HomeMy WebLinkAbout#10-3451 Special Lot Combination Agreement(reserved.for recording i11formatio11)
SPECIAL LOT COMBINATION
AGREEMENT
I
THIS INDENTURE is made and entered into this qf.!J_ day of ,A:t<Ju.S +-,
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 refe1Ted to as "Owner").
WITNESSETH:
WHEREAS, Owner is the fee owner of ce1iain real prope1iy 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 Tract B,
Registered Land Survey No. 1294 and North of the Westerly extension of the Northerly
line of Lot 8, Morse Island Park, Section 22, Township 117, Range 23, Hennepin County,
~Minnesota (hereinafter described as "Parcel A"); and.
PARCEL ID NO. 23-117-23-32-0072 (Abstract)
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
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WHEREAS, no building pe1mit, variance or conditional use pe1mit 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 Bare 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 Prope1iies according to and under the
conditions and covenants herein contained, as follows:
1. The City and Owner agree that the Properties shall hencefo1ih 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 pe1mits, 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 Prope1iies 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.
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 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
Prope1iies 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
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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 fo1ih.
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
ATTEST:
~jt!e.u LindaS.Vee, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this __!1___ day of
fi~u.5:t: , 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.
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BARBARA G. SILUS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2013
~~ikz ✓M
Gail Bollis
STATE OF MINNESOTA )
.ti.., (ss.
COUNTY OF tr,,inep/t1 )
The foregoing instrument was acknowledged before me this ~& --fr\. day of Ju.fy , 2010, by Christopher Johnson Bollis and Gail Bollis, husband and wife.
MONICA A. FADNESS
NOTARY PUBLIC· MINNESOTA
My Commission Expires Jan. 31, 2012
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/srn
1-7 o 13t C\ I-s I And
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Notary Public
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