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HomeMy WebLinkAbout04-20-2007 - Re: subdivision • Page 1 of 1 Melanie Curtis From: Melanie Curtis Sent: Friday, April 20, 2007 3:42 PM To: 'jcomalley@gmail.com' Subject: Subdivision http//www.ci.orono.mn.us/Planning%20&%20Zoninq/A_pplications/Subdivision%20Application%202007.pdf John, As we discussed on the phone today it appears that in order to split off that orphaned piece of property it will need to be done through a subdivision process. The process to best address your case would be a"lot line rearrangement". In addition to the lot line rearrangement you also need to request the Special Lot Combination Agreement granted in 1993 be extinguished. To get you started we will need you (and the potential new owner of the orphaned piece of land)to complete the subdivision application. I have attached a link to the document at the top of the email. Also we would need you to provide a"before"and "after"survey. These surveys should include your property(both pieces)as well as your neighbor's property—that you wish to combine with. They should be shown both before and after. Only 2 versions of the survey are required. These surveys should include all of the existing structures and improvements on both lots as well as call out the before and after property areas of each property. There are detailed requirements in the subdivision packet for the surveys and you can contact me if you need more information. Thank you and have a nice weekend! Melanie Melanie Curtis City Planner, City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct: 952.249.4627 Fax: 952.249.4616 Email: mcurtisAci.orono.mn.us Website: www.ci.orono.mn.us 4/20/2007 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2007 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed ' i land surveyor.Theperimeter and area(square footage and acres)are ,i y (q gapproximates and may contain discrepancies.The information on this page should be used for reference purposes on Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. €i ! M .....— I � 1 F - 1 CD tari I l" ali11 '11 it' .— f �ti l y ', ...1.,:. 38 f LiA,. ?r , . 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"0 aliof "f a%..,, X. 1295 > r X. iy !, 521 i.... d i a , , ,,,, , . 568 . ,......"4 Selected Parcel Data Date Printed:4/5/2007 2:08:57 PM Hennepin Parcel ID:02-117-23-31-0050 Current Parcel Date:04/4/2007 Owner Name:JOHN C&LOIS A O'MALLEY 1 Parcel Address: 290 WOODHILL RD,ORONO,MN 55391 Property Type: RESIDENTIAL Sale Price: $0.00 Homestead: HOMESTEAD Sale Date: / Area(sqft): 105994 Sale Code: Area(acres): 2.43 A-T-B:TORRENS ('�. /^ L) 7 - R C I Market Total: $1,909,000.00 `t �f' Tax Total: $19,204.02 .1C0A-1ALLEy ('-= ' it-44I c • CetG+-1 http://www13.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 4/5/2007 • SPECIAL LOT COMBINATION AGREEMENT This indenture is made and entered into this c.Q day of September , 1993 , by and between Woodhill Country Club their heirs, successors and assigns (hereinafter collectively referred '/ to as "Grantor(s)") and the City of Orono, a municipal corporation under the laws of the State of Minnesota, its successors and assigns (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor(s) are the owner(s) of real property in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows (and hereinafter collectively referred to as the "properties" ) : Lot 1 , Block 1 , Woodhill Ridge 2nd Addition (hereinafter described as "Parcel A" ) ; and Outlot D, Woodhill Ridge 2nd Addition (hereinafter described as "Parcel B" ) ; and WHEREAS, Parcel A and Parcel B are physically separated from each other which prevents their being combined into one legally described lot or parcel , and/or for the same or other reason the Hennepin County Assessor can not combine Parcel A and Parcel B into one parcel for tax purposes; and WHEREAS, notwithstanding the above it is the intant of Grantor(s) and Grantee that Parcel A and Parcel B are and shall hence- forth 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 Grantor(s ) as if 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, Grrantor( s ) hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict, and Grantor(s) hereby agree to restrict, limit and preclude the ownership, use, improvement and development of Parcel A and Parcel B according to and under the conditions and covenants herein contained, as follows: r i � r �; 1. Grantor(s) agree that Parcel. A and Parcel B shall henceforth be contained in common use and ownership even if recorded as separate lots or parcels, and that Parcel ?. and Parcel B will not be used, conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. Grantor ( s ) and Grantcc agree that. Parcel A shall be considered the primary parcel which 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 . Grantor ( s ) and Grantee agree that Parcel B shall be conside-red accessory to Parcel A, and that Parcel B may be used or/developed for accessory uses/as may be permitted in the zoning district, but only at such time that a principal use is established on Parcel A, and subject to all performance standards \ and approvals required therefore. 