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HomeMy WebLinkAboutDeclaration of Restrictive Covenant4 11111111111111111111111111111111111111111111 LAND TYPE Abstract (A) DOC NUM 11293347 Certified, filed and/or recorded on Jun 24, 2024 10:40 AM Office of the County Recorder Hennepiia ^ronty, Minnesota Amber Bougie, county Recorder Daniel Rogan, County Auditor and Treasurer Deputy 26 Document Recording Fee Document Total Pkg ID 2684082E $46.00 $46.00 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 EY2 day of LAJD�j 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 09417-2343-0006], 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 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. Signatame pages follow.) 230417v1 By: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Dennis Walsh, Mayor Adam T. Edwards, City Administrator The foregoing instrument was acknowledged before me this oZoy- day of () , 2024 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City dministrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ofJ�45T�r N®�/� U D��; FaF1AU�EfV ^f �; NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2027 230417v1 DECLARANTS: Curtis D. Stratton STATE OF MINNESOTA ) )Ss. COUNTY OF , /1. ) The foregoing instrument was acknowledged before me this,,;?, day of , 2024 by Curtis D. Stratton and Jennifer S. Strattto>� malf, d to each�other. vo�THF ST�tC N�LA J ©ICF.k1�4US�N o-.. NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2027 `IIf�.J 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. 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