HomeMy WebLinkAboutRAS23-000083 - Declaration of Restrictive Covenant - OAB111111111111111111111111111111111
LAND TYPE Abstract (A)
DOC NUM 11268670
Certified, filed and/or recorded on
Mar 7, 2024 .11:27 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 41 Pkg ID 2651990E
Document Recording Fee 46.00
Document Total 46.00
This cover sheet is now a permanent part of the recorded document.
reserved or recording)g)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this ZZ day of MO V(l( 2024, by NEIL A. RILEY and STEPHANIE A.
RILEY, married to each other("Declar is").
WHEREAS, Declarants are the fee owners of real property located at 3175 Jamestown
Road, Orono, Minnesota [PIN No. 28-118-23-33-00141, legally described as: Lot 1, Block 1,
Liberty Acres Second Addition, Hennepin County, Minnesota and an undivided 1/10th interest
in Outlot A,Liberty Acres,Hennepin County,Minnesota, together with an easement of ingress,
egress and utility over the North 66 feet of the West 66 feet of the Southeast Quarter of the
Southwest Quarter of Section 28, Township 118,Range 23, Hennepin County, Minnesota, and
an easement for ingress, egress and utility over Outlot A, Garden Grove, Hennepin County,
Minnesota (the "Property"); and
WHEREAS,Declarants have applied to the City of Orono for Permit No.RAS23-000083
Permit") to install plumbing including a toilet, sink, and shower within a 1,920 square foot
building, 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(3)(c) 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:
No more than one OAB shall be permitted on a lot or parcel.
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The OAB shall never be nearer the front lot line than the front line of the
principal building on the Subject Property.
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
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 DAB 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 a guest house conditional use
permit is obtained.
The OAB shall not be 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 ofpage intentionally left blank.
Signature pages follow.]
229402v1
CITY OF ORONO:
By:
Dennis Walsh, Mayor
By:
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7'2-- day of
2024 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and
City Admin strator of the City of Orono, a Minnesota municip. orp. ation, on behalf of the
corporation and pursuant to the authority granted by its Ci v" ou i .
Notary Zi.t. li'
Sr, CHRISTINE S. LUSlAN
3 Notary PubIiC
State of Minnesotax3
4. -.`Y My Commission Expires
1,. January31,2027
229402v1
DECLARANTS:
7""? .
7--/:
Neil A. Riley
Li____
Stephanie . Riley
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
L
The foregoing instrument was acknowledged before me this i} day of JaJ4(.(JLI'14 ,
2024,by Neil A.Riley and Stephanie A.Riley, married to e h other.
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NOTARY POLL MINNESOTA
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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
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