HomeMy WebLinkAboutRAS23-000055 (reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this p day ofse plinibt i' , 2023, by John M. Ellenberger and Elizabeth A.
Ellenberger,joint tenants ("Declarant").
WHEREAS, Declarants are the fee owners of real property located at 3249 Casco Circle
[PIN 20-117-23-43-0008], Orono,Minnesota, legally described as:
Lot 12, Spring Park, also all land including the vacated Highway, lying between the Front
or Easterly line of said Lot and the shore of Lake Minnetonka, and between the Northerly
and Southerly lines of said Lot Twelve (12), extended to said lakeshore and being a part of
Government Lot Six (6), in Section Twenty (20) Township One Hundred and Seventeen
(117)Range Twenty-three(23)and also indicated on the plat of said Spring Park according
to the plat thereof on file or of record in the Office of the Register of deeds in and for said
Hennepin County, Minnesota.
("Subject Property")
WHEREAS,Declarants have applied to the City of Orono for Permit No.RAS23-000055
("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:
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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:
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.
227862v1
CITY OF ORONO:
By:
Denn' Walsh, Mayor
By:
Adam Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1.544 day of ge,1077-4",
2023 by Dennis Walsh and by Adam Edwards, respectively the Mayor and City Administrator
of the City of Orono, a Minnesota municipal corpo ation, on behalf of t corporation and
pursuant to the authority granted by its City Council.
Notary Public
�=
+ 111 NAONRAY M PiAR MARNLEsSoON'TA 5
M Commisson Expires San. 202
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227862v1
DECLARANTS:
iLi-M - /(41 1-1/).-t.,
John M. Ellenberger
PAA.NALAIA Wet/Lv
61/
Elizabi A. Ellenberger
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 0 day of
2023 by John M. Ellenberger and Elizabeth A. Ellenberger,joint tenants.
' i2/11n •
:t'.ns°'ar.� ALEXANDER NOLAN HENTON
0. otary ublic
Notary Public
.10 Minnesota
\-A' , My Commission Expires
; +t{,, - 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/mew
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MORTGAGE HOLDER CONSENT
TO
DECLARATION OF RESTRICTIVE COVENANT
PNC BANK, NATIONAL ASSOCIATION organized and existing under the laws of the
United States, 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 October 18, 2019
and was recorded October 25, 2019 as Hennepin County, Minnesota, Document No. A10716976,
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 14th day of September, 2023.
PNC BANK, NATIONAL ASSOCIATION
By: :2166AII _--
ri7110g.tautihar A.V.P
STATE OF OHIO )
) ss.
COUNTY OF CUYAHOGA )
The foregoing instrument was acknowledged before me this 14th day of
September, 2023, by Brittany Stautihar the A.V.P. of PNC BANK, a National Association, on
behalf of said entity.
Notary Public/Rahfeal Bryant
,,85. SF--., RAHFEAL BRYANT,NOTARY PUBLIC
° q� 's Residence-Cuyahoga County
* _ * State Wide Jurisdiction,Ohio
� ' Expiration Date July 13,2027
--, 2022-RE-851409
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/mew
227862v1