HomeMy WebLinkAboutDeclaration of Restrictive Covenants �
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Doc No T05093360
Certified, filed and/or recorded on
Jul 5, 2013 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 21 Pkg ID 997463M
Doc Name: Declaration
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
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This cover sheet is now a permanent part of the recorded document.
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(reserved for recordingJ
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this 2� day of J�. , 2013 by the undersigned parties, representing all
of the owners in fee of the land hereinafter described, lying in Hennepin County, Minnesota.
WHEREAS, Kent Holmes Hodder and Judith Brown Hodder, husband and wife, are the
fee owners of real property located at 2640 North Shore Drive, legally described as:
The following property in COLDWELL ADDITION,Hennepin Counry,
Minnesota:
Outlot A
and
Lot 2,Block 1
and
That part of Lot 3, Block 1, which lies Northwesterly and Westerly of.
the following clescribe�i line: Beginning at a point on the North line of
said Lot 3, a distance of 156.10 feet Easterly from the Northwest corner
of said Lot 3; thence Southwesterly to an angle point on the Westerly
line of said Lot 3 a distance of 302.76 feet southerly from said
Northwest corner, as measured along said Westerly line; thence
Southerly along said Westerly line a distance of 162.64 feet to an angle
point in said Westerly line; thence Southerly to the point of curvature
on the Southwesterly line of said Lot 3 and said[ine there terminating.
WHEREAS,property owners have applied to the City of Orono ("City") for Building
Permit No. 2012-01255 to construct an oversized detached accessory structure with the
installation of plumbing for private sewer and a private well (the "Structure"); and
WHEREAS, Building Permit No. 2012-01255 includes the installation of an oversized
accessory structure approximately 48 feet by 33 feet, which include a loft of approximately 800
square feet(total area 2,400 square feet) and plumbing for private sewer and a private well; and
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WHEREAS, the undersigned parties desire to impose upon and subject said land to
certain covenants, conditions, restrictions and reservations for the benefit of said land and its
present and future owners;
NOW, THEREFORE, the undersigned parties hereby declare, impose upon, create and
establish the following covenants, conditions and restrictions upon the property:
1. PROHIBITION ON USES.
A. The Structure shall not be rented, leased or otherwise provided for use as a
dwelling or guest house under any circumstances.
B. The Structure shall not be used for a home occupation unless specifically
app:oved by the City or if allowed by this Code.
C. No future subdivision will be approved that places the Structure within a lot
that has no principal structure, except that the City in its subdivision approval
may grant a finite time period in which the oversized accessory structure may
remain without a principal structure, in order that a principal structure may be
constructed. At the end of this time period, the oversized accessory structure
must be removed if no principal structure has been constructed.
D. If the property is subdivided, the accessory structure and principal structure
will be located together within a lot that meets the minimum lot area
requirement for the given size of accessory building.
2. RUN WITH THE LAND. The covenants and restrictions set forth in this
Declaration shall run with the land, shall be recorded with Hennepin County against the title to
the land, and shall be binding upon and inure to the benefit of the City and the Declarants named
herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter
who shall become the owner of the land.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the parties
have executed this Declaration.
CITY OF ORONO
By: �G..� �rlJ� �l.�l (,�,:
Lili Tod McMillan, Mayor
By. l��C���-e� ,�o�=�—_
Rachel Dodge, City Clerk
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DECLARA�]W'TS
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� nt Ho es Hodde ,Fee er
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Judith Brown Hodder, Fee Owner
STATE OF MINNESOTA )
)ss.
COLiNTY OF HENNEPli�1 )
The faregoing instrument was acknowledged before me this�day of� (�,,(��p ,
2013,by Lili Tod McMillan and by Rachel Dodge,respectively the Mayor and City Clerk of the
City of Orono,a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Not Public
"'�"�' MONICAA.FADNESS
} NOTARY PUBLIC-MINNESOTA
' ;.,�;�;;�- My Commission Expires Jan.31,2017
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2� day of J u-w-e-- ,
2013,by Kent Holmes Hodder and Judith Brown Hodder,husband and wife.
��C,c��cs� �'����1
BARBARA G.SILUS Notary Public
` NOTARY PUBUC-M�NNESOTA
My Commission Exqres Jan.31,201d
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON,P.A.
Projessional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
SMM
170747 3