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HomeMy WebLinkAbout2022 Declaration of Restriction Covenantp (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATI9r3 OF RESTRICTIVE COVENANTS (the "Declaration"), is made this 384 day of roc 2/1 ,2022,by the undersigned,JON D.RAPPAPORT, TRUSTEE OF JON D. RAPPAPORT REVOCABLE TRUST UNDER THE PROVISIONS OF A TRUST AGREEMENT; AND DIANE S. RAPPAPORT, TRUSTEE OF DIANE RAPPAPORT REVOCABLE TRUST UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED SEPTEMBER 17, 1998; AND JON D.RAPPAPORT AND DIANE S.RAPPAPORT,INDIVIDUALLY,HUSBAND AND WIFE ("Declarants"). WHEREAS,Declarants are the fee owners of real property located at 3067 Fairview Lane, Orono, Minnesota [PIN No. 04-117-23-33-0007], legally described as: Lot Five (5), Block One (1),Fairview,Hennepin County,Minnesota (the "Property"); and WHEREAS,Declarants have applied to the City of Orono for Permit No.RAS22-000083 to construct a 1,120 square foot detached building("Oversized Accessory Building") depicted on the attached Exhibit"A"; and WHEREAS, as a condition of issuance of the Permit and pursuant to City Code Section 78-1434(3), the Declarants agree to impose upon and subject the Property to certain covenants, conditions, restrictions and reservations for the benefit of the City, the Property, and its present and future owners; NOW, THEREFORE, the undersigned parties hereby declare, impose upon, create and establish the following covenants, conditions and restrictions upon the Property: 223691v1 A. PROHIBITION ON USES. 1. Not more than one Oversized Accessory Building shall be permitted on any property. An Oversized Accessory Building is defined as an accessory building of footprint area in excess of 1,000 square feet. 2. No such Oversize Accessory Building shall be nearer the front lot line than the front line of the principal building on the Property and the principal building setbacks must be met. 3. The maximum height for such Oversized Accessory Building shall be thirty (30) feet or the defined height of the principal residence building on the Property, whichever is less. 4. No future subdivision will be approved for the Property that places the Oversized Accessory Building within a lot that has no principal building, except that the City in its subdivision approval may grant a finite time period in which the Oversized Accessory Building may remain without a principal building, in order that a principal building may be constructed. At the end of this time period, the Oversized Accessory Building must be removed if no principal building has been constructed. 5. If the Property is subdivided, the Oversized Accessory Building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the Oversized Accessory Building. 6. If the Property is subdivided, the setback required for the Oversized Accessory Building shall remain conforming. B. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Property, shall be recorded with Hennepin County against the title to the Property, and shall be binding upon and inure to the benefit of the City and the Declarant named herein, her successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Property. IN WITNESS WHEREOF,as of the day and year first hereinabove written,the Declarant has executed this Declaration. [Remainder of page intentionally left blank. Signatures contained on the following page.] 223691v1 DECLARANTS: JON D. RAPPAPORT REVOCABLE TRUST UNDER THE PROVISIONS OF A TRUST AGREE ENT By j/C on D. Rappa , stee DIANE RAPPAPORT REVOCABLE TRUST UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED SEPTEMBER 17, 1998 By WI 4l i Atil:Pilep(95F4— Diane S. Rappaport,Trustee LAN W SARKIS STATE OF MINNESOTA NOTARY PUBLIC ) � ''.