HomeMy WebLinkAboutUntitled II II 111 I II II Ell
LAND TYPE Abstract (A)
DOC NUM 11293347
Certified, filed and/or recorded on
Jun 24, 2024 10:40 AM
Office of the County Recorder
Hennep,. "^unty, Minnesota
Amber Bougie, county Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 26 Pkg ID 2684082E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
a
•
(reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this day of Ayrvi L , 2024, by CURTIS D. STRATTON and
JENNIFER S. STRATTON,married to each other("Declarants").
WHEREAS, Declarants are the fee owner of real property located at 1020 Old Crystal
Bay Road S, Orono, Minnesota [PIN 09-117-23-13-0006J, legally described on the attached
Exhibit"A" ("Subject Property"); and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RPS24 -
000019 ("Permit")which will allow the existing home on the Subject Property to be utilized as an
Accessory Dwelling Unit ("ADU") to Declarants' new single-family dwelling depicted on the
attached Exhibit"B"; and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Section 78-1433,the Declarants agree to impose upon and subject the Subject Property to 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. De
clarants eclarants shall abide by the following:
■ No more than one ADU shall be permitted on a lot or parcel.
N The total floor area of an ADU shall be no more than 50 percent of the primary
dwelling unit's total floor area. The total floor area of an ADU shall not be less
than 300 square feet.
■ The ADU shall not have separate utility connections. The primary residence
and ADU must be served by shared municipal water, sanitary sewer, gas, and
230417vI
electric utility services.If not served by municipal sewer and water,the primary
residence and ADU shall meet the private well and septic requirements of the
City Code.
• An ADU shall be designed and maintained so as to be consistent with the
architectural design, integrated materials, style, appearance, and character of
the primary residence as a single-family residence.
• A minimum of two off-street parking spaces(enclosed or on a driveway)shall
be required for the ADU.
• ADUs must be constructed on a permanent foundation with no wheels.
• The property shall only have one address. The ADU may not be addressed
separately from the primary residence.
• The ADU may not be subdivided or otherwise segregated in ownership from
the primary residence structure.
• An ADU shall be constructed and maintained in accordance with all state laws
and state building, plumbing, electrical, mechanical, and fire code regulations
and City Code requirements.
• An ADU cannot be rented separately from the primary residence.
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.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the
Declarants and the City have executed this Declaration.
[Remainder of page intentionally left blank
Signature pages follow.]
230417v1
CITY OF ORONO:
Itti2DI
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 2c7 day of 4,Qfl I ,
2024 by Dennis Walsh and by Adam T.Edwards,respectively the Mayor and City Administrator
of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
/jr .;Nry P iic
NO LA H J ic. USE
T NOTARY PU I Ic
mil•li7r sG i A
-sL t.iv Ce ..nn cx es Jan 31 20)7 r'
230417vI
DECLARANTS:
Curtis D.Stratton
Je er S. att n
STATE OF MINNESOTA )
)ss.
COUNTY OF J /l i/L )
The foregoing instrument was acknowledged before me this ?3 day of i f
2024 by Curtis D.Stratton and Jennifer S.Stratton,ma 'ed to each other.
tart' blic
'"'"1 NOLA J DICKHAUSEN
NOTARY PUBLIC
MINNESOTA
.,4 My Commission Expira5 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
SMMimk1
230417v1
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EXHIBIT"A"
Legal Description:
"A" -All that part of government lot eight(8)in section nine(9),township one
hundred and seventeen(117)north,range twenty-three(23) west, bounded as follows,
to-wit:Commencing at the north-east corner of said government lot eight(8);thence
south nine and one-half rods;thence at right angles west to the center line of the public
road running northerly and southerly through said government lot eight(8);thence
northerly along the center line of said road to the north line of said lot eight(8)to the
point of beginning:
"B" - Beginning at a point seventeen hundred five and twenty-two hundredths
(1705.22)feet west of the south-east corner of the north half of the north-east quarter of
said section nine(9); thence north eleven and forty-two hundredths (11.42)feet,thence
westerly along a line drawn from the last mentioned point to the south-west corner of
the north half of the north-east quarter of said section, a distance of two hundred and
fifty(250)feet, more or less, to the center of French Road, so-called,thence in a south-
easterly direction along the center line of said French Road eleven(11)feet,more or
less,to a point on the true south line of the north half of the north-east quarter of said
section;thence east along said south line two hundred and forty(240)feet,more or less,
to the point of beginning,Hennepin County,Minnesota; the said descriptions "A" and
"B" comprising one tract, all in Hennepin County, Minnesota.
