HomeMy WebLinkAbout#09-3417 Declaration of Restrictive CovenantSCANNED
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Doc No T 4693234
Certified, filed and/or recorded on
10/6/09 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 33 Pkg ID 574855
Doc Name: Declaration
Document Recording Fee
Document Total
Existing Certs
815043
.,
$46.00
$46.00
New Certs
This cover sheet is now a permanent part of the recorded document.
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DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this J4_ day of ~~ , '?AO ?, by the undersigned parties, representing
all of therowners in fee of the la hereinafter described, lying in Hennepin County, Minnesota.
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>( V WHEREAS, M,"-=:.j. 'L!:....!--4,,,!~~::...e,,,'...J._J._!,,!;.~~er the fee owners of real property legally
described on the attached Exhibit A; and
WHEREAS, property owners have applied to
construct additions to the existing home; and
City of Orono for a Variance to
WHEREAS, the undersigned parties desire to impose upon and subject said land to
certain covenants, conditions, restrictions and reservations for the benefit of preserving
significant trees upon said land and its present and future owners;
WHEREAS, the significant trees are legally identified and described on the attached
Exhibit B; and
NOW, THEREFORE, the undersigned parties hereby declare, impose upon, create and
establish the following covenants, conditions and restrictions upon the property:
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1. PROIDBITION ON USES ..
A. Constructing, installing, or maintaining anything made by man, including
but notlimited to buildings, structures, walkways, clothes line poles, and
playground equipment within the dripline of a tree, that has the potential
to damage the significant trees.
B. Cutting or removing significant trees. Removing dead trees, trimming
trees to maintain health, removing diseased trees, and removing selected
trees approved by the City when required to allow sunlight to penetrate a
limited areas on the property, may be undertaken.
C. Excavation or filling when these activities may contribute to damage or
loss of protected trees.
2. RUN WITH THE LAND. The covenants and restrictions set forth in this
Declaration shall run with the land, shall be recorded with Hennepin County against the title to
the land, 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 land.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the
Declarants have executed this Declaration.
CITY OF ORONO
William Wells, City Administrator
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this)7,e_. day of ,Jt.-, ly ,
JoOo/ , by James M. White and by William Wells, 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.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan, 31, 2010
STA TE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this 2. 9' day of J u. L c_j
2.001, by Sfephb.. a,..,i.d Su.SaA'--/vf ose le::J , husband and wife.
BARBARA G. SILUS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2013
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
SMM
140097
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Notary Public
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EXIDBITA
Tract B, _Registered Land Survey No. 565, files of
Registrar of Titles, Hennepin County, Minnesota.
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(9:11.4)
LAKE
MINNETONKA
CRYSTAL BAY
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CERTIFICATE OF SURVEY FOR
STEPHEN P. MOSELEY
OF TRACT B, R.L.S. NO. 565
HENNEPIN COUNTY, MINNESOTA
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S C A L E IN F E E T
LEGAL DESCRIPTION OF PREMISES :
Tract 8, Registered Land Survey No. 565, files of
Registrar of Titles, Hennepin County, Minnesota.
o denotes iron marker
(908.3) : denotes existing spot e!evotion, mean sea level datum
~ : denotes proposed spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
~: denotes proposed contour line, mean sea level datum
Bearings shown ore based upon an assumed datum.
This survey shows the boundaries of the above described property, the
location of on existing house, oil visible "hardcover", trees, topography,
and the proposed location of several proposed additions thereon. It does
not purport to show any other improvements or encroachments.
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