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HomeMy WebLinkAbout2712DEC 2 0 2011 Doc No T4906166 Certified, filed and /or recorded on 11/30/114:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 753448 Doc Name: Agreement Document Recording Fee $46.00 Multiple Certificates Affected $20.00 Fee Document Total $66.00 Existing Certs New Certs 610913 1336707 This cover sheet is now a permanent part of the recorded document. 13 3�,70 7 (0109 13 COVENANT REGARDING MAINTENANCE OF YARDS FOR AN UNLIMITED AREA BUILDING COVENANT made this _ day of &022-- - 2011, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and EDINA OHMS LANE, LLC, a Minnesota limited liability company ( "Ohms "). RECITALS A. Section 507 of the Minnesota State Building Code, Unlimited Area Buildings, provides that "building shall not be limited when the building is surrounded and adjoined by public ways or yards not less than 60 feet" ( "Required Yard "). Section 202 of the Minnesota State Building Code defines a "Yard" as "an open space, other than a court, unobstructed from the ground to the sky." B. Ohms has applied for a building permit that requires a 60 foot surrounding Yard. C. The Required Yard must be established on Lot 13, Block 1, Edina Interchange Center 3rd Addition owned by Ohms ( "Ohms Property ") where the building requiring a Required Open Yard is located and on Outlot A, Edina Interchanget,8tn Addition owned by the City ( "City Property "). C Vd,4f- NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The sixty foot Required Yard shall be maintained on the Ohms Property and on the City Property, surrounding the building on the Ohms Property, in accordance with the attached Exhibit "A" as long as a building exists on the Ohms property that requires the Required Yard. 2. This Covenant shall be recorded against the title to the Ohms Property and the City Propert , shall run with the land and shall be binding upon the parties, their successors andlians. CITY OF EDI F.WN 160225v01 RNK:10 /10!2011 EDINA OHMS LANE, LLC mayor Its ai, c-iyr manag STATE OF MINNESOTA ) (Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this I& day of QCIQ br r, 2011, by James Hovland and by Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public w • DEBRA MANGEN NOTARY PUBLIC AMWIESOU STATE OF MINNESOTA ' MyCWM*WW ^ s�,aols � 1 COUNTY OF t r..e�/"I (ss. ) The foregoing instrument was acknowledged before me this l btl? day of 1r -FQ b ev , 2011, by 11'1 U a�fe6 fi 4 the Pre- 5t cle t of Edina Ohms Lane, LLC, a Minnesota limited liability company, on behalf of the company. No ary Public JUNE 0 SMITH NOTARY PUBLIC MME80TA co. M�w+a�av�,a�.a�,� DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 Telephone: 651- 452 -5000 RNK:srn _ o 160225x01 2 RNK:10 /10/2011 NQ Existing Building O C � O O O Lot: 013, Block: 001 Edina Interchange Center 3rd Addn 35' 60' Addition M 75192 PI D: 09-116-21-22-002 4 60' open yard required for unlimited area CA) building 60' 45' 30' 90' Required open y rd on City property Lot: 000, Block: 000 Edina Interchange 8th Addn Addition #: 01209 PI D: 09- 116 -21 -22 -0035 } Metes /Bounds: OUTLOT A No Address Assigned City of Edina 4801 W 50th St Edina, MN 55424 Cjj))A 7100 Ohms La N City of Edina Proposed Open Yard 1 Inch = 40 feet W E M X W a ow-