HomeMy WebLinkAboutCovenant for oversized access. structure Martin Lueck & Mallory Mullins
3250 Fox Street
P.O. Box 576
Orono, MN 55356
952-471-7992
October 2, 2006
VIA HAND DELIVERY
City of Orono
Orono Village Hall
2750 Kelley Parkway
Crystal Bay, MN 55323
ATTN: Lyle
Re: Application to Build Garage at 325Q Fox St.
Covenant for Oversized Accessory Structure
Dear Lyle,
Enclosed is the covenant for an oversized accessory structure as you and Marty
discussed. As discussed, you will have the City Attorney review. I have signed it and
both Marty and I will sign and have our signatures notorized. If there are any questions,
please have them contact Marty at 612-349-8587.
Please issue the building permit just as soon as possible. As you know, we
submitted the application for building permit in August and we need to get the foundation
in the ground as soon as possible before the colder temperatures arrive.
As always, if you have any questions, please contact Marty (office: 612-349-
8587) or me (home: 952-471-7992, cell: 612-581-9900). Please contact me as soon as
the permit is issued and I'll stop by to pick it up and pay the applicable fees.
Thank you very much.
Sincerely,
����� Z�G���a.�
Mallory M lli s
�
`
Enc.
CITY OF ORONO CONVENANT FOR
OVERSIZED ACCESSORY STRUCTURE
THIS COVENANT, made and entered into this �day of���,,�,�;2006,
by Martin Lueck and Mallory Mullins, husband and wife, (hereinafter referred to as
"Applicants") 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 in Hennepin County, State of Minnesota, legally described as:
Lot 2, Block 1, Maxwell Bay Estates, 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 conditioned upon the execution of this Covenant and its filing in Applicant's chain
of title; and
WHEREAS, in order to identify all parties with a fee ownership interest in the
subject property, the Applicants will provide title information to evidence such fee ownership.
All parties with a fee ownership interest in this property shall sign this covenant.
NOW THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO
THE FOLLOWING:
l. 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 to be determined by the Orono City
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Council. If no principal structure is constructed 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 78-1434 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.
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 his/her/their signature(s) upon this document.
CITY OF ORONO:
�
By:
Its Mayor
gy; ��c�. :� `'--�-�-
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
�` �
,� The following instrument was ,acknowledged before me this � day of
��.�'v���-'' , 2006, by CS�-r h��,r 4. E�t'�f�Ercn and Li:,��,c� 5. �'� -� the
;r 1�l��� and C� �� �/-��K- of the city of Orono on behalf
of the municipal corporation.
:'�
,
�., ::-� - ,/,�
Notary Public
;:.�4 ,��t�a,�UELYN .YOU�IG�
V � y
� x_ �� �a�t�ra�'�`^lic-Minn���at� �S
�'i. �,�IUy 3',Zfll ti�
' k ,q�,Y",.ti11C,PAS810/t
�1 -. ��y�,y,.��Y",
4�`M�L"ir L>
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MP3 20196089.1
APPLICANTS: ,
By:
By:
ACKNOWLEDGEMENT (APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume�}t1 was acknowledged before me this /lc! day of
�c-�o b�e r , 2006 by M u�`�f v��1�+�5 and �lAr�n �•���C�L (husband
and wife/single/a Minnesota Corporation) as heir free act and deed/on behalf of the corporation.
��� JANINE M.SAVINA � -
`� ��� NOTARY PUBUC-MINNESOTA
�K��` MY COMMISSION EXPfRES 1,91-10 .
��- No ry Public
FEE OWNER(S):
By:
By:
ACKNOWLEDGEMENT (FEE OWNERS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume,�t1 was acknowledged before me this �n� day of
�'f"O�O.�; , 2006 by I�lp,ll0.'U �. I�.U.�1�nS and �,t�lr� Lo-_ I—��r{c_(husband
and wife/single/a Minnesota Corporation) as their free act and deed/on behalf f the corporation.
�•��F=� JANINE M.SAVINA _
�s�`�� ..
NOTARY PUBLIC-MINNESOtA
`��':'>r'� MY COMi+AISSION EXPIRES 1-31-10
'�=�•�'"� No ry Public
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MP3 20196089.1