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HomeMy WebLinkAbout2023 Declaration of Restrictive Covenant (reserved for recording) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this 9 day of J LA r , 2023, by the undersigned, GEORGETTE GABRIEL JABBOUR, AS TRUSTEE OF THE GEORGETTE GABRIEL JABBOUR TRUST AGREEEMENT FOR CHILDREN DATED NOVEMBER 11, 2010, AS AMENDED ("Declarant"). WHEREAS, Declarant is the fee owner of real property located at 4455,Orono,Minnesota [PIN No.06-117-23-21-0002], legally described on the attached Exhibit"A"("Subject Property"); and WHEREAS, Declarant has applied to the City of Orono for Permit No. RAS23-000036 to construct a 1,720 square foot detached building ("Oversized Accessory Building") depicted on the attached Exhibit "B"; and WHEREAS, as a condition of issuance of the Permit and pursuant to City Code Section 78-1434(3), the Declarant agrees 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 party hereby declares, imposes upon, creates and establishes the following covenants, conditions and restrictions upon the Property: 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. 226966v1 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, its successors, 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.] 226966v1 CITY OF ORONO By: Dennis Walsh,Mayor B • Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this pNtkday of 2023 by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corp tion, on behalf o e corporation and pursuant to the authority granted by its City Council. otary Public T ,, ANNA M ,RIE CARLSON..fir -0 i5 NOTARY PUBLIC•MINNESOTA �d �►.- My Commission Expires Jan,31,202: 226966v 1 DECLARANT: GEORGETTE GABRIEL JABBOUR, AS TRUSTEE OF THE GEORGETTE GABRIEL JABBOUR TRUST AGREEMENT FOR CHILDREN DA ED NOVEMBER 11, 2010, AS AMENDED By Georgette Gabriel Jabbour, Trustee STATE OF MINNESOTA ) )ss. COUNTY OF Cnr ve 7 ) The foregoing instrument was acknowledged before me this 2 ti day of JA#1R., , 2023, by Georgette Gabriel Jabbour, as Trustee of Georgette Gabriel Jabbour Trust Agreement for Children dated November 11, 2A., as amended, on behalf of the trust. r C---__. ‘r.)C..\''2 r .i.i.4.01‘.....--- Notary Public -"',2.: JASON PAUL LOCHNER ' NOTARY PUBLIC e7 MINNESOTA ~ W ty`' My Commission Expires Jan 31,2024 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 226966v1 EXHIBIT "A" Legal Description: The South 870.0 feet of the East 3/8 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian. ALSO The East 30.0 feet of that part of said East 3/8 lying North of said South 870.0 feet and Southerly of County Road No. 84, Hennepin County, Minnesota. 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