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HomeMy WebLinkAbout1989-09-26 Covenant for Oversized Structure56;0610 CITY OF ORONO COVENANT FOR uVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this •Z(t, day of t . ►�� 19 by �. t� �L.•,��_ L-� �- husband and wife/a—Uinnorota o at' (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City foran accessory structure on property in Hennepin County, State of Mt nnt•sota, i.egally described as: Exhibit A (Attached) (hereinafter referred to as "Subject Property"); and WHEREAS, City staff have reviewed Applicants' al.plication and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Cnde as an Oversized Accessory Structure ("OAS"); and WHEIVIRS, Applicants are aware that according to Section 10.03, Subdiviz:icn 9 (C)(3)(c), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. Page 1 of 4 TRANSFER ENTOW DEn 0� MO►f F n ; �z a ►u8t'; Rtx°iK JAN 24 Iii 1�MiE1'a Opj'% -v WPM N �R � NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the existence of the OAS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. B) Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal struc,�ure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. C) Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. 3. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. Page 2 of 4 CIT gy# By: ACKNOWLEDGEMENT STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing ,instrument was ac%nowledged 9before / me by this Z � day of an L �� 1 i , the Gtr and of the City of • _� r y ([mak' -- Orono on behalf of the muncipal corporation. ._. LAURIE K. SCHEFFLER ' 00;1.., .VOLK - .,...r.of. Notary U 11C IIENNIPIN CC1J'•1` f My Co itsion Expires APPLICJI�IT (S) I By: c By: ACKNOWLEDGP.KENT (APPLICANTS) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing this o?bdly of (husbandlj and wife act and deedfim--b,+ st ume t was acknowledged before me by ^. d n as t e r reCPOe ae-eo�orat.i�► Not y PWANOW PA • ELAAVE wItPv emm"`0 My Commis .age 3 of 4 ACKNOWLEDGEMENT ( FEE OWNERS) STATE OF MINNESCTA as. COUNTY OF HENNEPIN :r � a• V-4 A Mr A .. . The foregoing :truer nt was acknowledged b ore me S aE d i of _ er 19 , by LEI ohniewdlo Or a Minnesota Corporation on behalf of the corporation. dL Nota y Pu lio EIME T)CW-04 110 WOW was- .%i SMA M089M 00uNtY y P44rmb 6q: CIT' C/ -v, -J0 Page 4 of 4 ep.�s� � N 55.x'3 EXHIBIT A - LEGAL DESCRIPTION A11 of the {gest half of the ;;ort east au8rter of Section 6, ?own- a`ip 117!;ort , ?snge 23 :est of the ^-Indira: nmrid.;C ian, ;S?: t`at :art thereof dscr_ted as fcLovs: Eegina'_ni; at the !:crzh_est corner of the !;or theast guar ter of said Section 6; thence Esst along the i;ar th line cf said !:cr:Zea:at quarter a distE: ce of 514 feet; thence South 2701,0' West (ass= na said North line as bearing East) a distance of 539 feet to the centerline o: the Cou%ty ::cad which extends across said Northeast quarter, thence !;or :! -esterly along the center;«ne of said Count."., Road to the "'es: lino cf said !;ortheast=.iter; t -hence Gzrt`erly along said ::est lin_ print ,f cpg`_n.._-;, accc -ini tz t: a United St_tas ,over.-ent S. .e; thereof, :'.erne=_.. Cor..ty, !1-1nnesota; ALL -0 E.Y.??:' that ;art cf the .;est half of the ,:orthaast r•r:er or, said Section 6 descrited as fello_s: aegin in g at the .h f' th ' a t ^..^.lf f th t t! ..—d Sou.. :nst corner c_ e w $ o �..e !.cr :bass cuar ter; once en a ass• bearing cf 'br th alonf the Ess: line cf said :cat half or the ::c_ theist quarter a distance of 1167.98 feet; thence on a _-ear_.ng cf gest a distance of :13.35 feet; 'hence Sor.n 3col�, . C4 t,, Sl L101161' -O" ',0" ices . a distance o. 2e0..3 .eta; ..encs _.0,des: a distance of 345.23 feet; thence Southerly to the Southwest corner of the E..•st half of the gest half cf said Northeast quarter; theAe Easter!- along the South line of said ?:or t`east quarter to point of hegin_^ing; .i...0 ?XCE.0 that part of the Norti-vest quarter of the .1.'ortheast c;:arter of said Section o described as follows:. Eegin^ing at the Vorthwest corner of said Northeast quarter; thence East along the northerly line of said auction a distance cf 514 feet to actual point of beginning; thence cui'lecti_g right 117030' a distance of 589 feet to the centerline of Ce•:.^qty ?_ ad No. E4; w.ence deflecting left along said ce ntar- l'_ne a distance of 160 feet; thence deflecting left Elol9' a distance of 662.1: feet tc a point ca the !:cr th __re of said Secticn 6;located 216.55 feet E_°st of tha point of beg'_n..'ng; t1-ence West along said !:or th dine a distance of 216.55 fe� t to point of begin- ing (for .r;oses of this su:^rey, tvo points on the centerline of trave:, distant lE0 feet apart, have been sss.=ed to rar:, the above-descr_ted centerline boundar-i); ( Also known as P.I.D. 806-117-23 12 0003 ) 4