� MINNESOTA )SS. y8F'tnr.My Commismoo Expires 01/3t/2025 j COUNTY OF ) The foregoing instrument was acknowledged before me this 2)vcl day of 0cio/7ey 2022, by Jon D. Rappaport, as Trustee of Jon D. Rappaport Revocable Trust under the Provisions of a Trust Agreement, on behalf of the trust. Notary Public STATE OF MINNESOTA ) LAN W SARKIS �_r NOTARY PUBLIC )ss. I �1,1e f MINNESOTA COUNTY OF 64 f ✓e ) I My Comm sston E.pves 01,31 2025 The foregoing instrument was acknowledged before me this day of Ql f U V 2022, by Diane S. Rappaport, as Trustee of Diane Rappaport Revocable Trust under the Provisions of a Trust Agreement dated September 17, 1998, on behalf of the trust. Notary Public 223691v1 DECLARANTS: 4 11/l . on I). Rappaport! / 4121 / / .JJLQ a Diane S. Rappaport STATE OF MINNESOTA LAN W SARKIS ) : NOTARY PUBLIC )SS. g� MINNESOTA My Commission Expires 01 31 2025 COUNTY OFC4 r v ✓ ) The foregoing instrument was acknowledged before me this 3✓' day of 06.-7 U i/ 2022,by Jon D.Rappaport and Diane S.Rappaport, husband and wife. Notary Public 223691v1 CITY OF ORONO By: Dennis Walsh,Mayor By: Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 04 day of i lt/hei , 2022 by Dennis Walsh and by Adam T. 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 by its City Council. LA/1g, Notary Public �fJlff�,/Ylllllllllll 1/l 1 ����� ANNAMARIECARLSON �_�=. .•._ • sa NOTARY PUBLIC•MINNESOTA ast Commission Expires Jan.31,2025 • '�1.,�� My 1r11� f./YlflJYl./lltlttllll./J./.l THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651)452-5000 SMM 223691v1 • ,// ' -7! / sir' --"" i... / ' %qv /// . +�'a '� -- / �� /// -_ �ti W .,/ e II �1�/ Ce ? A ,/ ,,: ,t/.1 � / �> _ W ��, b y r,,�v � r Lu ii / /:, tiNk1/ \ A Z I rz 11 f /fl �f X tf E s r>/ z I. II v. I w ,a s a•o / z Up v IL, 1 ; a ``� '1 °n I 1 ( 'r )/- li / I II `l ; / oj 1ii ! / / / / li i 1 1 e// ,"7 / / / Aiii, --------- i i / / p . ' ,;- / 3/\41:../. / 1/ 1�. 1 .. / / / / / 45 / k/ I. `-f------ `� /� / // // , , q/ / 1 II a_ __ / / / / / / / 7c4. 106. sis -t ' � --I / // // / // / / CE� f / / aerli...n.:z4 % % _y n40 � /' / / g --. `P,,,-/-- li A \\.,--6X .....„, - /1-'. A i/ M / . N m S N / / ib/ b • 1 : gz , of / /t, a . c, , k‘\, 4 \ Z46j--- r / i rs, // J// t. \ ` N ` fin♦ w .... - / % N (Top 3 inches reserved for recording data) CERTIFICATE OF TRUST Minnesota Uniform Conveyancing Blanks by Individual Form 90.1.1 (2016) Minn.Stat.501C.1013 State of Minnesota,County of //EAMAA//1 4/'1r)£ 5 , /4 94T,4P 7 ,being first duly sworn on oath states,or affirms under penalties of perjury,that:1. The name of the trust,if one is given,is:,Q/A S M4A/1 /3"?/ r /eQ 1 42e46L g. polsr. 2. The date of the trust instrument is: ,'Ef7ii74k° //7) I �1 3. The name and address of each trusteetrte empowered to act under the trust instrument at the time of execution of this Certificate f ..� Trust is: . /ANf ' R/�/d/y4'Q/ 3G1i7 CI�/f�/i141 p4 P �f4i' .S Ji'N d- ip,v4 9/17,10 jo47 r�i9/t/icu1I Al PAW 44's `s� 4. The trustees are authorized by the trust instrument to sell,convey,pledge,mortgage,lease,or transfer title to any interest in real or personal property,except as limited by the following:(if none,so indicate) 5. The number of trustees required to act is: 1. 6. The trust ❑hasas not been terminated. (chec one box) The trust instrument ❑has Dias not been revoked. (check ne box) Pursuant to Minn.Stat.501C.1013 subd.2: n The name of each settlor of the trust is: A/A'✓AI� �� ,P,4,4/"/�Yn�/ The name of each original Trustee is: .Q/4/0£ $. I4/� e4/ J cJ 'A I) A1/11040 Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 90.1.1 Check this boxf an Affidavit of Trustee,consisting of 2 pages,is attached to this Certificate of Trust. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the trust instrument,or amendments to it,that limit(i)the powers of the trustee(s)to sell,convey,pledge,mortgage,lease,or transfer title to interest in real or personal property,or(ii)the authority of the trustees to exercise any other power identified in this Certificate of Trust. Tru ee or Settlor4 47z___ Ant, (s 4/ 1floqL (signature) Signed and sworn to(or affirmed)before me on /a/0 3/�O Z ,by Pi- »e S. R4.pp pa yr (month/day/year) I 1 (insert name of Trustee or Settlor making statement) (Stamp) C�_ / i/ -/-- (signature of notarial officer) e� LAN W SARKISi P';7" NOTARY PUBLIC Title(and Rank): �h-7-4 J� MINNESOTA My Conm ss o e.o„a5 01,31aozs My commission expires: I /3 (mo th/day/year� THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) .w, 4 R106/9A T gp 7 c-41/ rLV Ai9Av p/?oN,, ,n4'. s5 4. (Top 3 inches reserved for recording data) AFFIDAVIT OF TRUSTEE(inter vivos Trust) Minnesota