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HomeMy WebLinkAboutOAB Covenant - corrected permit #Existing Certs 1484341 111111111111111111111111111111111111111111 LAND TYPE Torrens (T) DOC NUM 6052288 Certified, filed and/or recorded on Dec 20, 2023 2:21 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 178 Document Recording Fee Document Total Pkg ID 2631758E $46.00 $46.00 This cover sheet is now a permanent part of the recorded document. DECLARATION OJT' I2ESTRIC'TiVE COVENANT THI�DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"}, is made this day of R ee bV e,, 2023, by the undersigned, Daniel J. Martinson and Heidi M. Martinson, married to each other ("Declarants"), W�REAS, Declarants are the fee owners of real property located at 2605 North Shore Drive, Orono, Minnesota [PIN No. 09-117-2342�0002], legally described as: That part of Crovernment Lot 4, Section 9, Township 117, Range 23, described as follows: Commencing at the North quarter corner of said section; thence on a bearing of South (the North line of the Northeast Quarter of said section being assumed to have a bearing of North 88 degrees 51 minutes West for purposes of this description) a distance of 2878.55 feet; thence South 70 degrees 37 minutes 31 seconds East a distance of 838.42 feet; thence South 67 degrees 19 minutes 23 seconds East a distance of 266.25 feet to Point A, said Point A being the point of beginning of the property being described and also the point of beginning of Line A; thence South 32 degrees 16 minutes 30 seconds West along said Line A to a point on the shore of Lake Minnetonka, and said Line A there ending; thence Southeasterly along said shore to a point 300 feet Southeasterly from said Line A, said 300 feet being measured on a bearing of South 59 degrees 05 minutes 30 seconds East fiom said Line A; thence North 32 degrees 16 minutes 30 seconds East a distance of 370 feet to an intersection with a line drawn South 59 degrees 05 minutes 30 seconds East from said Point A; thence North 59 degrees 05 minutes 30 seconds West to said Point A, the point of beginning; except that part of said above described property lying Southeasterly of the following described line: Commencing at said Point A; thence South 59 degrees 05 minutes 30 seconds East a distance of 246.74 feet to the point of beginning of the line being described; thence South 34 degrees 54 minutes 30 seconds West to the shore of Lake Minnetonka and there ending. ("Subject Property"); and. 229023v1 WHEREAS, Declarants have applied to the City flOUOT75-to construct a 925 square foot detached building depicted on the attached Exhibit "A"; and jSz3_Cod (D7S of Orono for Permit No. I ("Oversized Accessory Building") WHEREAS, as a condition of issuance of the Permit and pursuant to City Code Section 78=1434(3), the Declarants agree to impose upon and subject the Property to certain covenants, conditions, restrictions and reservations for the benefit of the City, the Property, and its present and future owners; NOW, THEREFORE, the undersigned parties hereby declares, impose upon, create and establish the following covenants, conditions and restrictions upon the Property: A. PROHIBITION ONUSES. 1. Not more than one Oversized Accessory Building shall be permitted on any property. An Oversized Accessory Building is defined as an accessory building of footprint area in excess of 1,000 square feet. 2. No such Oversize Accessory Building shall be nearer the front lot line than the front line of the principal building on the Property and the principal building setbacks must be met. 3. The maximum height for such Oversized Accessory Building shall be thirty (30) feet or the defined height of the principal residence building on the Property, whichever is less. 4. No future subdivision will be approved for the Property that places the Oversized Accessory Building 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 Oversized Accessory Building may remain without a principal building, in order that a principal building may be constructed. At the end of this time period, the Oversized Accessory Building must be removed if no principal building has been constructed. 5. If the Property is subdivided, the Oversized Accessory Building and principal building will be located together within a Iot that meets the minimum lot area requirement for the given size of the Oversized Accessory Building, 6. If the Property is subdivided, the setback required for the Oversized Accessory Building shall remain conforming. B. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Property, shall be recorded with Hennepin County against the title to the 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 Property. IN WITNESS WIlERE01�', as of the day and year first hereinabove written, the Declarants has executed this Declaration. CITY OF ORONO By: Dennis Walsh, Mayor Adam T. Edwards, City Administrator STATE OF MIl�INESOTA ) )Ss. COUNTY OF BENNEPIN ) The foregoing instrument was acknowledged before me this day of 2007; by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporatin on behalf of the corporation and pursuant to the authority granted by its City Council. , A CHRISTINE S. tUSIAN Na{ary public State of Minnesota My Commission Expires January3l, 2027 229023v! Heidi M. Martinson STATE OF MINNESOTA ) )ss. COUNTY OF PG,?rt e 1 /) ) The foregoing instrument was acknowledged before me this 1 5+ day of , 20 23, by Daniel J. Martinson and Heidi M. Martinson_ married to each other. "''";¢f4� NOLA J DICKHAUSEN �,�; • NOTARY PUBLiC MINNESOTA My Commission Expires Jan, 31, 202.7 •ii THIS INSTRUIIH;I�T DRAIrTI;Ti I3Y: CAMPBELL IGVIITSON, P.A. Profession at Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Pelephone: (651)452-5000 SMWrnkl 229023vt N N O + fy '.ylr— 1 . rH �� .;,; 'i. 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