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Home My WebLink AboutCovenant/limited wastewater plmbg in access.bldg/2002 : � CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING �, THIS COVENANT, made and entered into this�day of �.�; � , 2002, by Mark and Nancy Cree (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 the installation of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: See E�chibit A (hereinafter referred to as "S>>bject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9(F), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9(F) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, one sink and one shower on the Subject Property if approved conditioned upon the execution of this Covenant by the City and the Applicants. Page 1 of 5 r 2. The following conditions shall control the installation and use of the limited wastewater plumbing: A) The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. B) The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 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 their signatures upon this document. CITY OF ORONO: ,� i , � �_ J � � � By; I��c-� {:-Z��.c�.. � -;:��.�"<'?.�-�� Its Mayor By: ✓�iiL�- � "-� Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a,A�i�nesota municipal corporation and said instrument was executed on behalf of the City. ' � -\- �- �, -� Notary Pub ACKIE YOUNG � STATE OF MINNESOTA Nor,�YPueuc-MiNNEsorn COUNTY OF HENNEPIN �, �, `.;� Mr commiss�on�xpi�s�a�.s�,zoos �,�y,.: � � ''�'�=ti� The foregoing instrument was acknowledged before me on this -'��'�`�day of April, 2002 � by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said Page 2 of 5 r .. instrument was executed on behalf of the City. - � � � 7 � � ' ��_ .��1_�G-�-� cr, , Notary Public `'�� FtAC�'�L�C�G� APPLIC (S): NOTARY PUuLIC-MfKNc.^OTA / �,�';,., My Commission Expires Jan.31,2005 $y; a `t ,tiQ.l- . � By: � 1��. n ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this �3 day of ,/-��,r,/ , 20 0 2--, !_�(c�-h C:r�� personally appeared before me, who is personally known to me � whose identity I proved on the basis of !� �� - whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. '' l�t,' � Notary STATE OF MINNESOTA �:--��IS�M.LESKINEN COLJNTY OF HENNEPIN NOTARYPUBLIC-MINNESOTA t,�y Commis�ion Expires Jan.31�2005 On this � day of .�-�R f L , 20��, iv' �1 Nc-�! � /� �= � a — personally appeared before me, who is personally known to me r/ whose identity I proved on the basis of �-� F� -f� m f }- � f n P - whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � � _ �1� � f-�� , MARY F,;:,d JC�-''�SON Notary Pubiic ' NOTAR'Y RUDLIC•Mi,4NE$OTA My Canrtwssion E.tpires Jan.31,2(�S � `� Page 3 of 5 FEE OWN,F�,R(S): � By;� , '— By: ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this ,�%L day of�A>r�I , 20 G�, �a: �G (�- ��-�,� personally appeared before me, who is personally known to me ,/ whose identity I proved on the basis of i(.�(.�-' �-�L_ 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 .>.,,.. ,w-•»", __::;:;�M. LESKINEf"J STATE OF MINNESOTA � , NOTARYPUBUC-MINNESOTA COLTNTY OF HENNEPIN � � :,�.. MY��ron Expires Jan.31,Zoo5 On this � day of �p,Q, / , 20 �_Z, /✓A��'cy C,Pt'� personally appeared before me, � who is personally known to me �/ whose identity I proved on the basis of �-� �e f � �7 �' t-�-�,� F� s_S C'<?�z ��. 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. �� MARY ANN JOHNSON Notary Publi �- � - NOTARY PI�LIC-MINNESOTA � .;_ Mjr C.arniMbn Expi�Jan.31.Z005 Page 4 of :i f � Exhibit A � LEGAL DESCRIPTION � . � ' - Parcel 1: � Lot 2, 8tock 4 cnd lot.3, Block 2, CRYSTAL BAY PARK inciud:ng vocoted View . _ Avenue adjoining saiq Lots, occording to the mop or,piat thereof on file ond of record in the Office of the Register of Deeds in and for said county. • ' Hennepin County, Minnesota . (Abstroct) . Parcel 2: That part of Lot 2, Block 2, and Lot t, Block 4 ond of•Vi�:v Avenue and Maxweil Street . (both now vacated) all. in CRYSTAL BAY PARK, described es follows: Beginning at the Northwest or most Westerly corner of said Lot 2 in Block 2, thence Southeasterty elong Southwesterly Iine of � soid tot 2 to the Southwesterly or most southerly corner of said Lot 2; ihence Southeasterly in a stroight line across seid View Avenue, vacoted, to the No�thwesterly or most Westerly corner of seid Lot 1 in Block 4 in said Crystal Bay Perk; thence southwesterly elong the Southwesterly l;ne- � of seid Lot 1 Co the Southwest oc.most Southerly corner of svid Lot t;•�seid point being in the Northwesterly line of County Road Number 51, formerly known as Lafay�'{te q�enue; thence Northwegterly elong the Northwesterly fine of County Rood Nur�►ber 51 to its intersection with a line drawn parcllel with end distcnt 50 feet Northeasterly from measuied at right• ongles to, the � Northeosterly lines of �ot 2. Block 4 and Lot 3, Block 2 in said�Crystal Bey Perk; thence �Northwesterfy.on-o line 50 feet•Northecsterly from, measured 5`t r�ght cngles to, and parallel with ' the.Northeosterly lines of said Lot 2, Block 4, and Lot 3, Block 2, soid Crys{e� gay park, to the • Northweste�fy line of said Lot 2, Block 2, Crystal Bay Pcrk;' thence Southwesterly elong the .Worthwesterfy line of said Lot 2 to the point of beginnin'g,� occording to the plat thereof on file or of record in the Office of the Register of Oeeds in or}� for soid county. � Hennepi�_�ounty, Minnesota (Torrens) � . �: Subject to Eesements of record, if any. . � Page 5 of 5 •