HomeMy WebLinkAboutre septic holding tank-2002 DECLARATION OF COVENANTS AND RESTRICTIONS REGARDING SEPTIC
HOLDING TANK
Randy Arne�$n and Christina Arneson, husband and wife (collectively, "Declarant"),
effective on theZ2�day of November 2002, hereby declare as follows:
RECITALS
A. Declarant is the owner of that certain real property in Hennepin County,
Minnesota legally described as:
Lot 3, Block 1, McCulley Farm
(the "Property").
B. The City of Orono has permitted the Declarant to install a septic holding tank(the
"Tank") on the properiy for connection to the existing garage only.
C. In consideration for the agreement of the City of Orono to permit the installation
of the septic holding tank described in "B" above, Declarant agrees to subject the future use of
the Property to the restrictions and limitations set forth in this Declaration.
DECLARATIONS
NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth
herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which
is hereby acknowledged, Declarant does hereby declare as follows:
1. Restrictions Re�ardin� Septic Holdin�Tank. All persons and entities having
an interest in the Property, including Declarant, of any kind or nature, whether legal, equitable or
otherwise, and including without limitation all lessees, occupants, and secured parties, by their
acceptance or assertion of an interest in the Property, or by their occupancy of the Property,
covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of
and their interests in the Property shall be subject to the restrictions provided in this Declaration
of Covenants and Restrictions Regarding Septic Holding Tank.
2. Connection to Gara�e Only. The Tank shall only be connected to the garage on
the Property.
3. Code Compliance. The Tank shall be installed and connected in compliance
with the City of Orono Municipal Septic Code.
4. Use of Tank. The Tank shall be connected to and used for bathroom facilities
only in the garage. The garage shall not have any laundry or shower/tub facilities.
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5. Use of Gara�e. The garage shall not be used as a guest house or dwelling unit.
6. Pump alarms. On each occasion that the Tank alarm sounds, the Tank
must be pumped by a contractor licensed to do so, and a written report of pumping sent to the
City Administrator of the City of Orono
7. Enforcement. The City of Orono, or any resident of the City of Orono shall have
the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration
shall be by proceedings at law or in equity against any person or entity violating or attempting to
violate any covenant, restriction or provisions set forth herein, either to restrain such violation or
to recover damages. With respect to any measures or action, legal, administrative, or otherwise,
taken to enforce the provisions of this Declaration, whether or not finally determined by a court
or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of
this Declaration any and all reasonable expenses incurred in connection with such enforcement,
including without limitation reasonable attorneys' fees; except that under no circumstances shall
the Declarant be obligated to pay such expenses.
8. Governing Law. This Declaration shall be governed and construed under the
laws of the State of Minnesota.
� ������
Randy eson
' " /�.� �<_ - �� r�.,�--,
Christina Arneson
DECLARANT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this��day of November,
2002, Randy Arneson and Christina Arneson, husband and w�ife.
�
�
Notary Public
DENISE M.LESKINEN
THIS INSTRUMENT IS DRAFTED BY: Nm�r�-�NNEsorA
HINSHAW& CULBERTSON (RAW) �M�O�P��an.31,2oos
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 333-3434
2
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