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Home My WebLink About10-03-2022 Declaration of Restrictive Covenant F 3- LAND TYPE Abstract (A) DOC NUM 11157879 Certified, filed and/or recorded on Oct 25, 2022 3:20 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 102 Pkg ID 2506044E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS pECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this 3 day of QGT p b ry- ,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 Farview Lane, Orono, Minnesota [PIN No. 04-117-23-33-0007], legally described as: Lot Five (5), Block One (1), Farview,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 pp P Y 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 intentionallyleft blank. Pg Signatures contained on the following page.] 223691v1 DECLARANTS: JON D. RAPPAPORT REVOCABLE TRUST UNDER THE PROVISIONS OF A TRUST AGREE ENT By VIC on D. Rappa , stee DIANE RAPPAPORT REVOCABLE TRUST UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED SEPTEMBER 17, 1998 By �� Diane S. Rappaport, T s ee �'+ NOTARY PUBLIC STATE OF MINNESOTA ) 13s's MINNESOTA )SS. I b'C My Commsson Eapues 01;312025 COUNTY OF(.4 ✓e✓ ) The foregoing instrument was acknowledged before me this 22Yd_day of OG t oney 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 ) i LAN W SARKIS 11111, NOTARY PUBLIC //' )SS. ' SIr miMINNESOTA COUNTY rTY OF(tee(`� ✓e ) I ry My Comssion Expires 01,31 2025 The foregoing instrument was acknowledged before me this �y�f day of (> f U y 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: �- lj ñ41w11 on I .. Rappaport/ / 4121 / / A .-!..1/.d�� Diane S. Rappaport STATE OF MINNESOTA I LAN W SARKIS J NOTARY PUBLIC )SS. `-_ MINNESOTA bi My Commission E.pves 01,3 L2025 1 COUNTY OFCa r ) The foregoing instrument was acknowledged before me this >'rf day of oG h-Pl/ 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 r day of dddhir 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. /Yrka--(114e,S4,— . Notary Public rlllll./llllllll111J1111 -,_ ANNAMARIE CARLSON 4' NOTARY PUBLIC•MINNESOTA ° , r My Commission Expires Jan.31,20_5 flll�llYlttJl./111./ll1JJJ' 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 cfr / •,-,,,,b0 ', .•••`. ../// _-- —4%, .." ....--. IONek es,,, - ------____ --- g .----\'' , % 1, F7/ c i / 3 s 1;; ik"i / // F� a , 1a� �s� Y W r.; 7• / eg ( Y /L'. �4 /may �r� 0 M ? ,/ ill .., ":„ J c sea zy 1 1/ - gw II d �y$ I � Q. 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