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Home My WebLink Aboutproposed declaration of restrictive covenants s -� DOBSEY BC WHITNEY A P��rx�uei�Iwo�w�wo P�ors�now�t Go�ew�noa■ oso r�ag evsNua �00 FIEST BANH PLAGE EAST ��nasr evaxva,s.w.,suiia oao xaw toa=,xaw Yo�toona =oaHss�raII,n�seot�ssoo� t �ylwas-osoo MINNEAPOLIS, MINNESOTA SS402-1498 mo»Qee-o�x, �sso coxxacriou7 evaxva,x.w. (618) 340-2600 - w�satxorol�,n.c.Qoose TELE]C 29-0803 IQOO !I@ST INTEFST�TE GENTEE �Qoc�es�-osoo su.��oa,no�uxs saroa rex(eipJ 3ao-¢aea • s oII�cacevace sraaar �4°°�Q6a-°8°° i.oanox aaav o�i,a�oL�xn - aa-��-�so-a�a.a _ ¢o�nev�nsox ev�LDn�o Oe,YUI 7YOFCH67 JOHN J.TAYI.OR oaasr rs�.s,Yoar�� swoi �soo9 r�ais.rae�taa (812)S4aZ806 tsoe>�-x3Q x�-i-aQ-ae-ao-+o _ I6,HUE D6 THRVES D-1040 BYDBBELB,HELOIDY ,JY7.EASl'lEONT S7YEET �-e-a3e-�e-u ',�� CRYOF Ylssomr.l[oirr�� soeoa AllgllSt 27� 1�1 ORONO aoe)�Q�-eoQs �� Thomas j. Barrett, Esq. �A�G � 9 1991 Popham Haik Schnobrich Kaufman Ltd. 3300 Piper Jaffray Tower 222 South 9th Street Minneapolis, MN 55402 Re: Proposed Declaration of Restrictive Covenants respecting property of kefield Orono Partnership ' A part o Lot 1, Block 1, MacNIILLAN ADDITTON Dear Tom: l (o a o �� S 7`_",c-Q-� . Enclosed please find a first draft of a proposed form of Declaration of Restrictive Covenants to cover the demolition site of the burned down dwelling home on Lot 1, Block 1, MacMILLAN ADDTITON. This draft is being prepared pursuant to Planning Commission and Council action in response to the request of The Wakefield Orono Partnership for a variance under Section 10.3, subd. 19 of the City of Orono Zoning Ordinance respecting clean fill. I have not received a copy of the Council Action in this matter, but it is my understanding that the Variance was approved subject to the City and The Wakefield Orono Partnership working out a suitable form of Declaration of Restrictive Covenants. If you would review the draft and give me the benefit of your comments, I would appreciate it. Please bear in mind the following: 1. I am sending this proposal at the same time to Whitney MacMillan, a General Partner of The Wakefield Orono Partnership for his comments, and therefore the form would be subject to those comments, as well as yours. � . DOBSEY 8C WHITNEY Thomas j. Barrett, Esq. � August 27, 1991 Page 2 F 2. I have been trying to arrange with our surveyor to get an actual legal description of the Subject Site, which is only a part of Lot 1, Block 1, MacMILLAN ADDITION. I am still attempting to reach the surveyor and arrange for a suitable form of Exhibit A, which I will be sending to you as soon as I receive it. If you should have questions, please do not hesitate to call. Very truly yours, j. Taylor JJT/ms Enclosure c� Mr. Whitney MacMillan ' Ms. Jeanne Mabusth DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION, Made this day of , 1991, by THE WAKEFIELD ORONO PARTNERSHIP, a Minnesota partnership (hereinafter referred to as "Declarant"); WITNESSETH THAT: WHEREAS, Declarant is the fee owner of the real property situated in the City of Orono, County of Hennepin, State of Minnesota, legally described as Lot 1, Block 1, MacMILLAN ADDITION, according to the recorded plat thereof (which real property is hereinafter referred to as the "Subject Premises"); and WHEREAS, a dwelling house which was located on that portion of the Subject Premises described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Subject Site") was burned down by the Long Lake Volunteer Fire Department in the course of a controlled burning and training exercise, subsequent to which Declarant's contractor: destroyed the dwelling house's brick chimneys; cracked and deposited the cement walls of the basement on the basement floor; deposited roadway and parking slabs, including some asphalt surfacing, into the basement cavity; pulverized said deposits and basement wall so as to make a uniform fill in the basement cavity; and bulldozed the sides of the basement cavity and deposited black dirt over the fill to make a uniform surface; and WHEREAS, Section 10.3, subd. 19 of the City of Orono Zoning Ordinance requires that a Conditional Use Permit be obtained in connection with the filling of any land within the limits of the City of Orono, and provides that such activity may be performed only with "clean fill," as defined in said ordinance; and WHEREAS, certain portions of the buried foundation and other materials deposited in the basement cavity located under the Subject Site may not qualify as "dean fill," as defined by Section 10.3, subd. 19 of the City of Orono Zoning Ordinance; and WHEREAS, Declarant has requested, and City of Orono has agreed, to waive all of the requirements of Section 10.03, subd. 19, as may be amended or modified from time to time, and any ordinance which succeeds thereto, subject to the terms and conditions of this Declaration. NOW, THEREFORE, in consideration of the City of Orono's waiver of all of the requirements of Section 10.03, subd. 19, as may be amended or modified from time to time, and any ordinance which succeeds