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Home My WebLink AboutSpecial Lot Combination Agreement G S r (itde�xedfor►ernr�ni8 ipfo�aioff� SPECIAL LOT COMBINATION AGREEMENT THIS INDENTURE is made and entered into this Z-1 day of l)�r:Pm bee—, 2011,by the CITY OF ORONO,MINNESOTA,a municipal corporation,its successors and assigns(hereinafter referred to as"City"),and RANDALL J.HOGAN AND SARA G. BOG^husband and wife(hereinafter referred to as"Owners'. WITNESSETH: WHEREAS,Owners are the fee owners of certain real property in the City of Orono, Hennepin County,Minnesota,legally described as follows(and hereinafter collectively referred to as the"Properties"): PARCEL ID NO.03-117-23!32-0012(Abstract) Lot 1,Block 1,Bill Kelley's Land Third Division, Hennepin County,Minnesota (hereinafter described as"Parcel A");and PARCEL ID NO,03-117 23-23.0014(Torrens) That part of thefollowing described property: The North One-fourth of the Northwest Quarter of the Southwest Quarter of Section 3, Township 117,Range 23,Hennepin County,Minnesota except the South 198.00 feet of the West 2 79.32feet of said North One-fourth of the Northwest Quarter of the Southwest Quarter, Which lies easterly of the northerly extension of the west line ofLot 1,.Block 1, BILL KELLEY'S LAND THIRD DIVISION,Hennepin County,Minnesota(hereinafter described as"Parcel B");and WHEREAS,Owners have applied for a tax parcel combination of the Properties;and WHEREAS,no building permit,variance or conditional use permit shall be issued for any purpose on any record lot composed of two or more tax parcels unless the owner of such kehwrt Jr. bUrA -6tU i6os�s�t I I-14�so/4s'ta�6 ' • 1 I i I record lot shall apply for a formal combination of all commonly owned property into one tax parcel,which shall be executed and filed in the chain of title of each separate parcel;and WHEUAS,notwithstanding the above it is the intent of the Owners and the City that Parcel A and Parcel B are and shall henceforth be continued in common ownership by the same person or persons,and further that Parcel A and Parcel B are intended to be used and/or developed in common by Owners as they were in fact one parcel instead of two. NOW,THEREFORE,for and in consideration of the sum of One Dollar($1.00)and other valuable consideration,Owners hereby covenant,grant,gift,quit claim and convey to the City the right to restrict,and Owners hereby agree to restrict,limit and preclude the ownership, use,improvement and development of the Properties according to and under the conditions and covenants herein contained,as follows: I. The City and Owners agree that the Properties shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel,and that the Properties will not be conveyed;sold,leased or otherwise encumbered except together as if they were a single parcel. 2. The City and Owners agree that there is no distinction in use between Parcel A and Parcel B and therefore Parcels A and B may be used or developed for any principal use as may be permitted in the zoning district,subject to all performance standards and approvals required therefore. 3. The City shall not issue any building permits,zoning variances or conditional use permits for any structure or use on the Properiies inconsistent with the covenants contained herein. 4. Owners hereby grant to the City the right to enter upon the Properties for the purposes of inspection and enforcement of the covenants contained herein,and to cause to be lawfully removed from the Properties,without any liability,any structures,uses,substances and natural or unnatural materials inconsistent with the covenants contained herein. 5. In addition to any other remedy the City may have,the covenants and restrictions contained herein may be enforced by injunction. Owners who are in possession of the Properties shall pay to the City all costs and expenses including attorney's fees incurred by the City in enforcing the terms if this indenture. 6. The terms and conditions of this indenture may be modified,amended or extinguished and.thereafter Parcel A and Parcel B may be subdivided,sold separately or reduced in part only upon application by Owners to the City for approval of a"Subdivision"in accordance with the subdivision ordinance of the City in effect at the time of such application. 7. Owners agree that recording of this indenture shall not vest any property rights in the Properties and that any zoning of development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation,modification and/or limitation by the City or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of the City. 16o875A 2 i i 8. The City does not intend that the public should have any interest in the Properties by virtue of this indenture or otherwise,except as hereinabove set forth. 9. All-Y rovisions hereof shall run with the land and shall extend to and bind the heirs, successors,+representatives,grantees or assigns of the respective parties hereto. CITY OF ORONO fa i '�'• BY: Y ,::!nr � r*•; ":;; Lili Tod McMillan,Mayor L ��' +•L1n`da%S:-?fie;.,ity Clerk STATE OF MINNESOTA } )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 22•day of +Dec o ,2011,by Lili Tod McMillan and Linda S.Vee,.respectively,the Mayor and City Clerk of the City of Orono,Minnesota,a municipal corporation pursuant to the authority granted by its City Council. Notary Public BARBARA G.SIWS MyWW PUBLIC-LWNE$OrA 1�Coabn qn 61.4013 160873v1 3 i OWNFM.- Randall 3.Hoge • '`Baia Ci,Hog . STATE OF MINNESOTA ) COUNTY OF ,j�Me6Dz ) 8. The foregoing Inslrwment was acknowledged before me this -day of 2011,by Randall J.Hogan and Sara 0.Hogan,husband and wife. blio MANCY Jo PECHONI K ' � NOTARY PUBLIC•YNINEBOTA py Comm Expl(ja Jw,31.HIS DRAFM BY: CAUPOLLKHMOH Projesatorral.l mdg1lan 317 Bagaadale Office CQntor 1380 Corporate Center Girve Sagan,Minmota 55121 Telephoae: 651452-5000 SMW#jh W0875vI 4 j �v1I i v Doc No A9748693 Certified,filed and/or recorded on 218112 10:03 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick,Acting County Recorder Mark V. Chapin,County Auditor and Treasurer Deputy 9 Pkg ID 772749C Doc Name: Agreement Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document, ' 4 Doc No T4914400 Certified,filed andlor recorded on ' 42/30/11 12:47 PM Office of the Registrar of Titles Hennepin County,Minnasote Martin McCormick,Acting Registrar of Titres Mark V.Chapin,County Auditor and Treasurer Deputy 55 Pkg ID 760674 Doc Name:Agreement Docurnent Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1344437 STATE OF MINNESOTA,COUNTY OF HENNEPIN CerUNed to be a true and correct copy of the AR O�rf�, original on Nle and of recons In nV dke FEB o 8 2012 MARTIN MCCORMICK,ACTING COUNTY RECORDERIREGIS•TRAR OF TITLES . By �• �.�1�-�o Deputy N�oun�_. This cover sheet is now a permanent part of the recorded document. I