HomeMy WebLinkAbout06-29-2023 Declaration of Restrictive Covenant II II II II
LAND TYPE Abstract (A)
DOC NUM 11221164
Certified, filed and/or recorded on
Aug 8, 2023 12:14 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 182 Pkg ID 2590147E
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 DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this 2.1111i day of J{/t V1 i2 , 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 Bayside Road,
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.
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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.]
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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 Atkday of/,/t
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
r.-L= ANNA MARIE CARLSON
L_
° �'`�°2= NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan,31,202.`
226966v1
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 Nr ve-f' )
The foregoing instrument was acknowledged before me this L 1 day of It("IL ,
2023, by Georgette Gabriel Jabbour, as Trustee of Georgette Gabriel Jabbour Trust
Agreement for Children dated November 11, 20 0, as amended, on behalf of the trust.
:,.)6r-N.-L)C.,,,,,A,-\....--
Notary Public
[---
:" JASON PAUL LOCHNER
x NOTARY PUBLIC
` ` MINNESOTA
,s''JMy 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
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EXHIBIT"A"
Legal Description:
The South 870.0 feet of the East 3/8 of the Northeast 'A 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.
(PIN 06-117-23-21-0002/4455 Bayside Road/abstract)
226966v1
CERTIFICATE OF SURVEY FOR
GEORGETTE JABBOUR
a, IN THE NE 1/4 OF THE NW 1/4 OF SECTION 6-11743
HENNEPIN COUNTY,IGIINNESOTA
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