HomeMy WebLinkAbout2021 Declaration of Covenants Shoreline Estates 0 II
LAND TYPE Torrens (T)
DOC NUM 5888553
Certified, filed and/or recorded on
Oct 28, 2021 1:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 55 Pkg ID 2341663C
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1532239
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
DECLARATION OF COVENANTS,CONDITIONS,
RESTRICTIONS AND PRIVATE ROADWAY EASEMENT/MAINTENANCE
THIS DECLARATION OF COVENANTS, CONDITIONS,RESTRICTIONS AND
PRIVAT OADWAY EASEMENT (this "Declaration") is made effective as of the //
day of ,( , 2021 (the "Effective Date"),by Mark Jacobs and Trisha Blake, each as
Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,
2018, (referred to herein as"Declarant").
RECITALS:
A. Declarant is the fee owner of the real property legally described as Outlot D
("Outlot D") and Lots 1 through 6, inclusive("Lots"), Block 1, Shoreline Estates,
Hennepin County, Minnesota(the"Property").
B. Declarant plans to construct upon Outlot D a private road upon the final plat of
Shoreline Estates (the"Road"), for the benefit of and to service Lots, and to
further provide for the ownership, use, maintenance and restrictions relating to the
Road.
C. Declarant has organized Shoreline Estates Association, a Minnesota non-profit
corporation(the"HOA"), and will convey Outlot D to the HOA to manage and
maintain the Road.
NOW,THEREFORE, in consideration of the foregoing, Declarant hereby declares that
the Property shall be held,transferred, sold, conveyed, and occupied subject to the covenants,
conditions, restrictions, and easements hereafter set forth,which shall run with the Property and
p rty
be binding on all parties, now or hereafter having any right,title, or interest in the Property and
any part thereof,their heirs, successors, and assigns (each of whom are hereafter referred to
individually and collectively as"Owners"), and shall inure to the benefit of the Owners.
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1. Ownership of the Road. Outlot D shall be conveyed by Declarant to the HOA.
In the event the City of Orono, Minnesota(the "City") determines it to be in the
public interest to utilize the Road as a public road or street,the HOA shall, after
notice in accordance with applicable provisions of City Code (as hereinafter
defined) and Minnesota law, convey its ownership interest in Outlot D to the City
for public road purposes and for no additional consideration, at which time this
Declaration shall be deemed null and void and of no further use,provided that the
City agrees, at public expense to operate, maintain and repair the Road in
accordance with the law.
2. Road Easement.
2.1) Private Road. Declarant hereby declares and creates a perpetual,non-
exclusive easement for private road purposes over the Road for the benefit
of the Lots and for use by the Owners and their invitees, including public
service providers such as police, fire,bus, and ambulance services.
2.2) Public Access. Declarant hereby declares and creates: (a)a perpetual,
non-exclusive easement over the Road, for the benefit of the public, for
access over and across the Road; and(b)a perpetual, non-exclusive
easement over the Road for the benefit of the City, for(i)public ingress,
egress, and access; (ii)road, drainage and utilities purposes and uses,
including the right to construct and maintain the same, including, but not
limited to, a full and free right and authority to enter upon Outlot D to
construct, install, maintain, operate and repair a sanitary sewer interceptor,
lift station, main or line, a water main or line, gravel or paved road, and
any and all appurtenances,including drainage control structures, incidental
and related thereto; and(iii) ingress and egress over the Road for
inspection by the City of any portion of the Property, animal control, snow
removal, maintenance, repair and replacement of the Road and the storm
water drainage facilities on the Property,and exercise of any rights or
remedies granted to the City by this Declaration.
3. Maintenance of the Road. The HOA shall pay for all costs to maintain and
repair the Road. Maintenance shall include all necessary repairs, reconstruction,
resurfacing, snow removal, sanding and salting, lighting, striping, and curbing;
(the "Maintenance") as the HOA shall determine; provided,however,that all
Maintenance shall be conducted in compliance with all applicable provisions of
the City of Orono Municipal Code(the"City Code"). All Maintenance shall be
conducted by the HOA or its contractors, at the HOA's expense,when reasonably
necessary, all as determined by the HOA or as ordered by the City Council.
4. Prohibitions of Use of the Road.
218302v1
4.1) None of the Owners shall obstruct or interfere with the rights and
privileges of the other Owners in the use of the Road, and except for
Maintenance of the Road, nothing shall be planted, altered, constructed
upon or removed from the Road.
4.2) No vehicles shall be parked in the Road for a continuous period of time
greater than twenty-four (24)hours.
4.3) No vehicle repair or maintenance may be conducted on the Road.
5. Violation,Enforcement. Rights of the City and Lien Rights.
5.1) In the event of a breach or threatened breach by the HOA or any of the
Owners of any of the terms, covenants, restrictions or conditions hereof,
the HOA shall be entitled to full and adequate relief by injunction and/or
all other available legal and equitable remedies from the consequents of
such breach, including payment of any amounts due and/or specific
performance.
