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HomeMy WebLinkAboutAmendment to Special Lot Combination AgreementAMENDMENT TO SPECIAL U.I.LCOMBINATION AGREEMENT AMENDMENT MADE this /10 day of December, 1998, by and between Gary R. Valerius and Christine M. Valerius, husband and wife ("Valerius") and City of Orono, a municipal corporation under the laws of the State of Minnesota ("City"). WHEREAS, Valerius are the contract for deed purchasers of: Lot 2, Block 1, Burgers Bayside Second Addition ("Property") pursuant to that certain contract for deed dated November 4, 1993, recorded November 12, 1993, as Document No. 6181589, WHEREAS, the Property is subject to a Special Lot Combination Agreement dated August 4, 1993, recorded October 7, 1993, as Document No. 6163878 ("Agreement"); WHEREAS, the Property has been subdivided and replatted as Lots 1 and 2, Block 1, Valerius Addition; WHEREAS, the parties hereto desire to release Lot 1, Block 1, Valerius Addition from the terms, conditions and restrictions contained in the Agreement; WHEREAS, Valerius, as owners of Lot 1, Block 1, Valerius Addition and on behalf of their successors and assigns in interest to said Lot 1, desire to surrender the benefits and privileges provided for in the Agreement a§ they may benefit said Lot 1; WHEREAS, the parties hereto desire to amend the agreement and to provide that Lot 2, Block 1, Valerius Addition shall be combined with Outlot B, Burgers Bayside Second Addition and subject to the terms, conditions and restrictions and benefit from the privileges provided for in the Agreement. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Lot 1, Block 1, Valerius Addition is hereby released from the terms, conditions and restrictions of the Agreement and shall no longer benefit from the privileges granted in the Agreement. 2. The description of Parcel A in the Agreement is hereby amended to read, in its entirety as follows: "Lot 2, Block 1, Valerius Addition." 36 All other terms and conditions of the Agreement shall remain the same. CITY nF ORONn E And By City Clerk STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of DlTed L�-., 1998, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk, respectively of the City of Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City of Orono. ���.• �. CAROLE A. HASEMP.N NOTARY PUBIIC-MINNESOTA ' HENNEPIN COUNTY �w�• My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) iiS_� C 1 • .�y��z.� Notary Public The foregoing instrument was acknowledged before me this l$��"` day of N. , 1998, by Gary R. Valerius and Christine M. Valerius, husband and wife. THIS INSTRUMENT WAS DRAFTED BY: Hinshaw &Culbertson 3100 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 TAXr^AYE 7 `3EpV10E 8 TRAIIS[=ER ENTERED MHEWOM IN OUNTY MINN. .�— pEPUTY Notary Public ••••• MARCIA PLOTNIK � �''� NOTARY PUDLIC-MINNESOTA � WR!CHT COUNTY j �.,,.,.. My Comm. Expires Jan. 31, 2000 j CONSENT The undersigned having an interest as owner and contract for deed vendor in the property described in the foregoing Amendment to Special Lot Combination Agreement ("Amendment"), hereby consents to the Amendment and further agrees that their interests are subject and subordinate to the agreements contained in the Amendment. IN WITNESS WHREOF, the undersigned has caused this Consent to be executed effective as of dl, l V ; 1998. COUNTY OF This instrument was acknowledged before me on �LC • ``��h 1998, by John Burger and Mary Jane Burger, husband and wife. Hinshaw &Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 Notary Public ;;;�; ..NIARCIA PLOTNIK � a `�` NOTARY PUBIIC•MINNESOTA 1 WRIGHT COUNTY MY Comm. Expires Jan. JI, 2000 �...�,..4.._.. �..,,.. W..Aft,..,f CONSENT The undersigned ("Mortgagee") having an interest as mortgagee in the property described in the foregoing Amendment to Special Lot Combination Agreement ("Amendment"), pursuant to that certain Mortgage dated July 26, 1991, filed August 8, 1991, as as Document No. 5812206, with the County Recorder in and for Hennepin County, Minnesota, ("Mortgage") hereby consents to the Amendment and further agrees that the Mortgage is subject and subordinate to the agreements contained in the Amendment. IN WITNESS WHREOF, the undersigned has caused this Consent to be executed effective as of December 23 , 1998. Sam Rizzuti, STATE OF Iowa ) COUNTY OF Po k ) MORTGAGEE Principal Life Insurance Company, Principal Mutual Life Insurance Company This instrument was acknowledged before me on 1998, by Sam Rizzuti Insurance Company*a corporation behalf of the corporation December 23 the Authorized Signatory of Principal l�hrttr�l Life under aw the ls of Iowa THIS INSTRUMENT WAS DRAFTED BY: Hinshaw &Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 Notate Public on S. HUMPHm'�teY . > MY COiumBSmON FXPIR�S June 24, 2000 The undersigned ("Mortgagee") having an interest as mortgagee in the property described in the foregoing Amendment to Special Lot Combination Agreement ("Amendment"), pursuant to that certain Mortgage dated October 7, 1996, filed December 3, 1996, as Document No. 6671309, with the County Recorder in and for Hennepin County, Minnesota, ("Mortgage") hereby consents to the Amendment and further agrees that the Mortgage is subject and subordinate to the agreements contained in the Amendment. IN WITNESS WHREOF, the undersigned has caused this Consent to be executed effective as of �ti �'' , 1998. State Bank of Long Lake COUNTY OF efNINe 9� ) This instrument was acknowledged before me on �ec , �Q, , 1998, by`V\m()s, () . �c�h the ` �, o�Ct�ce+- of State Bank of Long Lake, a corporation under the laws of Minnesota on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Hinshaw &Culbertson 3200 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612)333-3434 Notary Public �A;�;;;�•4, P�9ARCIA PLOTNIK � ®'' NOTAfiY t �'•. �� j 1WRICHT COUNTY PUBLIC-MINNESOTA ":••..r,.;:•../ M Cawomm 4 Y . Cxpir®3 Jan, S�, Q�p ®..®..~..m.,....�.. ..�..®...w..I �. �. ,�� .� � t � � ra �. a .,.� �.. V� - �l `����_ �� .I', � � �� �_'� a � ^ G, ' ��/, w t•.i ca mmm a�°o o'�a `ova 00 t0 OC1 d � d js :� fi� c7nc, Boa =o - . r.,� w t,� �-� '' o00 �- u�itnc�n r; . {� -,�-� l0 tiD 1� , _ _ �OQ _ ,_ �,,p. �..... [/); � _ 1 D;; ��G �n b � ��