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HomeMy WebLinkAbout#04-3011 Covenant for Oversided Accessory StructureCITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE 4H1Si3Z8 THIS COVENANT, made and entered into this I O day of =----='==-1s'----'-==----{Y')_be,_...:._\_, 20 Ql/, by Tb-fl , e \\a, sve. It. Q{)c( Jl:\O,C~ I). She.\e.. (single@usban a Minnesota corporation), (hereinafter referred to as "Applicants") and the 1ty of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for an accessory structure on property in Hennepin County, State of Minnesota, legally described as: Lot 2, Block 1, Popov Addition, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, City staff have reviewed Applicants' application and have found that the structure requested is defined within Section 78-1434 of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 78-1434, specific conditions exist for an allowable OAS; and WHEREAS, Section 78-1434 allows issuance of a permit for construction of the subject OAS 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. Metro Lcg 8I ('ervices \n c. Page 1 of 4 Bo x 49 1 NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 2. The following conditions shall control the existence of the OAS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. B) Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. C) Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 78-1434(2) of the Orono Municipal Code. Setback requirements as defined in Section-1434 shall also apply. 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 his/her/their signature(s) upon this document. '' ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was a~knowledged before me this / J....µ._ day of --~-'----,~_-/<M_?<_v _____ , 20D'i 'by /jar 6 art)... A . r t-f -e rs b J'\ and -~l:~: ,.,~'~' '~L---"S~--1..f~e_-e__ ________ , the (VI t,t yo r and -~C_,._½f_,_~C~/ e_r_lC. _____ of the City of Orono on behalf of the municipal corporation. :~ : Iii a aaaaa s s: :'..·1. ·)···. JACKIE YO~ -} NOTARY PUBLIC· Mi t-:: · . _ ' My Commission Expires Jen . 3 i. ac:u111111ae2::aac · "5t:.n31J 2005 Page 3 of 4 I. APPLICANT(~): ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 4 -r'--The foregoing instrument was acknowledged before me this 2 day of Au0,u sT , 20 o Y, by D a..n 1e..\le.. S-+e.e..l~ and ______________ (husband an~/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. DENISE M. LES KI NEN NOTARY PU BLIC -MINN ESOTA 1 My Commission Expires Jan : 31 , 20 05 ~- Notary Public FEE OWNER(S): ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,,__, Ali The foregoing instrument was acknowledged before me this d!l.:_· 'day of IJuou sr , 20_0f__, by V a..nie l k. o+..eeJe,.... and ______________ (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. DENI SE M. LESKIN EN NOTARY PUBL IC · MINN ESOTA My Co mmi ss ion Ex pi res Jan. 31, 20 05 1 Notary Public Page 4 of 4 ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this / O day of S-O,p-\-~lo..q..c 20 Q::j_, by Th o..d D , S +-ee/ ~ and ______________ (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporatioL ~ o::NISE M. LESKINEJ Notary Public NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2005 ACKNOWLEDGEMENT (FEE OWNERS) STATEOFMINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foreP~g instrument was acknowledged before me this /() day of 5!lj2f e~ ~ ' 20 O'C{ ' by 7/)cd o, s+ ee, {<, and ______________ (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalfof the corpor:~ 0 M.LESl(IN[;; ~---- NOTARY PUBLIC. MINNESOTA Notary Public My Commission Expires Jan. 31, Page 5 of 4 4fr19328 \