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Home My WebLink About2023 Declaration of Restrictive Covenant LAND TYPE Torrens (T) DOC NUM 6002582 Certified, filed and/or recorded on Mar 8, 2023 4:25 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 26 Pkg ID 2544748E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1532902 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 R7'h day of 1bruarq , 2023 , by Marvin C. Baugus and Theresa J. Baugus, married to each other ("Decclarants"). WHEREAS, Declarants are the fee owners of real property located at 3355 Graham Hill Road [PIN 05-117-23-11-0008], Orono, Minnesota, legally described as: Lot 7,Block 1, Graham Hill Preserve, Hennepin County, Minnesota("Subject Property"); and WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS22- 000104 ("Penniit") to construct a 1,406 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(3) 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 224527v1 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.] 224527v1 CITY OF ORONO: By: t I 4.0, Dennis Walsh, Mayor By: Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this VIA-day of 1� , 202,5 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City dministrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Counc. . otary Public oFs n;r ANNA MARIE CARLSON (: �Lz' NOTARY PUBLIC-MINNESOTA { c My Commission Expires Jan.31,2025 �O 1w:85f y~+~ 224527v1 MORTGAGE HOLDER CONSENT TO DECLARATION OF RESTRICTIVE COVENANT MINNWEST BANK, a (1019(rhD , which holds a Mortgage on all or part of the property more particularly described in the foregoing Declaration of Restrictive Covenant, which Mortgage was originally in favor of RoundBank, organized and existing under the laws of Minnesota, dated October 25, 2021 and recorded October 29, 2021 as Document No. T5892251 with the offices of the Hennepin County Registrar of Titles, Minnesota, which Mortgage was acquired by Minnwest Bank on November 20, 2021, 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. 41 Dated this I/ day of )(di la? , 2023. MINNWEST BANK By: (j6C1(Vie Slaart" [print name] Its PVC(AY Of MO" STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this I day of , 2023, by C -y-i f S-{- the t, --c;CLA-Ltk o innwest ank, a -� � , on behalf said entity. '440.010416•646.1ires.amidlirigh„,iskigyhor 31eXtic j NANCY JEANE LEVJSAY Notar public -A -y. Notary Public y 71, � � Minnesota '.:r�4 _ My Commission Expires ,u • Jan 31, 2025 THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/jmo 224527v1 MORTGAGE HOLDER CONSENT TO DECLARATION OF RESTRICTIVE COVENANT OLD NATIONAL BANK, a National Banking Association,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 December 29, 2021 and recorded January 18, 2022 as Document No. T5915214 with the offices of the Hennepin County Registrar of Titles,Minnesota, 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 10th day of January, 2023. OLD NATIONAL BANK By: [print name] Its 3 [title] STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 10th day of January, 2023, by Thomas D. Faber the SBA Director of Old National Bank, a National Banking Association, on behalf of said entity. - —� Notary Public Andrew M.Hill Notary Public-Minnesota My Commission Expires 0113112027 THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/jmo 224527v1 DECLA -~—'-' ' arvin C. Baugus The esa J. Baugus STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this I 714? day of 2023 by Marvin C. Baugus and Th a J. Baugus,married to each other. r`. A,„F„, c,1:4)70:17/(A4' of ublic ffie `� MICHELLE M OHERN '` = NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31/26 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 224527v1