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HomeMy WebLinkAbout1385 Fox Street - Conditional Use Permit File (113)DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this T day of �� 2025, by THE PILLSBURY FAMILY REVOCABLE TRUST, DATED DUNE 169 2018 ("Declarant"), WHEREAS, Declarant is the fee owner of real property located at 1385 Fox Street, Orono, Minnesota [PIN 02-117-23-34-0016], legally described on the attached Exhibit "A" ("Subject Property"); and WHEREAS, Declarant has applied to the City of Orono for Permit No. RAS25-000079 ("Permit") which will allow the Subject Property to be utilized as an Accessory Dwelling Unit ("ADU") to Declarant's 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 6.12.7030, the Declarant agrees 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. Declarant 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 electric utility services. If not served by municipal sewer and water, the primary 283000v1 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 Declarant 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 Declarant and the City have executed this Declaration. [Remainder of page intentionally lei blank. Signature pages follotiv.J f��:$I1Z1I1I�1 CITY OF ORONO: By: By; STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Bob Tunheim, Mayor Adam T. Edwards, City Administrator The foregoing instrument was acknowledged before me this 20?by Bob Tunheim and by Adam T. Edwards, respectively th ra of the City of Orono, a Minnesota municipal corporaty n, b pursuant to the authority granted by its City Council. / <<��rf CHRISTINE S. LUSIAN ` e'=; ''� Notary Public State of Minnesota ^y My Commission Expires `• .: January31, 2027 Notary P>�blic yo 1 day of VU1 l r and City Administrator f of the corporation and 283000v1 DECLARANTS: THE PILLSBURY FAMILY REVOCABLE TRUST DATED JUNE 169 2018 Pillsbury, Trustee STATE OF (A (Q fOLL U ) )ss. COUNTY OF ��) The foregoing instrument was acknowledged before me this day of 2 ✓ , 20 2S , by Cynthia Pillsbury, as Trustee of The Pillsbury Family Revocable Trust dated June 16, 2018. STATE OF COLORADO NOTARY D 20214003277 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/ais 283000v1 C IC Legal Description: Lot 2, Block 1, Blue Hill, Hennepin County, Minnesota. (PIN 02-117-23-34-0016 / 1385 Fox Street / Torrens) 283000v1 . re %W IN�"I am U012 M am a l"MM" fi 3'lY3AV NOTitlH Of i w Q CO �r,xvOi W W WxRz w Xz wZ�o W �QNz w F... R: aH'lz WK�oW u x z 0 a Q' Y 3{N3Atl 113NMVA 11101110 M' 283000v1