HomeMy WebLinkAbout12-20-2022 Declaration of Restrictive Covenant . II ii 1 II 1 1 1 1 i H I iiii ii ii
LAND TYPE Torrens (T)
DOC NUM 5991497
Certified, filed and/or recorded on
Dec 20, 2022 8:01 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 180 Pkg ID 2523657E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1538097
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 De,c r, I -y- , 202 g, by Daniel Lemke, a single person
("Declarant").
WHEREAS, Declarant is the fee owner of real property located at 3725 Togo Road [PIN
17-117-23-31-0050], Orono, Minnesota, legally described as: Lot 1, Block 1 James Barth
Addition, according to the recorded plat thereof, Hennepin County, Minnesota ("Subject
Property"); and
WHEREAS, Declarant has applied to the City of Orono for Permit No. RAS22-000102
("Permit") to install plumbing for a toilet, and sink in a 32' x 26' 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 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 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.
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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 Declarant named herein, his 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 Declarant
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 /p( day of 20.10/thr ,
20202, by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City
Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority grant by its City C uncil
Notary Public
ANNA MARIE CARLSON
G �'_IC•MINNESOTA
Fy= NOTARYPU
° My Commissic,n Expires Jan.31,2025
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DECLARANT:
s ^
mke
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this g day of Decor ,
202,E , by Daniel Lemke, a single person.
,
Notary Public
ALICIA A JOHNSON
4-'41111"r-''" NOTARY PUBLIC-MINNESOTA
- i 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/mkl
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