(PIN 09-117-23-13-0006/ 1020 Old Crystal Bay Road S/abstract)
230417v1
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(reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this day of A)/l1^ L , 2024, by CURTIS D. STRATTON and
JENNIFER S. STRATTON,married to each other("Declarants").
WHEREAS, Declarants are the fee owner of real property located at 1020 Old Crystal
Bay Road S, Orono, Minnesota [PIN 09-117-23-13-0006], legally described on the attached
Exhibit"A" ("Subject Property"); and
WHEREAS, Declarants have applied to the City of Orono for Permit No. RPS24 -
000019 ("Permit")which will allow the existing home on the Subject Property to be utilized as an
Accessory Dwelling Unit ("ADU") to Declarants' new single-family dwelling depicted on the
attached Exhibit"B"; and
WHEREAS, as a condition of issuance of the Permit and pursuant to Orono City Code
Section 78-1433, the Declarants agree to impose upon and subject the Subject Property to 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 ADU shall be permitted on a lot or parcel.
• The total floor area of an ADU shall be no more than 50 percent of the primary
dwelling unit's total floor area. The total floor area of an ADU shall not be less
than 300 square feet.
• The ADU shall not have separate utility connections. The primary residence
and ADU must be served by shared municipal water, sanitary sewer, gas, and
230417v1
1
electric utility services. If not served by municipal sewer and water,the primary
residence and ADU shall meet the private well and septic requirements of the
City Code.
• An ADU shall be designed and maintained so as to be consistent with the
architectural design, integrated materials, style, appearance, and character of
the primary residence as a single-family residence.
• A minimum of two off-street parking spaces (enclosed or on a driveway) shall
be required for the ADU.
• ADUs must be constructed on a permanent foundation with no wheels.
• The property shall only have one address. The ADU may not be addressed
separately from the primary residence.
• The ADU may not be subdivided or otherwise segregated in ownership from
the primary residence structure.
• An ADU shall be constructed and maintained in accordance with all state laws
and state building, plumbing, electrical, mechanical, and fire code regulations
and City Code requirements.
• An ADU cannot be rented separately from the primary residence.
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.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the
Declarants and the City have executed this Declaration.
[Remainder of page intentionally left blank.
Signature pages follow.]
230417v1
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„2a- day of 42(, I ,
2024 by Dennis Walsh and by Adam T.Edwards,respectively the Mayor and City Administrator
of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
N tary P 1ic
<° twesr'rr NOLA J DICKHAUSEN
"�' NOTARY PUBLIC
1 * r] r`; MINNESOTA
A. _•" :i= My Co'n iss'.on Expires Jan 31 2027
230417v1
DECLARANTS:
Curtis D. Stratton
Je ' er S. raft n
STATE OF MINNESOTA )
)ss.
COUNTY OF ,/I. )
The foregoing instrument was acknowledged before me this �33 day of ,
2024 by Curtis D. Stratton and Jennifer S. Stratto ,ma 'ed to each other.
N tary blic
1K`s, NOLA J DICKHAUSEN
NOTARY PUBLIC
42 MINNESOTA
My Commiss;on Expires 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/mkl
230417v1
EXHIBIT "A"
Legal Description:
"A" -All that part of government lot eight(8) in section nine(9),township one
hundred and seventeen(117)north, range twenty-three(23) west, bounded as follows,
to-wit: Commencing at the north-east corner of said government lot eight(8); thence
south nine and one-half rods; thence at right angles west to the center line of the public
road running northerly and southerly through said government lot eight(8); thence
northerly along the center line of said road to the north line of said lot eight(8)to the
point of beginning:
"B" -Beginning at a point seventeen hundred five and twenty-two hundredths
(1705.22) feet west of the south-east corner of the north half of the north-east quarter of
said section nine(9); thence north eleven and forty-two hundredths (11.42)feet,thence
westerly along a line drawn from the last mentioned point to the south-west corner of
the north half of the north-east quarter of said section, a distance of two hundred and
fifty(250)feet, more or less, to the center of French Road, so-called, thence in a south-
easterly direction along the center line of said French Road eleven(11) feet, more or
less, to a point on the true south line of the north half of the north-east quarter of said
section; thence east along said south line two hundred and forty (240) feet,more or less,
to the point of beginning, Hennepin County, Minnesota; the said descriptions "A" and
"B" comprising one tract, all in Hennepin County, Minnesota.
(PIN 09-117-23-13-0006/ 1020 Old Crystal Bay Road S /abstract)
230417v1
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