HomeMy WebLinkAboutCovenant for oversize accessory structure CITY OF ORONO COVENANT FOR
OVERSIZED ACCESSORY STRUCTURE
THIS COVENANT, made and entered into this G�� day of
/n�t,y , 19 by Alexander Johnston and Catherine Johnston, property
owners, (hus and and wife), ( ereinafter refened 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 in Hennepin County, State of Minnesota, legally described as:
Exhibit A attached, 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 relocation 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 PART'IES TO TffiS COVENANT AGREE TO THE
FOLLOWING:
l. 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.
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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.
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CITY OF ORONO:
�
By:` � t�_
Its Mayor,
�" ��'
By: G��'_ .�°, ,�- - !' �
Its City Clerk
ACKNOWLEDGEMENT
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 24th day of May,
1999, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk of the City of Orono
on behalf of the municipal corporation.
n„
/ � �� �-
`Nf�i �c�c G��- �—
� '��� MARYANNJOHNSON Notary Pu ic
' NOTARY PUBLIC-MINNESOTA
e-.` :_ '
� '.,�„�.°� My Commission Expires Jan.31,2000 �
,''"'"'"'"'� . � :.�._� - _
APPLIC (S):
� By:
By:
ACKNOWLEDGEMENT (APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /3 -rJ� day of
.J�) y� , 19 �I , by Alexander Johnston and Catherine Johnston
(husband and wife) as their free act and deed.
�- Y._ ,
�
"'" ��'` ..� .�-�-,--,.. y'��'��,��' /C,.��2; ,' �-�rs=�.
.• `,y ,�
MARY ANN JOHNSON Notary Public �
;:`�'� NOTARY PUBLIC-MINNESOTA
,��. My Commission Expira Jan.31.2000
d
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. . '.
EXHIBIT A
'(ho{ port of the tyo�thwest,Qu°�'tcr of the Northeast Quarter of Section 10, Towrtship 117. Rrnge 23, described as beginning at the point of '
intersectioci of the West 6ne of eaid.Northwast Warter oi the Northaast Quartar with the So�th �ina of tM North 718.5 feet of said Northwest
"Qi�arter o( the No�theast Qua�t°r thenCe Sartheriy dong sbid West Hne to a point thereori dstant 1128.6 feat Southerly from the Northwest
co'rrier ot_saTd Northwest Qu°�te� of the Northeast Quarter;.ttience defiecting to tha 3eft 97 degrees 30 mtiwtes a dlst�ce of 658,08 feet; .
�hence deflectui'g to the right 34 d�grees 33 mtnutes to t}ie Northwestcrly nght—of—way f�e of.the E:vi,n9ton Nbrthern, inc: rolway; thenca
�{o�t}�easte�ly dong add tfght—of—way Ane to the Eest }kse.of eaid Northwest Quarter ef the Northeast Quarter. thence Northerly along said
Enst iine to ttie �h Gtte of.the North 718.5 feat�of said Northweat Quarter of .the Northeast Quarte�: thenca Wnsterly c�ong eaid South Gne
. to the polnt of beg'�rntng..accordu?y to the Goverrxrient Survey thereof.
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