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Home My WebLink AboutSpecial lot combination agreement � � . �7d . . �. Doc No T4788056 Certified, filed and/or recorded on 9/16/10 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 55 Pkg ID 654902 Doc Name: Agreement Document Recording Fee $46.00 Document Total $46.00 Existing Ceris New Certs 1108546 This cover sheet is now a permanent part of the recorded document. , ' ` x i Doc No A9552716 Certified filed and/or recorded on 8/27/10 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer �-, Deputy 45 Pkg ID 650609 Doc Name: Agreement ,;`� Document Recording Fee $46.00 � Document Total $46.00 This cover sheet is now a permanent part of the recorded document. , , � ' � • / (reserved,/or reeording infonna�fon) SPECIAL LOT C(JMBINA'�ION AGREEMENT THIS INDENTURE is made and entered into this�day of t,e u5 �- , 2010, by the CITY OF ORONO, MINNESOTA, a municipal corporation, its successors and assigns (hereinafter referred to as "City"), and CHRISTOPHER JOHNSON BOLLIS and GAIL BOLLIS,husband and wife (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"): PARCEL ID NO. 22-117-23-41-0002 (Torrens) That part of Government Lot 3 lying South of the most Southerly line of Ti^act B, Registered Land Survey No. 129=1 and North of the Westerly extension of the Northerly line of Lot 8, Morse I.sland Park, Section 22, Township 117, Range 23, Hennepin Counry, ��Iinne��ota (hereinafter des�r;bP�? as "Parcel_ A"); ar_d. PARCEL ID NO. 23-117-23-32-0072 (Abstrcrct) Lots 9, 10 and 11, Morse Island Park, Hennepin County, Minnesota (hereinafter described as "Parcel B"); and WHEREAS, Parcel A and Parcel B are contiguous, but are in different school districts which prevents the combination of the parcels into one legally described lot or parcel, and/or for the same or other reason the Hennepin County Assessor cannot combine Parcel A and Parcel B into one parcel for tax purposes; and WHEREAS, Owner has applied for a tax parcel combination of the Properties; and 149988v01 1 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 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 WHEREAS, notwithstanding the above 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. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, Owner hereby covenants, grants, gifts, quit claims and conveys to the City the right to restrict, and Owner hereby agrees to restrict, limit and preclude the ownership. use, improvement and development of the Properties according to and under the conditions and covenants herein contained, as follows: L The City and Owner agree that the Properties shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel, and that the Properties will not be conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. The City and Owner agree that there is no distinction in use between Parcel A and Parcel B and therefore Parcels A and B may be used or developed for any principal use as may be permitted in the zoning district, subject to all performance standards and approvals required therefore. 3. The City shall not issue any building permits, zoning variances or conditional use permits for any structure or use on the Properties inconsistent with the covenants contained herein. 4. Owner hereby grants to the City the right to enter upon the Properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from the Properties, without any liability, any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. S. 112 c1CICl2tlOi1 �O ai��% Ot�1�.T'iE,'i7leuj 'c�Ie Cit)' I112�j��'i$v�, t}l2 CGVeTIaTI�S aT`i'.� T'2St2'1CilOI'iS contained herein may be enforced by injunction. Owner(s) 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 Owner(s) 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. 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 subject to future regulation, modification and/or limitation by the 149988v01 2 City or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of the City. 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 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 BY: _ Aw�e.��1i1 �„�_� Ja es M. White, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�day of f��C GCS , 2010, by James M. White and Linda S. Vee, respectively, the Mayor and City lerk of the City of Orono, Minnesota, a municipal corporation pursuant to the authority granted by its City Council. �� Notary Public BARBARA G•SILUS f r; NOTARY PUBLIC-MINNESOTA My Commission Expres Jan.31,2013 149988v01 3 � .� � O ER: ristophe Joh son Bollis �. / , c�::"_..._ �'l,l_ � Gail Bollis STATE OF MINNESOTA ) ( ss. COUNTY OF�� ) The foregoing instrument was acknowledged before me this ��day of , 2010, by Christopher Johnson Bollis and Gail Bollis, husband and wife. , MONiCA A.F � ADNESS Notary Public ' NOTARY PUBLIC-MINNESOTA `� , My Commission Exqres Jan.3f,2012 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 SMM/srn s�.7� Z3;c:� �s I�n C:� 149988v01 4 PLEASE CHqIV(;E ypUq q��pqp� Mun�ipality�i2('7 N "� PID# 2, -•I 1-t-Z�- 3� 1 Ot�?j 7� Address�-lC� 81 � ��i.�{—�� From �3-ii�-�z3--�3� ,c,�p�i��- To �_ ._I IZ-��- '��_ nr;n�-� Y { L