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Home My WebLink About2023 Declaration of Restrictive Covenant (Reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this /0 day of 3 u L , 2023, by ALC REVOCABLE TRUST U/A DATED MARCH 25, 20223 as to an undivided one-half (Y2) interest, and the CMC REVOCABLE TRUST U/A DATED MARCH 25,2022 as to an undivided one-half Y2)interest, as tenants in common ("Declarants"). WHEREAS, Declarants are the fee owners of real property located at 3375 Graham Hill Road, Orono, Minnesota [PIN 05-117-23-11-0018], Orono, Minnesota, legally described as: Lot 1, Block 1, Graham Hill Preserve 2" Addition, Hennepin County, Minnesota ("Subject Property"); and WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS23-000026 ("Permit") which will allow the Subject Property to be utilized as an Accessory Dwelling Unit ("ADU")to Declarants' single-family dwelling; and WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code Section 78-1433,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 covenants, conditions and restrictions upon the Subject Property as follows: 1. COMPLIANCE. Declarants shall abide by the following: • No more than one ADU shall be permitted on a lot or parcel. • The total floor area of an ADU shall be no more than 50 percent of the primary dwelling unit's total floor area. The total floor area of an ADU shall not be less than 300 square feet. 226787v1 • The ADU shall not have separate utility connections. The primary residence and ADU must be served by shared municipal water, sanitary sewer, gas, and electric utility services. If not served by municipal sewer and water,the primary residence and ADU shall meet the private well and septic requirements of the City Code. • An ADU shall be designed and maintained so as to be consistent with the architectural design, integrated materials, style, appearance, and character of the primary residence as a single-family residence. • A minimum of two off-street parking spaces (enclosed or on a driveway) shall be required for the ADU. • ADUs must be constructed on a permanent foundation with no wheels. • The property shall only have one address. The ADU may not be addressed separately from the primary residence. • The ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure. • An ADU shall be constructed and maintained in accordance with all state laws and state building, plumbing, electrical, mechanical, and fire code regulations and City Code requirements. • An ADU cannot be rented separately from the primary residence. 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 and the City have executed this Declaration. [Remainder of page intentionally left blank Signature pages follow.] 226787v1 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 aeday of 2023 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and Inter' City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority grante by its City Cou otary Public ANNA MARIE CARLSON £ NOTARY PUBLIC•MINN:SOYA f y.1M Commission EAwes jan 31,2025 226787v1 DECLARANTS: ALC REVOCABLE TRUST U/A DATE MARCH 25 02222 k2t 12—r, tC:), Amber . Cales, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this t 9 M day of 5c4J). 2023,by Amber L. Cales,as Trustee of the ALC Revocable Trust Under Agreement dated March 25,2022. CHARLESMICHAELMITCHELL Notary Public NOTARY PUBLIC-MINNESOTA My Commission Expires,fan.31,2026 r i:o.t 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 226787v1 DECLARANTS: CMC REVOCABLE TRUST U/A ChrTED MA H 25,2022 LIM - �,r-,,,,�t{R. istina M. Cales, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this j? day of 50.50 ,2023, by Christina M. Cales,as Trustee of the CMC Revocable Trust Under Agreement dated March 25, 2022. Notary Public .,HARLES MICHAEL MITCHELL NUM PUBUC-MINNESOTA My Commission Expires Jan.31,2026 l V 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 226787v1 MORTGAGE HOLDER CONSENT TO DECLARATION OF RESTRICTIVE COVENANT WELLS FARGO BANK, N.A., a corporation organized and existing under the laws of 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 March 7, 2022 and was recorded March 8,2022 as Hennepin County,Minnesota,Document No. 5927666,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 / 0 day of 3 , 2023. WELLS FARGO BANK,N.A c n By: David B.Johnson [print name] Its VICE PRESIDENT [title] State of Minnesota County of Hennepin This instrument was acknowledged before me on 3V I I � t.�rJ7i3 , by David B.Johnson , (name(s) of person(s)as VICE PRESIDENT , (type of authority, e.g., officer, trustee, etc.) of Wells Fargo Bank,N.A., a national banking association. KATHERINE KLAIRE WHITE NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31/2025 ,.CAL AL lAt.1., ignature of notarial officer Katherine Klaire White (Stamp) Notary Public My commission expires:1 ' 1. 12.6 ZS" 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 226787v1