Uniform Conveyancing Blanks Minn.Stat.501C.1014 Form 90.1.3(2017) State of Minnesota,County of hkiMC/4..l1V 4/AN £ /PA /" 0/P r ,being first duly sworn on oath states,or affirms under penalties of perjury,that: 1. Affiant is the trustee(one of the trustees)named in that certain Certificate of Trust(or trust instrument): (check one box) to which this Affidavit is attached. ❑ recorded as Document Number (month/day/year) (or in Book of Page ),in the Office of the ❑ County Recorder ❑ Registrar of Titles of County, Minnesota, (check the applicable boxes) executed by Affiant or another trustee�y 0i iior the ettlor Nof of the trust described in the Certificate of Trust(or set forth in the trust instrument),which relates to real property in //CA County,Minnesota,legally described as folloWS: 10 1 I fr r .6 4PG PI49%€nI A7I 77a& P%AJ Afp pry/-4/3-23-3 3-070'7 (If more space is needed,continue on an attachment.) 2. The name(s)and address(es)of the trustee(s)empowered by the trust Instrument to act at the time of the execution of this Affidavit are as follows: 4,4/4/ O9#4019 - 30b" Iry LA) R/Qp/o;k441 -r3scb ;QE s. t44,2407- /sbo ,y-7A1 s ietto o-e%lei pf 66y'b Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 90.1.3 3. The trustee(s)who have executed that certain instrument(deed,mortgage,or other conveyance),relating to the real property described above,between Mil/ R/4/1)0/1AP4re1141,0/ f 7 Vt ,as trustee(s), and which instrument is dated ,(a)are empowered by the provisions of the Trust to sell,convey,pledge, (month/day/year) mortgage,lease,transfer title to,or release,any interest in real property held in trust;and(b)are the requisite number of trustees required by the trust instrument to execute and deliver such an instrument. 4. (check one box) A{The trust has not terminated and trust instrument has not been revoked. ❑ The trust has terminated(or the trust instrument has been revoked).The execution and delivery of the instrument described in paragraph 3 has been made pursuant to the provisions of the trust. 5. There has been no amendment to the trust that limits the power of trustee(s)to execute and deliver the instrument described in paragraph 3. 6. �,/ (check one box) J'f' 'he trust is not supervised by any court. ❑ The trust is supervised by the Court of County, .All necessary approval has been obtained from the court for the trustee(s)to execute and deliver the instrument described in paragraph 3. 7. Affiant does not have actual knowledge of any facts indicating the trust is invalid. Affiant (signature �— Signed and sworn to(or affirmed)before me on /0/a 3/)o .2. ,by Pia a h e Aft(/1 (month/day/year) d l • (insert name of Affiant making statement) (Seal,if any) / mil/ (signature of notarial officer) ` ikez,'� LAN W SARKIS NOTARY PUBLIC j� cr Title(and Rank): � €la MiNNESOTA01,312025 (' My commission expires: / 3 l�> t Yay Cor�m�ssion 6pves (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) sty 4444,90/Wr- j1,7 d'‘W 1494 z 'o vo /01 536 (Top 3 inches reserved for recording data) CERTIFICATE OF TRUST Minnesota Uniform Conveyancing Blanks by Individual Form 90.1.1 (2016) Minn.Stat.501C.1013 State of Minnesota,County of H fit)A)it°/A V i/)+ D♦ RAII v 4r ,being first duly sworn on oath states,or affirms under penalties of perjury,that: a y� y 1. The name of the trust,if one is given,is: .To/II 4./Q/q�/-/�0/Q r kf koCxeil... 2. The date of the trust instrument is: S€,Aj'?Af,4 /!, /71f' 3. The name and address of each trustee empowered to act under the trust instrument at the time of execution of this Certificate of Trust is: 3-0N D. iAfymm r- . 4,1 ackivIe4 4AI Orf�N0 ./MN• s .i 6 J/ANE' S.ic44n/??r 3041 A:404igw4/V Off' /Pf. S53S'� Mee Ir.. 44'MATT- es-'I TPA' Alie s, 64:4041vAiby44 ssy/6 4. The trustees are authorized by the trust instrument to sell,convey,pledge,mortgage,lease,or transfer title to any interest in real or personal prroAopp�erty,except as limited by the following:(if none,so indicate) 5. The number of trustees required to act is: 1 6. The trust El has%has not been terminated. (check one box) The trust instrument ❑has ias not been revoked. (check one box) Pursuant to Minn.Stat.501C.1013 subd.2: The name of each settlor of the trust is: z1 (�/V 4• A#044 7- The name of each original Trustee is: J©/V Q RI4444A .u/44e ,', opi/6 ,0e/ J Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 90.1.1 Check this box )(if an Affidavit of Trustee,consisting of a pages,is attached to this Certificate of Trust. