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Home My WebLink AboutSpecial lot combination agreement - , � �� Doc No T4755963 r;• ' Certified, filed and/or recorded on 5/20/10 4:30 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 627124 Doc Name: Agreement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1005617 , �. This cover sheet is now a permanent part of the recorded document. � �. ; , �� -� � --� � (reserved for recording rnformation) SPECIAL L��' C�MBII�IATION AGREEMENT THIS INDENTURE is made and entered into this 3 day of m a f'''� , 2010, by the CITY OF ORONO, MINNESOTA, a municipal corporation, its successors and assigns (hereinafter referred to as "City"), and RECREATION POINT, L.L.C., an Arizona limited liability company (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. 22-117-23-24-0008 (Torrens) Thut part of Government Lot 6, Section 22, Township 117 North, Range 23 West described as follows: Beginning at the intersection of the South line extended of Lot H, Recreation Point (now vacated) with the shore line of Lake Minnetonka; thence Southerly along said shore line to its intersection with the Southerly iine extended of Lot A, said lcecreation Point (now vacated); thence Northeasterly through a point marked with a Judicial Monument, distant 149 feet from the Southeast corner of said Lot A along the Southerly line thereof to the Southeast corner of�saic�Lot, which corner is marked by a Judicial Monument; thence Northeasterly in a straight line to the Southwest corner of Lot V, said Addition (now vacated) which corner is mc�rked by a Judicial Monument; thence Northeasterly along the Southerly line of said Lot V to the Southeast corner of said Lot; thence North along the East line of Lots V and U of said Recreation Point (now vacated) to the Southeast corner of Lot T, said Addition, which corner is marked by a Judicial Monument; thence Westerly crlong the South line of said Lot T to the Southwesterly corner thereof, which corner is marked with a Judicial Monument; thence Northwesterly in a straight line to the Southeust corner of Lot H, said Addition, which corner is marked with a Judicial Monument,• thence Northwesterly along the Southerly line of said Lot H �sobog�o� 1 . , . . through a point marked with a Judicial Monument distant 16�feet from said Southeast corner of said Lot H to point of beginning(hereinafter described as "Parcel A"); and. PARCEL ID NO. 22-117-23-24-0006 (Torrens) Lots 27, 2H, 29, 30, 31 and 32 inclusive, Pleasant View, Lake Minnetonka, Hennepin Counry, Minnesota. The Southwest corner anc�the Southeast corner of said Lot 27 and the Northwest corner of said Lot 32, are marked by Judicial Monuments, (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, andlor 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 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: 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 and Owner agree that there is no distinetion in use between Parcel A and Parcel B and therefare 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 1�0608v01 2 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. 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 accardance 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 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: tt�-� 1'� (/��. � � J es M. White, Mayor ATTEST: , � _ ��-�.�� T �� _ Linda S. Vee, City Clerk �sobos�o� 3 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /��"day of , 20]0, 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. . ._.�.1�N�A'�64y .. .. r /�,� ^` MONICA A. F.ADNESS ` �`�l.�C� ��'` NOTaRv Pueuc��w�Nr�Esora Notary Public '' ��'"� �4y Ccr�mission txpires Jan.31,2012 �-�'�`�;•f?' �soboa�o� 4 , „ ,' , . > ' OWNER: RECREATION POINT, L.L.C. BY: - Its o w n �� m e^^ B And Its STATE OF M�nntsb� ) ( ss. COUNTY OF I��n ncpi� ) The foregoing instrument was acknowledged before me this 2 3 ad' day of I�loc.r'Gh , 2010, by (3ric�n D. ��t'ham �y the vvV Yl�r- � of Recreation Point, L.L.C., an Arizona limited liability company, on behalf of the company. Notary Pub ic BECI(Y KAY MAI� NOTAAY PIJOLlC-IAlE9GTA ,,�:+ My Comrt�aeion E�ifM JM.31,1015 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota SS121 Telephone: (651) 452-5000 SMM/srn 1�0608v01 5