5.2) In addition to all other remedies available at law or in equity,upon the
failure of a defaulting Owner to cure a breach of this Declaration within
thirty (30) days following written notice thereof by an Owner(unless,with
respect to any such breach the nature of which cannot reasonably be cured
within such 30-day period,the defaulting Owner commences such cure
within such 30-day period and thereafter diligently prosecutes such cure to
completion), any of the Owners shall have the right to perform such
obligation contained in this Declaration on behalf of such defaulting
Owner and be reimbursed by such defaulting Owner upon demand for the
reasonable costs thereof together with interest at a rate of five percent
(5%)per annum. Any of the non-defaulting Owners may bring an action,
on behalf of the non-defaulting Owners,to collect the defaulting Owner's
share of such costs, and shall be entitled to recover such reasonable
attorney's fees as the court may allow,together with all necessary costs
and disbursements incurred in connection therewith.
5.3) In the event the HOA fails to conduct Maintenance, it is agreed by all
Owners that the City may undertake such Maintenance and assess each
Lot an equal share of the costs for Maintenance conducted by the City.
Any such Maintenance conducted by the City will not result in the Road
becoming a public roadway. Each of the Owners agrees to pay to the City
its equal share of the costs incurred by the City for such Maintenance
within thirty (30) days following written notice thereof from the City to
each of the Owners. Failure of the Owners to reimburse the City for any
such Maintenance conducted by the City as required herein shall result in
a claim for reimbursement and shall be assessed by the City against the
218302v1
Lot(s)for which payment has not been made and shall constitute a lien
against said Lot(s)which shall be filed by the City in accordance with
applicable provisions of the City Code and the City is entitled to recover
reasonable attorneys' fees and costs for collection thereof.
5.4) In the event actions of an Owner results in damage to the Road,then such
actions shall be deemed a breach of this Declaration, and in addition to all
other remedies available at law or in equity, including the remedies
provided in Section 5.2 above,the HOA shall restore the Road to its prior
condition(in the case of damage to the Road). The costs paid for such
restoration, including interest at a rate of five percent(5%)per annum and
all costs and expenses including reasonable attorneys' fees and costs shall
be assessed against the defaulting Owner in favor of the HOA and shall
constitute a lien against the Lot of the defaulting Owner until paid,
effective upon the recording of a notice of lien with respect thereto in the
official real estate records of Hennepin County, Minnesota; provided,
however,that any such lien pursuant to this Section 5.4 shall be subject
and subordinate to (i) liens for taxes and other public charges which by
applicable law are expressly made superior; and(ii) all liens recorded in
the official real estate records of Hennepin County, Minnesota prior to the
date of recordation of said notice of lien. Upon the timely curing by the
defaulting Owner of any default for which a notice of lien was recorded,
the party recording the same shall record an appropriate release of such
notice of lien with the official real estate records of Hennepin County,
Minnesota to release said lien. All non-defaulting Owners, or any of
them, and the HOA shall have the right and power to enforce this
Declaration as provided herein. Nothing contained in this Section 5.4 is
intended to alleviate any reimbursement obligations of the Owners to the
City in accordance with Section 5.3 above.
6. Voting. In all instances where the Owners have the right to vote on matters
concerning the Road and this Declaration,then the Owners shall be entitled to one
(1)vote per Lot, with a majority vote controlling all such matters. If there is a
deadlock(3-3 vote) with respect to any matter concerning the Road or this
Declaration,then any of the Owners may petition the City Council to break the
deadlock in which case a majority decision of the City Council shall control.
7. Binding Effect. This Declaration shall run with the Property and shall be binding
on and inure to the benefit of the Owners,their heirs, representatives, successors
and assigns.
8. No Amendment. This Declaration may be modified or amended only upon the
recording of a document in the official real estate records of Hennepin County,
Minnesota, setting forth such amendment and fully executed by all of the Owners,
218302v1
and any other party having a recorded interest in the Property. The modified or
amended Declaration must be approved by the City.
9. Severability. Invalidation of any covenant,condition, or restriction set forth
herein by judgment or court order shall in no way affect any of the other
provisions hereof, which shall all remain in full force and effect.
10. Warranties of Title. Declarant represents and warrants that it is the lawful
Owner of the Property and has the full right,title and authority to enter into this
Declaration. Any mortgage lender, or other party with an interest in the Property,
if any, shall consent to this Declaration,which consent shall be attached and made
a part of this Declaration.
