HomeMy WebLinkAbout2023 ADU Covenant c �
LAND TYPE Abstract(A)
DOC NUM 11221305
Certified, filed and/or recorded on
Aug 8, 2023 2:14 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 183 Pkg ID 2590254E
Document Recording Fee $46.00
Document Total $46.00
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 /e' day of Ju y , 2023, by Brenda Iversen, a single person
("Declarant").
/
WHEREAS, Declarant are the fee owner of real property located at 1850 Lakeside Trail
[PIN 34-118-23-12-0010], Orono, Minnesota, legally described as: Lot 3, Block 1, Willow Bay
Sanctuary, according to the recorded plat thereof, Hennepin County, Minnesota ("Subject
Property"); and
WHEREAS, Declarant has applied to the City of Orono for Permit No. RPS23-000061
("Permit") which will allow the Subject Property to be utilized as an Accessory Dwelling Unit
("ADU")to Declarant's single-family dwelling; and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Section 78-1433,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 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.
• The ADU shall not have separate utility connections. The primary residence
and ADU must be served by shared municipal water, sanitary sewer, gas, and
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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.]
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CITY OF ORONO:
By: •
Dennis Walsh, Mayor
B -
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �a'�dayof Jt!
g g g
2023 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and Interi City
Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted y its City ounc.
otary Public
h1ARE CARLSON
ANNA �SOM
Y pU �-IC-MINti`
,.. ±ems�'1 NOTAR Tres tan.3�,202J
4��`�' � " �My Commission ExA
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DECLARANTS:
\/67/64-Arr-4-
Brenda Iversen
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 30 day of 3 Lute_
2023 by Brenda Iversen, a single person.
tary P is
• '.A.
NOLA J DICKHAUSEN I
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan 31,2027
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/mk1
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MORTGAGE HOLDER CONSENT
TO
DECLARATION OF RESTRICTIVE COVENANT
, a
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 and was recorded
as Hennepin County, Minnesota,Document No. , 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 day of , 2023.
By:
[print name]
Its [title]
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2023,by the of
, a „ on behalf
of said entity.
Notary Public
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/mkl
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