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Home My WebLink About2021 Special Lot Combination Agreement 3 111111 1111 I I LAND TYPE Torrens (T) DOC NUM 5888556 Certified, filed and/or recorded on Oct 28, 2021 1:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 2341663C Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1532239 This cover sheet is now a permanent part of the recorded document. (reserved for recording information) SPECIAL LOT COMBINATION AGREEMENT THIS INDENTURE is made and entered into this ) 11' day of Ocl v her , 2021, by the City of Orono, Minnesota, a municipal corporation, its successors and assigns (hereinafter referred to as "City"), and Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30, 2018 (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner is the fee owner of certain real property in the City of Orono, Hennepin County, Minnesota, legally described as follows (and hereinafter collectively referred to as the "Properties"): Lot 3, Block 1, Shoreline Estates, Hennepin County, Minnesota (hereinafter described as "Parcel A"); and Outlot A, Shoreline Estates, Hennepin County, Minnesota (hereinafter described as "Parcel B"); and WHEREAS, Owners intend to apply for a tax parcel combination of the Properties; and WHEREAS,the City Council has required combination of Parcel A and Parcel B as a condition of its approval of the Shoreline Estates preliminary plat application; and WHEREAS, it is the intent of the Owner 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 Owner as they were in fact one parcel instead of two. 278326 NOW,THEREFORE, for valuable consideration,the sufficiency of which is hereby acknowledged, Owner hereby covenants, grants, gifts, quit claims and conveys to the City the right to restrict, and Owner hereby agrees 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: 1. The City and Owner 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 shall not issue any building permits, variances, or conditional use permits for any structure or use on the Properties inconsistent with the covenants contained herein. 3. Owner hereby grants 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. 4. In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction. Owner who is 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. 5. The parties may mutually agree that the terms and conditions of this indenture may be modified, amended, or extinguished and thereafter Parcel A and Parcel B may be separated. 6. Owner agrees 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 in effect until and unless this indenture is extinguished. The Properties shall be 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. 7. 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. 8. 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. 9. This Agreement may be executed with the use of counterpart signature pages. 2 • OWNER: Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018 BY: - M k Ja •,,s' Trustee 1 STATE OF AMI tt ) )ss. COUNTY OF Ant0iY ) ge9 --Avt/r-regoingfoinstrument was acknowledged before me this day of - ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trus Agreement dated as of April 30,2018. ..ise ..iteet ;•(,) \I( NOTAR UBLI(C rte.,,,, SHELLY LAFAY ZAJICEK .:.,9. Notary Public :r1 State of Minnesota � , My Commission Expires January3l,2026 3 BY: -41A Tki4 , Trisha Blake, Trustee STATE OF Wanfritirit ) )ss. COUNTY OF itni1( u 1 ) he fore oing instrument was acknowledged before me this 'off day of 2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trus Ag4reement dated as of April 30,2018. 4vatz-NOTARY LIC 0 'N.,, SHELLY LAFAY ZAJICEK `, :• aNotary Public -� �: State of Minnesota `�_ i.'...74,;.:,- My Commission Expires y.• January 31,2026 4 CITY OF ORONO B tiri4, Y• Mayor Dennis Walsh (SEAL) By: -7/f Adam Edwards, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this // day of (/Ci-Qh_e{- , 2021, by Dennis Walsh and by Adam 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 Counc' . Notary Public ti ' ,, ANNA MARIE CARLSON NOTARY PUBLIC•MINNESOTA My Commission Expires Jan,31,2025 • rr�u�rrr��irrr�rrr J_' INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (612)452-5000 SNC/jmo 5 MORTGAGEE CONSENT TO SPECIAL LOT COMBINATION AGREEMENT Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018 hold a mortgage on the Property, and agree that the attached Special Lot Combination Agreement shall remain in full force and effect even if it forecloses on its mortgage,to wit: the Mortgage dated August 30,2018, executed by Alexandra Jacobs, as Trustee of The Alexandra Revocable Trust Agreement dated November 22, 2006, and by Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin I . Jacobs dated November 22, 2006, as amended on September 24, 2007, July 10, 2008,and October 23,2009,originally known as The Irwin L. Jacobs Revocable Trust Agreement dated November 19, 1999, as mortgagor to Marquette Companies,LLC,a Minnesota limited liability company, as mortgagee,and recorded on August 30,2018,as Document Number 705557428 in the Office of the Registrar of Titles of Hennepin County,Minnesota,assigned to the undersigned by the Assignment of Mortgage recorded on May 16,2019,as Document No.T05613048 in the Office of the Registrar of Titles of Hennepin County Minnesota. >r� Dated this day ofjWir ,2021. Mark Jacobs and Trisha Blake, each as Trustee for the Irwin L. Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018 BY: l79f/ 17 Mark Jac s,Trustee STATE OF._..11 N ) )ss. COUNTY OF 1)I NONi• The foregoing instrument was acknowledged before me this Std day of Qbe...- ,2021,by Mark Jacobs,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018. 4 "`'+ DAWN L VOLKMAN I NOTARY PUBLIC Notary Public '> Minnesota / My Commission Expires I •+`T Jan 31, 2025 6 rc( BY: ke, Trisha Blake,Trustee STATE OF11 ryci , ) I�' • )ss. COUNTY OF '�`1n ) �4ortbregoing instrument was acknowledged before me this 011 day of ,2021,by Trisha Blake,as Trustee for the Irwin L.Jacobs 2018 Irrevocable Trust Agreement dated as of April 30,2018. % NOTARY ' BLI a�'t,,, SHELLY LAFAY ZAJICEK DRAFTED BY: � ;.� Notary Public CAMPBELL KNUTSON State of Minnesota -74,.. My Commission Expires Professional Association �� January 31,2026 Grand Oak Office Center I 860 Blue Gentian Road,#290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SNC 7