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CITY OF ORONO COVENANT FOR
LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING
THIS COVENANT, made and entered into this �� �� day of
�ecer�ber , 2001 , by John M. Bailey and Patricia S. Bailey (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 the installation
of limited wastewater plumbing in an accessory building on property in Hennepin County, State
of Minnesota, legally described as:
Lots 123 and 124, Spring Park, Hennepin County, Minnesota, except that part thereof platted
as Casco Point Road (hereinafter referred to as "Subject Property"); and
WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall
include all interior wastewater piping and fixtures except for toilets, bathtubs and showers; and
WHEREAS, City staff have reviewed Applicants' application and have found that
the building proposed for the installation of limited wastewater plumbing has met the standards
established within Section 10.03, Subdivision 9 (F j of the Orono Municipal Code to allow
installation of limited wastewater plumbing; and
WHEREAS, Applicants are aware that according to Section 10.03, Subdivision
9 (F)(3)(B), specific conditions exist under which limited wastewater plumbing may be allowed
within an accessory building; and
WHEREAS, Section 10.03, Subdivision 9 (F)(3)(B) allows issuance of a permit
for installation of limited wastewater plumbing in an accessory building 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.
Page 1 of 4
� .
NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE
FOLLOWING:
l. Applicants' request for installation of limited wastewater plumbing within the accessory
building to include one sink 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 installation and use of the limited wastewater
plumbing:
A) The accessory building shall not be used for a home occupation unless
specifically approved by the City or if allowed by City code.
B) The accessory building will not be used as a dwelling unless a Guest House
conditional use permit is obtained from the City.
C) The accessory building will not be rented, leased or otherwise provided for use
as a dwelling under any circumstances.
3. No toilet, bathtub or shower shall be installed within the accessory building unless the
property owner obtains a Guest House Conditional Use Permit or a Plumbing In
Accessory Building Conditional Use Permit from the City, and installation of one or
more of said fixtures without the required Conditional Use Permit shall constitute a
violation of this covenant.
4. The applicants acknowledge that if a future subdivision of the property leaves the
accessory building on a lot less than 1/2 acre in area, the City may require that the
plumbing in the accessory building be removed.
5. 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.
6. 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 their signatures upon this document.
Page 2 of 4
� .
CITY OF ORONO• ,
By: ,
Its Mayor
By: � . (/�Ql'v
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this �7y`' day of
�c�mh�=�` , 200 � by Barbara A. Peterson, Mayor of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
, RACN�L DODr� l_���__��(' 1J' vc}c'�_
{�` ��; NOTAP,Y FU6LIC-ti5�, ,""'�Tq
;,>� MyCcmmi;sionExpiresJa��.„;,'n,05 Notary Public
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this / ��`' day of
��e e����' , 200 � 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
, ��;,�� n �y�
. <``- -' NOTARYPUBLIC-MINNE.^OTA �—��� �'/�����—
E`"�� My Commission Expires Jan.31,2Q05 �
- Notary Public
FEE OWNER(S): ,
By: �� . lJ
�... , - ._ .
By: % 'c,
Page 3 of 4
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ACKNOWLEDGEMENT (FEE OWNERS)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this � day of �Pc P �,,�'i� , 20 c l, �«�'�r-� .S. f3 n i je�
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation ,
a credible wimess �
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
,�.��-,,.,.�,.,.ry��;'-'";.:�ON �j Ct.�u. C�
� NG�:�, ' -� 3L:. .�. . ..�aOTA '
' '� � ����� Not ry P lic �/��
�,..,.�'' Nh'Cemmti�ion_. ..,�an.31,2005
STATE OF MINNESOTA
COUNTY OF HENNEPIN
��
On this � day of ��Q��,��r' , 20 oJ , `��i�? ,ti' �������
personally appeared before me,
who is personally known to me
� whose identity I proved on the basis of /�7i1! 1�- L-
whose identity I proved on the oath/affirmation ,
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.
:�;viSc M.LESKINEN Notary Public
NOTARY PUBUC-1�9NNESOTA
.,�,, ►�M Conm�ssion ExPias Jan.31.2005
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