4. Grantor(s) agree to restrict and limit the use and/or improvement of Parcel B as follows : 1 Notwithstanding the foregoing, Parcel B is an unbuildable parcel of land and no improvements shall be placed thereon 5. Grantee shall not issue any building permit, zoning variance or conditional use permit for any structure or use on the properties inconsistent with the covenants contained herein. 6. Grantor( s ) hereby grant to Grantee the right to enter upon the above described 'properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from these properties without any liability any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 7. In addition to any other remedy Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) who are in possession of these properties shall pay to Grantee all costs and expenses including attorneys fees incurred by Grantee in enforcing the terms of this indenture. 0 8. 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 pert only upon application by Grantor (s ) to Grantee for approval of a "Subdivision" in accordance with the platting code of the City in effect at the time of such application. 9. Grantor(s) agree that recording e this indenture shall not ties and that any zoning or vest any property rights in the prop development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modifi- cation and/or limitation by Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 10. Grantor(s) do not intend that the public should have any interest in the above properties by virtue of this indenture or otherwise, except as hereinabove set forth. All provisions 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 GRANTOR(S) Woodhill Country ub MayoIts : ma_AQi - And j J' • I ' " _ • // t •-ity Cle•1 STATE OF MINNESOTA ) ss. (City Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me. this c day of September , 1993, by �QOWa►-oL. .7.-Ca //a han ,/r. e7/./a,//.'.� , Mayor and City Clerk, respectively, of the Cit'of Orono, a Minnesota municipal corporation, on behalf of the municipal corporation. ii; •• JAMIE L.BOSMA NOTAR UBLIC NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY ` «-•.•• My Comm.Expires 12-19-97 ti Cri-CL.e.../Xle;14-4 ---K-__, ✓lJfll./IlllJII_/lllll./fIJJlfJ�✓3� /, •- / / - 9 / MY COMMISSION EXPIRES STATE OF MINNESOTA) } ss. COUNTY OF HENNEPIN) On this 1(1 day of September, 1993 , before me, a Notary Public within and for said County, personally appeared i1 ' 1 Ll Mod the of Woodhill. Country Club, a �y\t� y)}� (1atyI-) on behalf of the 0 (SIC li' 764 t_;1 V Notary Public V.L. KRAJSA-FRANK s NOTARY PUBUC"MINNESOTA 1, ! HENNEPIN COUNTY i,;yCommission Expires Nov.5.1993 My Commission Expires This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77 . State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono1° 19.5 P. O. Box 66 Crystal Bay, MN 55323 473-7357 BY Hciwr" ''_,_.._' • " x, • • 6172 45 • '- ROAD AND UTI'ILITIES E.ASEi\TE\TI' C THIS INDENTURE-, made this 9th day of September , 19 93, by and -:4 between Woodhill Country Club, a .innesota nonprofit cor- hereinafter referred to as poration ? "Grantor(s)", and the Cite of Orono, a municipal corporation. under the laws of the State of y Minnesota. hereinafter referred to as "Grantee." WITNESSETH, that Grantor(s), in consideration of the sum of One Dollar (51.00) and for other good and. valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, an easement for public ingress. egress, access. road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: Outlot A, Woodhill Ridge 2nd Addition including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain. operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances, including drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns. permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: none IN WITNESS WHEREOF, said Grantor(s) have set their hand(s) on the day and year first above written. Woodhill Country Club (----- By: ,/J Com. • STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this iTtl`- day of ' ,QVC ,• • , 1993 , by M ; c Q .b. C,�pod t e P .,, •., -' ' of Woodhill Country Club, a Minnesota non-profit corporation, on behalf of the corporation. tuvvvomAAAAAAAAmmiwkwwwvimmu NOTARYR PUBHELL fit LIC—MINNESOTA P�INtdESO?P� AJ/1- JqF �- L /�1 ,/J{ Jj� /) `7 Z HENNEPIN COUNTY Notary Public My Commission Expires July 25,1994 _ pivwommiwwwwwwomommtkown STATE DEED TAX DUE HEREON: This instrument is drafted by: _ POPHAM. HALK, SCHNOBRICH & KAUFMAN, LTD. 3300 Piper Jaffray Tower • Minneapolis, MN 55402 (612) 333-4800 SEP 24 1993 I,yENis :39N< [fid'^ Yy4,INI'J By-.,-_,... ...._.T__ `-",;TY