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HomeMy WebLinkAbout1986-04-14 Lot Combination Agreementr. T 0 wt SPECIAL LOT COMBINATION AGREEMENT This indenture is made and entered into this 14th day of April , 19860 by and between Shaver Corporation of Way za u their heirs, successors and assigns (hereinafter collectively referred to as "Grantor(s)") and the City of Orono, a municipal corporation under the laws f the State of Minesota, its successors and assigns (hereinafter r rred to as "Grantee"). WITNESSETH: WHEREAS, Grantor(s) are the owner(s) 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"): See Attached Exhibit A (hereinafter described as "Parcel A"); and See Attached Exhibit B (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 can not combine Parcel A and Parcel B into one parcel for tax purposes; and WHEREAS, notwithstanding the above it is the intent of Grantor(s) and Grantee that Parcel A and Parcel B are and shall hence- forth 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 Grantor(s) 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, Grantor(s) hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict, and Grantor(s) hereby agree to restrict, limit and preciudc the ownership, use, improvement and dcvelnpment of Parcel A and Parcel B according to and under the conditions and covenants herein contained, as follows: 1. Grantor(s) 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. Grantor(s) 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. Grantor(s) and Grantee agree that Parcel B shall be considered accessory to Parcel A, and that Parcel B may be used or developed for accessory uses as may be permitted in the zoning district, but only at such time that a principal usP is established on Parcel A, and subject to all performance standards and approvals required therefore. 4. Grantor(s) agree to restrict and limit the use and/or improvement of Parcel B as follows: a) Dock to be constructed per applicable standards of LMCD ordinance for lot with less than 40 feet of lineal footage in existance prior to 1970. b) Dock must be constructed and maintained per conditions set forth in resolution granting a permit for the private use of the unused right-of-way if Ferndale Road West. 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. Grantor(s) 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. Grantor(s) 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. fit. The terms and conditions of this indenture may be :nodified, amended or extinguished and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only upon application by Grantor(si 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. Grantor(s) 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, modifi- cation and/or limitation by Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 10. Grantor(s) 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 GRANTOR(S) BY �� _ �- Shaver Corpo on 459 yza to Mayor ` By �a�e's�,.'ShJver , �14 sident And C Clerk STATE OF MINNESOTA ) ) ss. (City Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ?�?/C , 19 byC41/7 �If-t1 and , Mayor and City Clerk, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf of the municipal corporation. n /1 J LZ-Z/A I.=, NOTARY PUBLIC j 0,�I� MY COMMISSION L:XPIRES corm 41486..; STATE OF MINNESOTA ) ) ss. (Corporate Acknowledgment) COUNTY OF HENNEPIN } The foregoing instrument was ,acknowledged before me this day of G1:26� , 1986, by 1,-) -4 n / it, � Tit e) C.7 ct*t✓ IGZ'�r �eci (Name of Corporation) a Minnesota Corporation on behalf of the corporation. IV IWO. d IIN R. OERHARDSON NOTARY PWUGMINNE80TA NOT RY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State need Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 473-7357 k "t III 1 l That part of Lot 6, North Shore Cottage Acres, Lake Minnetonka, lying Northwesterly of the following described line: Commencing at the most Easterly corner of said Lot 6; thence Northwesterly along the Northeasterly line of said Lot 6 a distance of 40 feet to the point of beginning of line to be described; thence Southwesterly parallel with the Southeasterly line of said Lot 6 to the Southwesterly line of said Lot 6 and said line there terminating. "�r1n(-,2t - ) 1+ That part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, described as follows: Commencing at the Nortc.west corner of said Lot 9; thence South along the Westerly line of said Lot 9 a distance of 25 feet; thence at an angle Southeasterly parallel with the North- easterly line of said Lot 9 a distance of 25 feet; thence at right angles Northeasterly parallel with the Westerly line of said Lot 9 a distance of 25 feet to the Northeasterly line of said Lot 9, also being the County Road; thence Northwesterly along said Northeasterly line to the point of beginning. Subject to the following: The perpetual, paramount right of the public to use for the pur- poses of navigation or other public purposes all that part of the above described portion of Lot 9 lying between the ordinary high water mark and the ordinary low water mark of Brown's Bay, Lake Minnetonka.