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Home My WebLink Aboutcovenant/oversize accessory structure .• 6513891 CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this 6th day of October , 19 95, by Robert K & Mary A Sansevere (gtmgcl*/husband and wife/ax xgRX8RMAARR). (hereinafter • referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). C, WITNESSETH: WHEREAS, Applicants have made application to the City for an accessory structure on property in Hennepin County, State ► of Minnesota, legally described as: �J That part of the North 25 acres of the Northeast quarter of the 00 Northeast quarter of Section 31, Township 118 North, Range 23 West of the 5th Principal Meridian lying South of State Highway No. 110, EXCEPT the West 245 feet thereof. c (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 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (C) (3) (c), specific conditions exist for an allowable OAS; and WHEREAS, Section 10.03, Subdivision 9 (C)(3) (c) 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 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. Page 1 of 4 TRANSFER ENTERED 1,25-AND PRIOR TAXES PAIR HENNEPIN COUNTY TAXPAYER SERVICES TAXPAYER SERVICES TRANSFER ENTERED DEC 19 1995 DEC 19 1995 44,4,17.0,_. moi MINN. IN COUNTY MINN. 6 / DEPUT`f • NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. 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 Council. If no principal structure is fully constructed and completed 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 10.03 , Subdivision 9 (C) ( 2 ) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (C) (a) 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. Page 2 of 4 • CITY OF ORONO: By: ,, , .4(4 _ . cts Mayor � BY: . • -_� - -- I s Ci d Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ 3'et' day of /6jd;jh , 199E7 , by 4 6V--&%n and A!- ,, , )2% , the -T , 4 and /v of the Citi y of Oro on behalf of the muncipal 'rporation. Notary P blit JAMIE L.BOSMA h My Commien Expires °. ` NOTARY PUBUC-MINNESOTA s o renew COUNTY APPI7INT(S) : " • MY Commission Espins Jan.31,2000 By: . ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing j.nstrument was acknowledged before me this (rp4A day of , 199,5- by /65-124ti ,1( and ` a. ,..J,Z e,�-�Le (husband and wife%single/a—i4-rn-neootu Corporat- :on) as their free act and deed/on behalf of the corporation. JAMIE L.BOSMA Nota ub 1 i c NOTARY PUBLIC-MINNESOTA l HENNEPIN COUNTY -4..M.•°• My Commission Expires Jan.31,2000 J( , 2t-4() My Co ssion E ' ires' Page 3 of 4 FEE� ,>(S) : By: By: ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �� 44-' day of ai d,t6-- A.) , 19 Cjs , by ic-e-Lott K r b1-- and 72, (husband and wife%1-e/- as their free act and deed/on behalf of the corporation.Y-�- Notary P blit JAMIE L 806MA NOM y 'F HENNEPIN COUNTY My Commission Expires Jan.31,2000 1 My ComMi sloe EX res Pag<: 4 or 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) • T, P:? Lt} . M. NaLc, C: y r dy i Ch-ono, Hefnapin County, Minnesota,t3, do hereby certify that I have compared the foregoing copy of a Covenant for Oversized Accessory Structure with the original record in the Minutes of the proceedings of said City Council at a meeting of said City Council held on October 23, 1995, and that the same is a true and correct copy of said covenant duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 20th day of November, 1995. I D rothy M. G. , City Clerk 14 ) 4 y . 3 4 �x l M_ Ile kI s I a. t • • ql AK lg.-:, ,, • . R ri;) -R, -4...) t .,, ... ..... 'AI A .2 F2 CA a ,... .- 0 33 .. .. C' M 4. .A. ....j -..j %., • -.:"..... --71 g g -.. rn . . . ., or .- r 1 in '. f , ....... 1.... ,,fl twIlib H, . .,: NA-N .1..%0 tiZ -Nk .." 1.... VP INJ i1.---'!4 rmi •• f) fre.; in iD 'pine POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. INCLUDING THE LAW PRACTICE OF MASON, FENWICK & LAWRENCE, ESTABLISHED 1861 U.S.OFFICES: AFFILIATIONS: DENVER,COLORADO SUITE 3300 TEL 303-883-1200 BEIJING,CHINA 222 SOUTH NINTH STREET TEL 011881.8133281 MIAMI,FLORIDA MINNEAPOLIS, MINNESOTA 55402-3336 TEL 303.890-0050 LEIPZIG,GERMANY TEL 612-333-4800 • FAX 612-334-8888 TEL 01149-341-4918429 WASHINGTON,D.C. TEL 202-824-8000 CARRIE L. BAZELLA STUTTGART,GERMANY DIRECT DIAL(612) 334-2696 TEL 01149-711-22383 February 12, 1996 Ms. Dorothy M. Hallin 3 1996 City of Orono ES P.O. Box 66 Crystal Bay, MN 55323 Re: Our File Number 3643.091 • Dear Dorothy: Enclosed please find the following recorded documents: 1. Resolution No. 3621 (File No. 2000), recorded as Document No. 6505715, together with Deed of Appurtenant Easment, recorded as Document No. 6505716; 2. Resolution No. 3634 (File No. 2074), recorded as Document No. 2658804; 3. Resolution No. 3597 (File No. 2039), recorded as Document No. 2658803; 4. Resolution No. 3599 (File No. 2048), recorded as Document No. 6508235; 5. Resolution No. 3625 (File No. 2080), recorded as Document No. 6508234 6. Resolution No. 3559 (File No. 2011), recorded as Document No. 2662106; 7. Resolution No. 3633 (File No. 2066), recorded as Document No. 6513669; and 8. Covenant for Oversized Accessory Structure (Robert and Mary Sansevere), recorded as Document No. 6513891. Very truly yours, Guviza--j Carrie L. Bazella Legal Assistant Enclosures 357/22097064 2/12/96 /Z5- a iaP v CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this I day of Le eml eg. , 2010, by Robert Sansevere and Mary Sansevere, 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: That part of the North 25 acres of the Northeast Quarter of the Northeast Quarter of Section 31, township 118 North, Range 23 West of the 5th Principal Meridian lying South of State Highway No. 110, EXCEPT the West 245 feet thereof. Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, City staff 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, 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; WHEREAS,All parties with an interest in this property shall sign this covenant. 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. No plumbing shall be installed in the Oversized Accessory Structure. b. The OAS shall not be used in conjunction with a home occupation. 2. The following conditions shall control the existence of the OAS: a. No future subdivision of the property will be approved that places the OAS within a lot that has no principal structure. Page 1 of 3 r • 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 Council. If no principal structure is fully constructed and completed 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 the property, and shall be filed within the chain of title of the property. CITY OF ORONO: By: 114441., vh L3 tI Its Mayor Its City Clerk PROPERTY 0 R(S): By: ..� l..! Page 2 of 3 ACKNOWLEDGEMENT (PROPERTY OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this I day of UeCentl ey, 2010 by Robert Sansevere,husband of Mary Sansevere. \�'L�,•--44')- BARBARA G.SILOS NOTARY PUBLIC-MINNESOTA l�) , My Commission Expires Jan.31,2013 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 7 day of L)PC'�?n 2010 by Mary Sansevere, wife of Robert Sansevere. 6ad ?1 ti % BARBARA G.SILOS NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,20�� Page 3 of 3