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Home My WebLink About06-27-2023 Declaration of Restrictive Covenant s ; 1111111 LAND TYPE Abstract (A) DOC NUM 11210594 Certified, filed and/or recorded on Jun 27, 2023 8:01 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 155 Pkg ID 2576570E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. LAND TYPE Torrens (T) DOC NUM 6019991 Certified, filed and/or recorded on Jun 23, 2023 2:22 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 129 Pkg ID 2575990E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1543436 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 1(c day of N-i 0./ , 2023, by Harrison T. Grodnick and Marissa E. Grodnick,joint tenants ("Declarants"). WHEREAS, Declarants are the fee owners of real property located at 387 Orono Orchard Road South [PIN 02-117-23-23-0011], Orono, Minnesota, legally described as: Lot 1, Block 1, Orono Orchard Hill, except that part embraced within Lot 1, Block 1, Smith Dettloff Addition, Hennepin County, Minnesota. Torrens property. And That part of Lot 1, Block 1, Orono Orchard Hill, embraced within Lot 1, Block 1, Smith Dettloff Addition, Hennepin County, Minnesota. Abstract property. ("Subject Property"); and WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS23- 000016 ("Peirilit")to construct a 1,605 square foot building with plumbing as 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 and 78-1437, the Declarants are required to record this Declaration imposing upon the Subject Property 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 covenants, conditions and restrictions upon the Subject Property as follows: 226281v3 1. COMPLIANCE. Declarants shall abide by the following: Section 78-1434(3) • No more than one OAB shall be permitted on a lot or parcel. • The OAB shall never be nearer the front lot line than the front line of the principal building on the Subject Property. • Principal building setbacks shall be met. • The OAB shall not exceed thirty (30) feet defined height. • No future subdivision shall 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 end of this time period, the OAB must be removed if no principal building has been constructed. • If the Subject Property is ever subdivided, the OAB and principal building shall be located together within a lot that meets the minimum lot area requirement for the given size of the OAB. • If a subdivision of the Subject Property is approved, the setback required for the OAB shall remain. • The OAB shall not be used for home occupation unless specifically approved by the City or if allowed by the City Code. • The OAB shall not be used as a dwelling unless a guest house conditional use permit is obtained. • The OAB shall not be rented, leased, or otherwise provided for use as a dwelling under any circumstances. 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. 226281v3 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. 3. AMENDMENTS. This Declaration may not be amended, modified or terminated without the written approval of the City. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. Remainder of page intentionally left blank. Signature pages follow. 226281v3 CITY OF ORONO: By: Dennis Walsh, Mayor By. Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoingacknowledged this day of 2023 by Dinstrumentennis was Walshac and by Adam Tbefore. Edwardsme , respectively the Mayor and City ministrator of the City of Orono, a Minnesota municipal co oration, on behalf of the corporation and pursuant to the authority grant by its City ou i1 otary Public 1��} <<� �z�.�^rp� gNNAMARIE CARLSON ,` •," k w,� f' ,� -- ,ki= NOTARY PUBLIC-MINNESOTA ,r k 'E�' '6 My Commission Expires Jan.31,2025 226281v3 •F r DECLARANTS: Harrison T. Grod1 ick Marissa E. Grodnick STATE OF MINNESOTA ) )ss. COUNTY OF tlEial ? ) The foregoing instrument was acknowledged before me this 1 1411 day of MA`{ , 2023 by Harrison T. Grodnick and Marissa E. Grodnick,joint tenants. N tary Public r�. SARAH DEE RUDE NOTARY Pu8UC-MINNESOTA MY COMMISS►ON ExPiAES Qtl3iv 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 226281v3