HomeMy WebLinkAboutBarn - Oversize Accessory Building - Restrictive Covenant II Hi I 11 II
LAND TYPE Torrens (I)
DOC NUM 6052428
Certified, filed and/or recorded on
Dec 21, 2023 8:05 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 102 Pkg ID 2631921 E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1356429
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 21 day of , 2023, by REVIS L. STEPHENSON III and
MEGHAN STEPHENSON, married to each other ("Declarants").
WHEREAS, Declarants are the fee owners of real property located at 3760 Watertown
Road [PIN 32A I8-23-31-0005], legally described on the attached Exhibit "A" ("Subject
Property"); and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RAS23-000047
("Permit") to construct a 2,800 square foot building with plumbing as an Oversized Accessory
Building ("OAB") on the Subject Property depicted on the attached Exhibit "B"; and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Sections 78-1434 and 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. COMPLIANCE. Declarants shall abide by the following:
■ Principal building setbacks shall be met.
■ The OAB shall not exceed thirty (30) feet defined height.
■ No future subdivision shall be approved for the Subject Property that places the
OAB within a lot that has no principal building, except that the City in its
subdivision approval may grant a finite time period in which the OAB may
remain without a principal building, in order that a principal building may be
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constructed. At the end of this time period, the OAB must be removed if no
principal building has been constructed.
■ If the Subject Property is ever subdivided, the OAB and principal building shall
be located together within a lot that meets the minimum lot area requirement
for the given size of the OAB.
■ If a subdivision of the Subject Property is approved, the setback required for
the OAB shall remain.
■ The OAB shall not be used for home occupation unless specifically approved
by the City or if allowed by the City Code.
■ The OAB shall not be used as a dwelling unless approval for an ADU is
obtained.
■ The OAB shall not be rented or leased.
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• ofpage intentionally left blank.
Signature pages follow.
228(42v1
CITY OF ORONO:
By:
Dennis Walsh, Mayor
Edwards, City Admini
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
T e foregoing instrument was acknowledged before me this Z� day of
0 , 2023 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and
City Administrator of the City of Orono, a Minnesota munici orporation, on behalf of the
corporation and pursuant to the authority granted by i Cou cil.
N
��""TCHRISTINE S. LUSIAN
�' ��"; Notary Public
State of Minnesota
My Commission Expires
January31, 2027
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DECLAANTS: R
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this 3 t�tday of
2023 by Revis L. Stephenson III and Meghan Stephenson, married to each
other.
NOTARY PUBLIC
MINNESOTA
My Commission Expims Jan, 31, 2025
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
SN M/mkl
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EXHIBIT "A"
Legal Description:
Parcel 1:
Lot 2, Block 1, Hillaway Farm, Hennepin County, Minnesota, except that part embraced within
that part of the Southeast Quarter of the Southwest Quarter, Section 32, Township 118, Range 23,
described as beginning at a point on the East line of said Southeast Quarter of the Southwest
Quarter distant 499.62 feet South from the Northeast corner of said Southeast Quarter of the
Southwest Quarter; thence West, at right angles to said East line, a distance of 165 feet; thence
South, at a right angle to the center line of Orono Road No. 45, (also known as Minneapolis and
Watertown Road); thence Southeasterly along said center line to the East line of said Southeast
Quarter of the Southwest Quarter; thence North along said East line to the point of beginning.
(Abstract)
Parcel 2:
That part of Lot 2, Block I, Hillaway Farm, embraced within that part of the Southeast Quarter of
the Southwest Quarter, Section 32, Township 118, Range 23, described as beginning at a point of
the East line of said Southeast Quarter of the Southwest Quarter distant 499.62 feet South from
the Northeast corner of said Southeast Quarter of the Southwest Quarter; thence West, at right
angles to said East line, a distance of 165 feet; thence South, at right angle to the center line of
Orono Road No. 45, (also known as Minneapolis and Watertown Road); thence Southeasterly
along said center line of the East line of said Southeast Quarter of the Southwest Quarter; thence
North along said East line to the point of beginning, according to the plat thereof on file or of
record in the office of the Registrar of Titles in and for said County.
(Torrens)
Certificate No. 1356429
(PIN 32-118-23-31-0005/3760 Watertown Road)
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