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HomeMy WebLinkAboutFor oversized accessory structure-2002 f.e •� .1% �. c-� %� L= `J v r� �-� ���_ . CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE � �= THIS COVENANT, made and entered into this ��k f �� day of � (r•�;� jz,- Z , 20 G"L, by Randy Arneson and Christina Arneson (husband and wife), (hereinafter referred to as "Applicants")and the City of Orono,a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: `VHEREAS,Applicants have made application to the City for an accessory structure on property located at 625 Deborah Drive (PID 31-118-23-23-0003) in Hennepin County, State of Niinnesota, legally described as: Lot 3, Block 1, McCulley Farm, 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 a� an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicant is 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)allo�vs issuance of a permit for const,-uction of the subject OAS conditioned upon the execution of this Covenant and its filing in _�pplicant'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. NO`V, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLO`VING: 1. Applicant's request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the eYecution of this Covenant by the City and the Applicant. 2. The follo�ving 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. Page 1 of 5 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. CITY F ORONO: ,r �' By: ��� - - -_ Its Mayor gy:-�2��"�y.� ,,� �/�_ Its City Clerk ACKNOWLEDGEZIENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument�vas acknowledged before me on this ,���day of cx�- ,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. � I�tlSTI B.ANDERSON r�rn�r�-�,+n��sorn n �'C°"""i��+esJan.3t,2o�p7 '`'�c ��-��.._�.�--�-,.� Notary Public STATE OF MINNESOTA COUNTY OF HENi�1EPIN / �c°�j` '�" The foregoin�instnunent was acknowledged before me on this ,�x��d�day of �' � ,2002 Page 2 of 5 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. _ � �G�� l�..c� ��� � " - �p,CHEL DODGE � NO��Y P�B�.►�A1NNE3�T�5 Notary Public � / 6Ay Gomrtius� E��'la�. � _�.. APP ICANT(S): gy; q_ �Imr�a,� By: ('�r,��-,��_ �,! �ir�.�.�;.�--, J ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN r On this , / day of �'j�Z,� i' , 200Z, personally appeared before me, ��r,aQ� � , ,q��d,-� who is personally known to me �/whose identity I proved on the basis of N►ti /� 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 J� DENISE M.LESKINEN NpTARY PUBUC•MINNES07A '�;;,�,. ►yty Commission Expirzs J�n.31,2005 Page 3 of 5 , STATE OF MINNESOTA COUNTY OF HENNEPIN On this �[S�� day of �C���� , 2p �z personally appeared before me, ��,�5 f;n� �j fJin.e Sd� who is personally known to me �/whose identity I proved on the basis of A� ��- whose identity I proved on the oath/a�rmation of , a credible witness and�vho executed the foregoing instrument,and acknowledaed that he/she/they executed the same as his/her/their free act and deed. ,- , , Notary Public � -� C�NIS�M.LESKINE�I NOTARY PUBLIC•M!N�ESOTA FEE OWNER(S)' ':�� �'h�a����cn Exrires Jun.31,2C05 By: a_ a��� By: - _ «�:�.�- �� �.��a,�� ACKNOWI,EDGEMENT (FEE OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��` day of �� Ti�h-� � 20 c Z � personal.y appeared before me, ,����C y ,� . �Jr�e Scr�-- � � who is personally known to me :i whose identity I proved on the basis of /�U �� �- whose identity I proved on the oath/affirmation of , a credible �vitness and�vho executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. � _ , , - e� , 6� Notary Public STATE OF MINNESOTA _:�`�� �=,L1S� M. LESKINEN �'r��" NOTARY PU6UC-MINNESOTA `'`� hr�Commissicn Expirs Jan.31,2C05 Page 4 of 5 COUNTY OF HENNEPIN r On this �5 day of (�('TO �,3-�l'- , 20 d2, personally appeared before me, �h�,'�t,�� f-/, ���s� ,� ''who is personally known to me �hose identity I proved on the basis of M� �� 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. � , r � � Notary Public �� C�NIS� M. LESKINcN �:= '' Ir'OTARY PUBUC-MINNESOTA � :,�,r.•`'r My Commissicn Expires Jan.31,2C05 Page 5 of 5