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Home My WebLink Aboutcovenent for oversize access. structure y } Doc No 8687603 11/02/2005 04:06 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 156965 Deputy 55 Fees $35.50 DOC $10.50 SUR $2.00 COPY $48.00 Total w �. CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this � 2 day of �c.�o �i�i` , 20vj , by William H. McCrackin and Ann M. McCrackin (husband and wife), (hereinafter referred to as "Applicants") are the Fee Owners of the property located at 4355 Chippewa Lane, 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 addressed 4355 Chippewa Lane in Hennepin County, State of Minnesota, legally described as: That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 31, Township 118 North, Range 23 West of the 5`h Principal Meridian which lies West of the east quarter thereof and East of the West 421.7 feet thereof and north of the railroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPT the North 217.00 feet of the West 314.5 feet of the East 324.5 feet thereof, 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 78-1434 of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 78-1434, specific conditions exist for an allowable OAS; and WHEREAS, Section 78-1434 allows issuance of a permit for construction of the subject OAS condiiioned upon the execution of this Covenant and its filing in Applicants' 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 3 , ,, NO�', THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE �OLLOWING: f 1. 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. B) Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period te 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 78-1434(2) of the Orono Municipal Code. Setback requirements as defined in Section-1434 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. �� ,Aj'4 d� CITY OF ORONO: <�� '":�* £�F y ---C.,.. � �:. �a��'? ,�, fr' �,v. �� 1* •.'r� '<�'' .: r�� B - .. �, rk c y r :F �M'�` Y� �� `� -�- � . Its Mayor �� +�� '�`�� q� �;'x� ��. x' ��#�i -a�-� 5 � � �� Y � �J ;� L. c7f � � �.1 / / ? �> �' �� y a �d M�L �� By. �/ _ ` � � r s A�,� �,ifi��d} ��p �** Its City Clerk ' �t_t` � 4•t� y"�� , � rr t :.�. ACKNOWLEDGEII�IENT '� R" ' , i� .a a��; '� '>'nF�•., « :�, STATE OF MINNESOTA � `'i' � :°' COUNTY OF HENNEPIN ~`� ,�� The foregoing instrument was acknowledged before me on this��' day of��, 2005 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 ' - � � ,�' � U�Q � �; NO�s�I�YPUBLIC-MINNESOTA Notar Public ` �„ ; My Com�'�im Eatpes Jan.31.2010 �' Page 2 of 3 APPLI� fT,( ): By: ,�'�� / � By: �/It�r7 /'/� ��('��c.s�� ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ��day of � 7 � , 2005 by William H. McCrackin, husband of Ann M. McCrackin. � _ LINDA S. VEE � �'�'� NOTA,qy p�gLIC-MINNESOTA Notary Public � '"�' MY Commission Expires Jan.31,2p10 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /��day of � �� , 2005 by Ann M. McCrackin, wife of William H McCrackin. �- _ � �—P-� 1�otaryrPPublic LINDA S. VEE ��" NOTARY PUBLIC-MINNESOTA :�,,;�� My Commission Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN h The foregoing instrument was.'acknowledged before me this .,�7�` day of ��.�.�r b.Pr� , 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. ��ti � V� Notary Public LINDA S. VEE `�� NOTARY PUE3UC-MINNESOTA '�-��-° My Commission Expires Jan.31,2010 Page 3 of 3