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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />DECLARATION OF RESTRICTIVE COVENANTS <br /> <br /> <br /> THIS DECLARATION OF RESTRICTIONS ("Declaration") is made as of this _____ day of <br />_____________, 2020 by ERIC RUDOLPH TOTH and ELIZABETH ANN TOTH, husband and <br />wife (hereinafter "Declarants"). <br /> <br />RECITALS: <br /> <br /> A. Declarants are the owners in fee simple of certain real property located in Sherburne <br />County, Minnesota, legally described as: <br /> <br /> Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, according to the <br /> recorded plat thereof (“Parent Parcel”); <br /> <br /> B. Declarants have applied to the CITY OF ELK RIVER, a Minnesota municipal <br />corporation (hereinafter “City”) for approval to subdivide the Parent Parcel creating two parcels, one of <br />which is legally described as follows: <br /> <br /> Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, except that part <br />lying west of a line described as follows: Beginning at a point on the northerly line of said Lot 12, <br />distant 44.88 feet southeasterly of the northwest corner thereof; thence south to a point on the southerly <br />line of said Lot 12, distant 44.14 feet northeasterly of the southwest corner thereof (“Parcel B”); <br /> <br /> C. Parcel B is a non-conforming lot under the Elk River City Code and Declarants have <br />applied for a variance to the Elk River City Code to allow the subdivision creating Parcel B; <br /> <br /> E. As a condition of approval of the subdivision of the Parent Parcel creating Parcel B, <br />Declarants have proposed to place a restrictive covenant against Parcel B restricting any development or <br />building from being constructed on Parcel B; <br /> <br />212011v3 <br /> <br />