HomeMy WebLinkAbout#1967 Covenant for Oversized Accessory StructureCITY OF ORONO COVENANT FOR
OVERSIZED ACCESSORY STRUCTURE
THIS COVENANT, made and entered into this ___ day of
) 19 __, by Irvin T. Geffre and Marjorie L. Geffre, 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 a subdivision
which will enclose within their property an accessory structure on property in Hennepin
County, State of Minnesota, legally described as:
Outlot A, Lot 1, Block 2 and the North 123.00 feet of the west
148.50 feet of Outlot C. All in Bayview Farms 2nd 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 10.03, Subdivision 9 (C) of the Orono
Municipal Code as an Oversized Accessory Structure ("OAS"); and
WHEREAS, Applicants are aware that according to Section 10.03, Subdivision
9 (C)(3)(c), specific conditions exist for an allowable OAS; and
WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit
for construction and continued use and maintenance 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.
NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE
FOLLOWING:
I. 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:
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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 10 .03, Subdivision 9 (C)(2) of the Orono
Municipal Code. Setback requirements as defined in Section 10.03, Subdivision
9 (C)(a) 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 acknowledged before me this cX d n J day of
· A-pc: I . , 19~ by Fdwor-d .I. Ca //e:,b~h :Tr . and
-llorc±I, i H. flcf/,n , the ldayor and
C.t erk 'T of the City of Orono on behalf of the municipal corporation.
CAROLE A. HASEMAN
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan . 31, 2noo
__f3u d,) C 1iddd22-d/4 J
Notary Public
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.,
ACKNOWLEDGEMENT (FEE OWNERS)
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this c£&+1, day of
.--:Tci_ n u o. ,..'I , 19 9 (a , by Irvin T. Geffre and Marjorie L. Geffre, husband
and wife, as their free act and deed .
Notary Public ..?
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