thereto, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Declarant, Declarant hereby imposes upon the Subject Premises the following restrictive covenants for the express benefit of the City of Orono, a municipal corporation, its successors and assigns, and further Declarant agrees that if Declarant shall convey the Subject Premises or any part thereof, the conveyance shall be made subject to the following restrictive covenants: 1. Prior to the excavation of the Subject Site, or any portion thereof, the then present owner of the Subject Premises shall notify the City of Orono's Building and Zoning Administrator, and shall submit excavation plans to said City official. Said City shall have the right to monitor said excavation. If, during the course of any such monitoring, said City official or other said City employee responsible for such activities determines that any fill under the Subject Site that has been exposed in connection with said excavation is not in compliance with said City's then existing ordinances relating to demolition and/or requirements regarding the types of fill that may be used, said City may require that any fill and/or basement foundation under the Subject Site that is not in compliance with the then existing ordinances be removed from the Subject Premises and disposed of in a lawful manner. 2. Except as set forth in Section 3 of this Declaration, Declarant hereby agrees and affirms that this Declaration shall not be revoked or altered in any way without the express written consent of the City of Orono, as authorized by resolution of the City Council of said City. 3. Declarant hereby reserves the right for itself, or its successors or assigns, in the event of the occurrence of any one or more of the following described "terminating events," to notify the City of Orono in writing, of the nature of such terminating event, and in said notice to request the City of Orono to execute and deliver an agreement terminating and rendering null and void this Declaration. Upon receipt of such notice the City of Orono will promptly investigate the occurrence of such terminating event, and if the same has occurred as set forth in said notice, then the City of Orono will promptly execute and deliver to Declarant a written release and termination of this Declaration in form suitable for recording in the office of the County Recorder, or Registrar of Titles office, as may then be applicable, in Hennepin County, Minnesota. If the requirements relating to the types of fill that may be used set forth in Section 10.03, subd. 19, of the City of Orono Zoning Ordinance as the same may be amended or modified from time to time, and any ordinance which succeeds thereto, are: (i) Repealed by the City of Orono and not replaced by a provision prohibiting the type of fill described in the second "WHEREAS" clause on page 1 of this Declaration within three (3) months of such repeal; or (ii) Declared invalid by a Final Decree of a Court of competent jurisdiction and not replaced by a valid ordinance prohibiting the type of fill described in the second "WHEREAS" clause on page 1 of this 2 Declaration within three (3) months of the date of the expiration of all appeals or all appeal rights respecting such Final Decree; or (iii) Amended or modified so as to permit the depositing of the type of fill described in the second "WHEREAS" clause on page 1 of this Declaration; then any one or more of such occurrences are hereby declared to be "terminating events" under the provisions of this Section 3. 4. The restrictions set forth in this Declaration shall run with the land and shall be binding upon Dedarant, it successors and assigns, and all persons claiming under it and shall benefit the City of Orono, unless an instrument executed by the Declarant, its successors and assigns, and the City of Orono, its successors and assigns, has been recorded terminating or altering the restrictive covenants herein set forth in whole or in part. 5. Enforcement shall be by proceedings at law or equity against any person or persons violating or attempting to violate the restrictive covenants herein set forth, either to restrain the violation hereof or to recover damages. Upon any enforcement proceedings described herein in which a court of competent jurisdiction determines that Declarant, its successors or assigns, have attempted to violate or have violated the provisions of these restrictive covenants, Declarant, its successors or assigns, shall pay all of the court costs of said proceedings, together with all reasonable attorneys' fees incurred by the City of Orono in enforcing said covenant. IN WTINESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. THE WAKEFIELD ORONO PARTNERSHIP By Whitney MacMillan, a General Partner 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1991 by Whitney MacMillan, a General Partner of THE WAKEFIELD ORONO PARTNERSHIP, a Minnesota general partnership, on behalf of said partnership. Notary Public This instrument was drafted by: DORSEY & WHITNEY (TAP) 2200 First Bank Place East Minneapolis, MN 55402 4