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Home My WebLink About#02-2779 Recorded Covenant for OAS. ' • l CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE 1B24465 THIS COVENANT, made and entered into this ~X+n day . of -----+-/VlL-+-""'"/tj-+--' 20 D1---, by Jerad Hahn and Leslie Hahn (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 an accessory structure on property located at 809 Brown Road North (PID 27-118-23-34-0006) in Hennepin County, State of Minnesota, legally described as: The South 354.75 feet of the East 990 feet, except the North 150 feet of the East 323.4 feet thereof, of the Southeast Quarter of the Southwest quarter of Section 27, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, City staff have reviewed Applicant's 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 AcGessory Structure ("OAS"); and WHEREAS, Applicant is aware that according to Section I 0.03, 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 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 Applicant is 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: 1. Applicant's 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 Applicant. 2. The following conditions shall control the existence of the OAS: Page 1 of 5 Metro Legal Services Inc . Box 491 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 Applicant 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 Applicant 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 Applicant, 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 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this :) y-fh day of /Jl.-'y , 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PU BLIC · MINNESOTA My Commi ssion Ex pires Jan. 31, 2005 ~.J .~ Notary Public Page 2 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN -r The foregoing instrument was acknowledged before me on this & day of -c/.._J...-U'L, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC· MIN NE~OTA My Commission Expires Jan. 31, 20 05 Notary Public ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this 2..le_ day of 1/-uqtJS"r , 20 tJZ., Les /;e,_ ~A 11 v __________ personally appeared before me, __ who is personally known to me ___? whose identity I proved on the basis of ___.M'-=--'...,A.J=-----=D----'L=----------- __ whose identity I proved on the oath/affirmation of __________ _ ________ , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed . Notary Public Page 3 of 5 ~.:~1s : M. LESKIN EN NOTARY PUBLIC. MINNESOTA My Commissio n Expires Jan. 31, 2005 ' '' , , STATE OF MINNESOTA COUNTY OF HENNEPIN On this z_Jthday of A:: ~--\ , 200&; ~-e r-o..cl +f0-{t\_ _________ .personally appeared before me, __ who is personally known to me _L whose identity I proved on the basis of -+lrvJ ........... =N'-----'0 ...... -.... L=----------- __ whose identity I proved on the oath/affirmation of __________ _ ________ , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. RACH EL DODG E ] BLIC Ml •• r ~r\T\ NOT ARY PU -" · ,. _ My co mmi ssion Exp ires J~r,. -' l~e:.~~~~--1' ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this .diL day of llugus-r , 20 02-, L..e..sle. d /2 a / MM/s ew __________ .personally appeared before me, __ who is personally known to me v whose identity I proved on the basis of _ _._):1,1)----=~~D_L-=---------- __ whose identity I proved on the oath/affirmation of __________ _ ________ , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. L ~ _ Notary Public Page 4 of 5 c :::NISE M. LES KIN EN NOTARY PUBL IC· MINN ESOTA My Commiss ion Exp ires Jan. 31 , 200 5 '' STATE OF MINNESOTA COUNTY OF HENNEPIN <'-, ·, ,·. "'··' .,. .... V ...... , ·'f'·. On this Z /-t~ay of ~~,:;.+ , 20 °2; Sevc'-d +(o__lA_V\ :~·-0(\C.~.rned _________ personally appeared before me , ··· __ who is personally known to me _....:...V_ whose identity I proved on the basis of __ m __ N __ D_L ________ _ __ whose identity I proved on the oath/affirmation of ------'-------- ________ , a credible witness and who executed the foregoing instrument , and acknowledged that he/she/they executed the same as his/her/their free act and deed. RACHEL DODGE .. ,) . NOTARY PUBLI C· MINNE~OTA _;/ My Com miss ion Expires Jan. 31 , 20 05 Notary Public OocL~ Page 5 of 5 jj£2- 3 -~ s ' ..... ; ";•;, 11.•1 .-.,o'r 1. ~ co. ii", ~~ ~ D(?U TY J~)H REC FEE / 5 ..- COPY FEE / ~