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HomeMy WebLinkAboutRPS23-000131 (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this /J'ij day of 02/ ,2023, by Patricia M. Dillon and Robert L.Dillon, as Trustees of The Patricia M. Dillion Trust Agreement. ("Declarant"). WHEREAS, Declarants are the fee owners of real property located at 2525 Dunwoody Ave [PIN 20-117-23-22-0018j, Orono, Minnesota, legally described as:Lot 9, Block 8, Townsite of Langdon Park, Hennepin County, Minnesota("Subject Property") and WHEREAS,Declarants have applied to the City of Orono for Permit No. RPS23-000131 ("Permit") to install plumbing in an Accessory Building on the Subject Property; and. WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code Section 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: 1. PROHIBITION ON USES. 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 a toilet and/or sink in any accessory building shall be subject to provision of sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures. C. Installation of any combination of fixtures which includes a bathtub or shower shall be subject to the property owners executing a covenant providing that the accessory building will not be: 227871v1 i. Used for a home occupation unless specifically approved by the city or if allowed by this Code. ii. 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. 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. 227871v1 CITY OF ORONO: By: C)._ Dennis Walsh, Mayor By: dam Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 111k-day of 2023 by Dennis Walsh and by Adam Edwards, respectively the Mayor and City A ministrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Cou 'l. otary Public ANNA MAR1E CARLSON ar.. 4a..•t= NOTARY PUBLIC-MINNESOTA zc o2� �s��on Bxnires Jan.31,2 hey Comm - 227871v1 DECLA S: 1// atricia lon Roll L. Dillf,n tar- f STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this a day of Stpiehi ., 2023 by Patricia M. Dillon and Robert L. Dillon, as Trustees of The Patricia M. billion Trust Agreement. r` Candace Ann Kemna ~ �� Wit NOTARY PUBLIC No Public MINNESOTA • s My Commission Expires Jan 31,2025 j' THIS INSTRUMENT DRAFTED BY: CAMPBELL KN UTSON,P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/mew 227871v1