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HomeMy WebLinkAbout2022 Declaration of Restrictive Covenant 1111 II 111 11 III I I I II 11 II I LAND TYPE Abstract(A) DOC NUM 11089691 Certified, filed and/or recorded on Mar 22, 2022 11:48 AM Office of the County Recorder . Hennepin County, Minnesota Amber Bougie, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 158 Pkg ID 2417285E 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 II day of , 2022, by Barn House Cottage, LLC, a Minnesota limited liability company ("Declarant"). WHEREAS, Declarant is the fee owner of real property located at 3195 Watertown Road, Orono, Minnesota, legally described on the attached Exhibit"A" ("Subject Property"); and WHEREAS, Declarant has applied to the City of Orono for Permit No. RAS22-000004 ("Permit")to install plumbing for a toilet and sink 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 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 following covenants, conditions and restrictions upon the property: 1. PROHIBITION ON USES. The plumbing in the Accessory Building shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (2) 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 220767v1 1 anticipated flows from such fixtures, and subject to the property owners executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. 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 Declarant named herein, its successors 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 Declarant has executed this Declaration. CITY OF ORONO: By: Dennis Walsh,Mayor And: Adam Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) / The foregoing instrument was acknowledged before me this / day of /Wtkek, 2022 by Dennis Walsh and by Adam Edwards,respectively the Mayor and City Administrator of the City of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council. JAiik / .tary � Public �-- -= ANNA MARIE CARLSON FfoskV!I� - NOTARY PUBIC-MINNESOTA o. 2 °. {i• 'M,y Co ,r„scion Expires Jan.'s1. v.. 220767v1 2 DECLARANT: BARN HOUSE COTTAGE,LLC By '1. l .+1�-��rvwo� [name] Its U- [title] STATE OF MINNESOTA ) )ss. COUNTY OF Hein n ;,n ) The foregoing instrument was acknowledged before me this It day of M cur-th , 2022,by E3e}-k Trtkut.4-nn Gt,r\ ,the p h. ( of Barn House Cottage, LLC, a Minnesota limited liability company, on behalf of the company. (64ur;-adi90-14)62 Notary Public ALICIA A JOHNSON _ NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31/25 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/jmo 220767v1 3 EXHIBIT "A" Legal Description: Lot 1, Auditor's Subdivision No. 230, Hennepin County, Minnesota. (PIN 04-117-23-22-0003/abstract) 220767v1 4