11. Notices. All notices, communications, demands and requests permitted or
required to be given to the Owners under this Declaration shall be in writing and
shall be deemed to have been given(a)when personally delivered, or(b) one(1)
business day after being delivered to a reliable and recognized overnight courier
or messenger service which provides receipts of delivery,with fees prepaid or
charged to the sending party, or(c)three (3)business days after being deposited
in the United States mail in a sealed envelope with registered or certified mail
postage prepaid thereon, addressed to the Owners at such Owner's Lot.
12. Governing Law. The laws of the State of Minnesota shall govern the
interpretation,validity,performance and enforcement of this Declaration.
13. Counterpart Signature Pages. This Declaration may be executed in one or
more counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF,Declarant has executed this Declaration the day and year
first above written.
218302v1
DECLARANT:
Mark Jacobs and Trisha Blake,each as Trustee
for the Irwin L. Jacobs 2018 Irrevocable Trust
Agreement dated as of April 30,2018
r /
ark J.••.s,Trustee
STATE OF mai )
j�.
)ss.
COUNTY OF 1414(1___ )
h foregoing instrument was acknowledged before me this 0 day of
,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Trust Agreement dated as of April 30,2018.
A 11,04,__-
44 SHELLY LAFAY ZAJICEK ' 40
417*A•,i Notary Public NOTARY.r :LIC_.)
d!rtr'��w. State of Minnesota
,k�,Ay.� My Commission Expires
January31,2026
-'vA"
, -i-Y-14_,4e2,
Trisha Bla e,Trustee
STATE OF wag )
)ss.
COUNTY OF 1 )
--T - foregoing instrument was acknowledged before me this 4,S day of
"+, 1 0 ,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Trust Agreement dated as of April 30,2018.
g 11 )&11/1C1-
NOTARY '44 BLI
I0.7,,,,z, SHELLY LAFAY ZAJICEK
, '.' aNotary Public
t!.1:44.1•:144-' ;) State of Minnesota
%•, + My Commission Expires
r January 31,2026
CITY OF ORONO
%gig
By:
Mayor Dennis Walsh
(SEAL)
By: al390---
Adam Edwards, City Administrator
STATE OF MINNESOTA
(ss.
COUNTY OF HENNEPIN )
Q �The oregoing instrument was acknowledged before me this 1 I day of •
, 2021, by Dennis Walsh and by Adam Edwards, respectively the Mayor and
City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted b its City Coun
No Public
' ANNA MARIE CARSON •
ti
2A4 NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan.31,2025
iflrirrlrrlrrrrrrr.�.r�.rr
INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (612)452-5000
SNC
MORTGAGEE CONSENT
TO
DECLARATION
Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018
Irrevocable Trust Agreement dated as of April 30,2018 hold a mortgage on the Property, and
agree that the attached Declaration shall remain in full force and effect even if it forecloses on its
mortgage,to wit:
the Mortgage dated August 30, 2018, executed by Alexandra Jacobs,
as Trustee of The Alexandra Revocable Trust Agreement dated
November 22, 2006, and by Irwin L. Jacobs, as Trustee of the Third
Amended and Restated Revocable Trust of Irwin L. Jacobs dated
November 22, 2006, as amended on September 24, 2007, July 10,
2008,and October 23,2009, originally known as The Irwin L. Jacobs
Revocable Trust Agreement dated November 19, 1999, as mortgagor
to Marquette Companies,LLC,a Minnesota limited liability company,
as mortgagee,and recorded on August 30,2018,as Document Number
T05557428 in the Office of the Registrar of Titles of Hennepin
County,Minnesota,assigned to the undersigned by the Assignment of
Mortgage recorded on May 16,2019,as Document No.T05613048 in
the Office of the Registrar of Titles of Hennepin County Minnesota.
Dated this 2aS day of -40,13-e( , 2021.
Mark Jacobs and Trisha Blake, each as Trustee
for the Irwin L. Jacobs 2018 Irrevocable Trust
Agreement dated as of April 30,2018
BY:
44-2,
Mark Jaco ,Trustee
STATE OF t . u,l )
)ss.
COUNTY OF hne{iin )
The foregoing instrument was acknowledged before me this i day of
ir ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Tru t Agreement dated as of April 30,2018.
—i.,,,,,
0 / / iitieb
NOTARY ' BLI
ate.?+., SHELLY LAFAY ZAJICEK
�' � Notary Public
5#'a State of Minnesota
, ty� My Commission Expires
January 31,2026
BY:
t Trisha Blake, Ti stee
STATE OF NU�inG � )
)ss.
COUNTY OF )
- foregoing instrument was acknowledged before me this day of
kfi:41. Y ,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable
Tru Agreement dated as of April 30,2018.
NOTARY I BLIC���
.fid��®►,,�'z SHELLYNotary PuLAFAY bZAJICEliI'
c
State of Minnesota
'=� ":' MyCommission Expires
INSTRUMENT DRAFTED BY: 1Y January 31,2026
CAMPBELL KNUTSON '�
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (612)452-5000
SNC