a national bank organized and existing under the
laws of the United States of America,which holds a Mortgage on all or part of the property more
particularly described in the foregoing Declaration of Restrictive Covenant,which Mortgage is dated
August 23, 2021 and was recorded October 19, 2021 as Hennepin County, Minnesota,Document No.
T5888504,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 2) day of ,o4LAJ Q v,2022.
U.S. BANK NATIONAL ASSOCIATION
By:
57.6.42-4--- -
q t 4'(-e t tt.. [print name]
Its a->c•Fi C e r [title]
STATE OF,OUREPAIS )
ss.
COUNTY OF (3 4 1; S S )
The foregoing instrument was acknowledged before me this 22 day of StP}{—t'cr-
2022, by a.,.-+(- e e 4, the Q.r gce r^ of U.S. Bank National
Association,a national bank organized and existing under the laws of the United States of America,on
behalf of said entity.
o��Atp o' OFFICIAL SEAL
STARLA BROWN Notary Public S. l 6�o
i 4A NOTARY PUBLIC-KENiUCKY
N,1' ^ STATE-AT-LARGE
_ r_ My Comm.Expires 11128J2024
ID#KYNP17928
•
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM
223146v2