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the trust instrument,or amendments to it,that limit(i)the powers of the trustee(s)to sell,convey,pledge,mortgage,lease,or transfer title to interest in real or personal property,or(ii)the authority of the trustees to exercise any other power identified in this Certificate of Trust. Trus a or Settlor (sig ature) (signature) Signed and sworn to(or affirmed)before me on /0/ ° 3 i."—D 2 Z ,by To rL roVT (month/day/year) • (insert name of Trustee or Settlor making statement) (Stamp) �- (signature of notanal officer) e LAN INSARKIS pt NOTARY PUBLIC I Title(and Rank): �O7:0 Y vI 0 MINNESOTA My cor„s:Expires 0L112025 �� My commission expires: l /3/ / 'v (month/da/year) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) lea Q. 194/ 11o4 3p¢T "Welt/ 'i'N- toRoru� mk e s E"6 J (Top 3 inches reserved for recording data) AFFIDAVIT OF TRUSTEE(inter vivos Trust) Minnesota Uniform Conveyancing Blanks Minn.Stat.501C.1014 A Al / Form 90.1.3(2017) State of Minnesota,County of //f A Av £/" Ai /9. /1-/4 h4A*41 7 ,being first duly sworn on oath states,or affirms under penalties of perjury,that: 1. Affiant is the tru ee(one of the trustees)named in that certain Certificate of Trust(or trust instrument): (check one box) to which this Affidavit is attached. ❑ recorded as Document Number (month/day/year) (or in Book of Page ),in the Office of the ❑ County Recorder ❑ Registrar of Titles of County,Minnesota, (check the applicable boxes) executed by Affiant or another tr'stee or the s ttlor"off the trust described in the Certificate of Trust(or set forth in the trust instrument),which relates to real property in /E/U ,2N) County,Minnesota,legally described as follows:, Apr File (5), BtOGkOnt�( ) ,4,e I€u/ Mba* PIA/ Nn. pit-i' 7 -3,3-CP,7 (If more space is needed,continue on an attachment.) 2. The name(s)and address(es)of the trustee(s)empowered by the trust Instrument to act at the time of the execution of this Affidavit are as follows: vlti Q. 49,9/3,0i4A7iP r R11)i u/ 144f Pt6000, .66:3 D/4N£S. , 49,? 'Are 7 viq,,v R'V f 0m'vo, C Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 90.1.3 3. The trustee(s)who have executed that certain instrument(deed,mortgage,or other conveyance),relating to the real property described above,between 71DN 4,/64-/VAtier,i0PINZ£ Wair ,as trustee(s), and which instrument is dated ,(a)are empowered by the provisions of the Trust to sell,convey,pledge, (month/day/year) mortgage,lease,transfer title to,or release,any interest in real property held in trust;and(b)are the requisite number of trustees required by the trust instrument to execute and deliver such an instrument. 4. (check one box) The trust has not terminated and trust instrument has not been revoked. ❑ The trust has terminated(or the trust instrument has been revoked).The execution and delivery of the instrument described in paragraph 3 has been made pursuant to the provisions of the trust. 5. There has been no amendment to the trust that limits the power of trustee(s)to execute and deliver the instrument described in paragraph 3. 6. %The trust is not supervised by any court. (check one box) CIThe trust is supervised by the Court of County, .All necessary approval has been obtained from the court for the trustee(s)to execute and deliver the instrument described in paragraph 3. 7. Affiant does not have actual knowledge of any facts indicating the trust is invalid. Affia I/ ri/7,44,14(45r_ (signature) Signed and sworn to(or affirmed)before me on /D/0 3/zo 2 Z ,by To vt, /7 • ; pcZO()V1— (month/day/year) // (insert name of Affiant making statement) (Seal,if any) �/ " z (signature of notarial officer) s^ :' LAN W SARKIS rr .4 NOTARY PUBLIC Title(and Rank): 1-4 y v1 MINNESOTA •-• ^ny Cornmss,an E•p res 01,31,2025 My commission expires: / (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Tav iPiiY/9 �Pr 3 j7 ,40fWW911'i-