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Home My WebLink AboutCovenant/wastewater plmb in access bldg * CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this 22nd day of April , 2002, by David and Kathryn Biek (husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the ��Ci�,��. 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: Lot 5, Block. l, Painters Woods, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; 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) 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), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9(F) 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. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, two sinks and one shower on the Subject Property if approved conditioned upon the execution of this Covenant by the City and the Page 1 of 5 � � 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. 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 Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. CITY OF ORONO: _ __� By: -�t'-�-� Its Mayor By; �,�, � ��e.e,, Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and saic� instrument was executed on behalf of the City. � � , �/ � r �Ot� U 1C � ,� / ' _ STATE OF MINNESOTA � JACKIE YOUNG �s / NOTARY PUBUC-MiNNESOTA .;,�:. hty Commission Expims Jan.31,2005 � Page 2 of 5 , COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �(�`� day of April, 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. ,{:t. RACH�L DODGE (,�c� � F-�� `�o c�'� "; ��'-- NOTARYPUBLIC-MINNE^OTA Notary Public �'::«-�: � My Commission Expues Jan.31,2005 W�. APPLICANT(S): By: �� By;_ ,�-��;�,..��,.�,�-- ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��+day of = r-� I , 20�_L, �1��_,; c1 �; F k , l,Ltiar r-i e�� personally appeared before me, who is personally known to me � whose identity I proved on the basis of �1'1 N ��i— 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. - . � - =�'�` ` ��--� c ��'�-�. l� . RF�CH�L QODC= '��" �` NOTARY PUEUC-ht�NNc�OTA Notary Public . ��:'` My Commission ExDires Jan.31.2005 STATE OF MINNESOTA COUNTY OF HENNEPIN On thisZSth day of R� L , 20 o Z, Kc�-f�/� �2�C N � i� K, vh Q �� personally appeared before me, w�ho is personally known to me ,/ whose identity I proved on the basis of /'7 /� .� �-- Page 3 of 5 � 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. vY�,;:'J JC;,NSON C��l� �� : MA� _ �,107ARypUgUC-MINNESOTA Notary Pu 'c '. ��yp�Fxpires Jan.31�2005 FEE OWNER(S): By: �� . L,c�. By: �L. , `_ �� ACKNOWLEDGEMENT (FEE OWNERS) STATE OF NIINNESOTA COUNTY OF HENNEPIN On this 2� �day of f�r�r r� � , 20vZ� �_v�c1 � i E� �� /Y��✓r�i�c� personally appeared before me, who is personally known to me _� whose identity I proved on the basis of i'Y'7 /�i 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. c.f� f�--�' �J�� y:,,;:`=�;k RACHEL DODG� Notary Public -_+� ��; NOTARY PU6UC-MINNE�OTA � My Commission Expires Jan.31,2005 STATE OF MINNESOTA COUNTY OF HEN�IEPIN On this ZS�hday of I [.._ , 20 o z, 1��t� f2 �!N a! e � m q�2�j � personally appeared before me, � . Page 4 of 5 who is personally known to me ��whose identity I proved on the basis of ��✓ � 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 Pub ' �' MARY ANN JOHNSON '�;=�"�� NOTARY PUBUC-MINNE SOTA ��. AA�CaM�eion Exphes Jan.31,2005 Page 5 of 5