HomeMy WebLinkAboutCovenant for limited wastewater plmb in access bldg CITY OF ORONO COVENANT FOR
LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING
THIS COVENANT, made and entered into this �S�'� day of
ti���-�� � , 2002, by David F. Dalvey and Jodi A. Dalvey (husband and wife),
(hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal
corporation (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, Applicants have made application to the City for the installation
of limited wastewater plumbing in an accessory building on property in Hennepin County, State
of Minnesota, legally described as:
That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point
on the West line of said Section 9, 400 feet north from the Southwest corner of said Section;
thence north along said West line of said Section 100 feet; thence East parallel with the South
line of said Section to the shore of Lake Minnetonka; thence southerly along said shoreline
105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point
of beginning, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and
WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall
include all interior wastewater piping and fixtures; and
WHEREAS, City staff have reviewed Applicants' application and have found that
the building proposed for the installation of limited wastewater plumbing has met the standards
established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow
installation of limited wastewater plumbing; and
WHEREAS, Applicants are aware that according to Section 10.03, Subdivision
9(F), specific conditions exist under which limited wastewater plumbing may be allowed within
an accessory building; and
WHEREAS, Section 10.03, Subdivision 9(F) allows issuance of a permit for
installation of limited wastewater plumbing in an accessory building conditioned upon the
execution of this Covenant and its filing in Applicant's chain of title; and
WHEREAS, in order to identify all parties within an interest in the subject
property, the Applicants are required to provide title information to City staff as requested. All
parties with an interest in this property shall sign this covenant.
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Page 1 of 5 � � �%�����'���
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NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE
FOLLOWING:
1. Applicants' request for installation of limited wastewater plumbing within the accessory
building to include one toilet, one sink and one shower on the Subject Property if
approved conditioned upon the execution of this Covenant by the City and the
Applicants.
2. The following conditions shall control the installation and use of the limited wastewater
plumbing:
A) The accessory building shall not be used for a home occupation unless
specifically approved by the City or if allowed by City code.
B) ,The accessory building will not be used as a dwelling unless a Guest House
� conditional use permit is obtained from the City.
C) The accessory building will not be rented, leased or otherwise provided for use
as a dwelling under any circumstances.
3. This Covenant shall be binding upon current and future owners of Subject Property, and
shall be filed within the chain of title of the Subject Property.
4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of
this Covenant and to its terms, as shown by their signatures upon this document.
Page 2 of 5
CITY OF ORONO:
By:
Its Mayor
By:��;,��-,� 1���
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The fozegoing instrument was acknowledged before me on this 25th day of March, 2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal cor oration and
said instrument was executed on behalf of the City.
JACKIE YOUNG ;
NOTARY PUBIIC-M�NNES07� '
My Commissbn ExPi�s Jan.31,7� -
Notary Public �'�� •-' �'
STATE OF MINNESOTA
v
COUNTY OF HENNEPIN
� St
��.,�; � The foregoing instrument was acknowledged before me on this day of
1V�ar�i; 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
,� .i RACh'_L pOD�E �-��.��_�„�1_ 1��.���
NorF,;;v Fu,;u�-Mir;�vE�oTA Notary Public
",: ,�'� My Commission Eupires Jan.31,2pp5
Page 3 of 5
APPLICAN ):
�
By:
BY� -(�
/
ACKNOWLEDGEMENT (APPLICANTS)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this /(p�'day of f ��^�� , 20 02, %�fI�J�D r. l�%L�E�I
personally appeared before me,
whq is personally known to me
_� whose identity I proved on the basis of _ ,vi ,U ��L
whose identity I proved on the oath/affirmation of
, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
��NIS�M.LESKINEN
STATE OF MiNNESOTA NOTARYPUBIIC-�sor�
COUNTY OF HENNEPIN ►u�r Ca�spn exp�res dan.3�,2005
On this /� day of i(/(a�.� , 20 O2, �7��%T �.'1 n (. l�ie�
personally appeared before me,
who is personally known to me
� whose identity I proved on the basis of �l/1/V �[--
whose identity I proved on the oath/affirmation of
, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
�
Notary Public
DcNISE M.LESKINEN
NOTARY PUBLIC-MINNESOTA
Page 4 of 5 ��• �M��n Expkes Jan.31,2005
FEE WNE
By:
By: �
ACKNOWLEDGEMENT (FEE OWNERS)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this �'�day of �r,' , 20 OZ, ���//�� �. %/�L 1JEZr
personally appeared before me,
who is personally known to me
�%whose identity I proved on the basis of ,tit�t/ �L-
whose identity I proved on the oath/affirmation of
, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
�fi'�,
Notary Public
� ��
_. :. :P�i. LESKINEi�
STATE OF MINNESOTA NOTARYPUBLIC-MINNESOTA
My Commission Exprces Jan.31,2005
COUNTY OF HENNEPIN
On this � day of � , 20 d2, J�f�i� ,f���� �o_ �v�y
personally appeared before me,
who is personally known to me
��whose identity I proved on the basis of �li(/l/ �L.
,
whose identity I proved on the oath/affirmation of
, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
C:.NISE M.LESKINEN
Page 5 o f 5 NOTARY PUBLIC-MINNESOTA
Ady Cartrrdssion Expires Jan.31,2005