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Home My WebLink About#1734 Special Lot Combination (6163878)-', SPECIAL LOT COl\iIBINATION AGREEi\-IENT ., This indenture is made and entered into this w r--1--day of f l1..r-} ." ((( lr, 3 by and between John Burger and Mary Jane Burger, their heirs, successors and assigns (hereinafter collectively referred to as "Granters" 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, Granters are the owners 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 2, Block 1, Burgers Bayside Second Addition (hereinafter described as "Parcel A"); and Outlot B, Burgers Bayside Second 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 cannot combine Parcel A and Parcel B into one parcel for tax purposes; and WHEREAS, notwithstanding the above it is the intent of Granters and Grantee 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 Bare intended to be used and/or developed in common by Granters 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, Grantors hereby coveil3.D.4 grant, gift, quit claim and convey to grantee the right to restrict, and Grantors 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 folloy.r: 1. i- 1. Grantors 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 A and Parcel B will not be used, conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. Grantors and Grantee 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. Grantors and Grantee agree that Parcel B shall be considered accessory to Parcel A, and that Parcel B may be used or dev..eloped for accessory uses as may be permitted in the zoning district, and subject to all performance standards and approvals required therefore. 4. Grantors agree to restrict and limit the use and/or improvement of Parcel B as follows: A. Parcel B shall continue to provide sole and exclusive riparian use and access to Parcel A. B. Parcel B shall never be used for the temporary or permanent parking of vehicles. 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. Grantors 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. Granters 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. 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 part only upon application by Granters 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. Grantors agree that recording of this indenture shall not vest any property rights in the properties and that any zoning or development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modification and/or limitation by Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 2 --, ... 10. Granters 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 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. GRANTORS (City Acknowledgment) The foregoing instrument was acknowledged before me this ~ day of 4.,941 , t . , 19_13 by l&JMiu:J ;c & 1/d~n, ;Jc . and . Doca±by H·. bl-a {I;., . , Mayor and City Clerk, respectively, of the City of Orono, a Mmnesota mumc1pal corporation, on behalf of the municipal corporation. e CAROLE A. HASEMAN NOTARY P\JBLI0-4,l,_.ESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 8-23-118 3 Ca;t,-1, ; C. 4.MNUw NOTARY PUBLIC' MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. (Individual Acknowledgment) On this4+i-i day of 4,, ,,0 + , 1993, before me, a Notary Public within and for said County, personally appeared~hn B,,~c and /¾ry Jin e 13utgec :~~~f;'.." known to me to be the persons(s) described in and who ex uted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES ~IIB 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 Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 4 7 CONSENT TO SPECIAL LOT COMBINATION AGREEMENT The undersigned hereby consent to that certain Special Lot Combination Agreement entered into between John Burger and Mary Jane Burger, Granters, and the City Orono, Grantee, regarding Lot 2, Block 1, and Outlet B, Bu a sides Addition. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this /I) day of(~~~~~'~.___, 1993, before me personally appeared Chri~ M. Vale Christine M. Brickley and Gary Valerius, wife and husband, to me known to be the persons described in and who signed the foregoing instrument, and acknowledge that they executed the same as their fr:Z::;d ~ed ·, , ., .~n~ (u~y Publi(l:Jli- Nor• All.£, U111101A HENNEPIN COUN1Y Myc.im ~ May 21, 1• THIS INSTRUMENT WAS DRAFTED BY: James D. MacKinnon 730 East Lake Street Wayzata, Minnesota 55391 - · .. :-, -< r I ........ -..,,