HomeMy WebLinkAboutLot combination agreement and amendment t� ,
��� V��
` � �' M
. �l�l�' �� 1
���1
so �_
OFFICE OF THE REGISTRAR
OF TITLES
� HENNEPIN COUNTY, MINNESOTA
CERTIFIED FILED ON
N O V.30, 1999
3:00 PM
MICHAEL H.CUNNIFF,REGiSTRAR OF TITLES
BY ,DEPUTY
-- — ��IENDv1ENT TO
SPECI.�I, LOT COtiIBINATION AGREE�IENT
h
ANIENDI�IENT MADE this /y;day of �G-�o b-�r' , 1999, by and
between J. Diann Goetten, single ("Goetten") and City of Orono, a municipal
corporation under the laws of the State of Minnesota ("City").
WHEREAS, Goetten is the fee owner of:
Lot 1, Block 1, Blue Hill and Outlot A, Blue Hill, Hennepin County, Minnesota
("Property„);
W�IEREAS, the Property is subject to a Special Lot Combination A�eement
dated March 17, 1993, recorded Au�ust 23, 1994, as Document No. 2544380
("Agreement");
WHEREAS, the parties hereto desire to amend certain restrictions set forth in
para�raph 4(b) of the Agreement re�arding the permitted uses of Parcel B as defined in
the Agreement;
WHEREAS, the City Council of Orono, Min.nesota, on a vote of 4 ayes and 0
nayes approved such amendment at its re�ular City Council meeting held on November
23, 1998.
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowled�ed, the parties hereto a�ree as follows:
l. Para�raph 4(b) of the A�eement is hereby amended, in its entirety, to read
as follows:
"b. Parcel B may be used as an accessory parking area under the
following conditions:
1) A parking area meeting all required setbacks (7� feet�from
shoreline, 10 feet from side and street lot lines) and not
exceeding 750 square feet in hardcover area, may be
established within Parcel B;
2) Grading work to create such a parkin� area within Parcel B
shall be subject to the appropriate land alteration permit;
and
3) A chain barrier shall be maintained across the entrance to
the parking area."
2. All other terms and conditions of the A�reement shall remain the same.
CITY OF ORONO
By � � �2�ti-�� �
ayor J. iann Goetten�
And By ,� _ /
City Clerk
STATE OF MINNESOTA )
) � ss
COUNTY OF �IENNEPN )
,, The foregoing instrument was acknowledged before me this �day of
(�,�'��� , 1999, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk,
respectively of the City of Orono, a Minnesota municipal corporation, who eYecuted this
A�reement and ackno�vled�ed that they executed the same on behalf of the City of
Orono. _
".,�,�., , {,_ ,, c��� ���
�1A.V�h'V��M�'.�h�;�A�'�.�.�,_ r Z
� �,�� ;�UOFr� �G.a'�' ���+±I�� < Notary Public
. 1.
r NOiA-1YPU3LIC•'+tl.'='c50�:! �
� x�' WRIGHT CO�PITY
���!:y Cc�;,misslcn Expir3a Jan.31,2100�
vw�w�.
r
STATE OF M�WESOTA )
) ss
COLTNT`Y OF HENNEPI�i t )
The fore�oin� instrument was aclrnowled�ed before me this�day of
,— , 1999,by J. Diann Goetten, sin�le.
•i ;1=� CP,RQLE A HA.SEMAN u �Q,�,.,��, G.
s ,t,F� NOTPAY FUfiUG�,1!':�'ESOTA
��':��:;:�: HENPJFFfN CCUP�?Y , Notary Public
�\;.', ti'%CC�ILi$:IC��X�I����c.^.31.2CC�1 �"
ti
THIS I'iVSTRU�IT`W:AS"DRAFTED BY:`�_�
Hinshaw&Culbertson
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis,l� 55402
(612)333-3434
SPECIAL LOT COMBINATION
AGREEMENT
This indenture is made and entered into this�`t'`day of �tr-e� , � by and
between Andrew J. Goetten and J. Diann Goetten, husband and wife, their heirs, successors and
assigns (hereinarter collectively refened to as "Grantor(s)") 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, Grantor(s) are the owner(s) of real property in the City of Orono,
Countyo uf Hennepir, State of Miimesota, leQally described as follows (and hereinafter
collectively referred to as the "properties"):
Lot 1, Block 1, Blue Hill
(hereinafter described as "Parcel A"); and
Outlot A, Blue Hill
(hereinafter described as "Parcel B"); and
WHERF:AS, Parcel A and Parcel B are physically separated from each other
wllich prevents their being combined into one legally described lot or parcel, and/or for the same
or other rea��n the Hennepin County Assessor cannot combine Parcel A and Parcel B into one
parcel for tax purposes; and
dVHF,REAS, notwithstanding the above it is the intent of Grantor(s) 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 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, lunit and preclude the
ownership, use, improvement and development of Parcel A and Parcel B according to and under
the conditions and covc;nants herein cuntained, as follows:
1. Grantor(s) and Grantee 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 shall be considered a single parcel for purposes of ineeting any acreage requirements
of the zoning district, 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.
Page 1 of 4
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 and subject to all performance standards and approvals required therefore, and
that such accessory uses shall be allowed only when one of the following conditions is present:
a. Parcel A, Parcel B, and Lot 2, Block 1, Blue Hill are held in common ownership
and a single principal residence exists on the commonly owned property; or
b. Parcels A and B are no longer held in commnn u�it}� T nt �; �ln�k �, 3i�;P gi��
and a principal residence structure has been established on Parcel A.
4. Grantar(s) agree to restrict and limit the use and/or improvement of Parcel B as follows:
a. No structures may be constructed or located on Parcel B except the following:
1) One seasonal dock; location and number of slips allowed shall be per the
regulations of the LMCD.
2) One lock box no greater than 20 square feet in area and no greater than
48 inches in height..
3; Lakeshore access stairway/boat lift/boat landing subject to requirements
of Municipal Code Section 10.56 "Shoreland Management".
b. Parcel B shall not serve as an accessory parking area.
c. Parcel B is created for the exclusive use of the owners of Parcel A.
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.
5. Cr1nY�`�c� }�P7'Pt,i�, brant ro Gr�ntPP t�tP rialZt tn PntPr�,�cn,nrl trP �j,iny� r-lecrrlL'�� rTOpett?�S
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.
Page 2 of 4
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 Grantor(s) to Grantee for approval of a "Subdivision" in accordance with
the platting code of the Ciry in effect at the time of such application.
9. 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 OF.OI`IO C=RANTOR�S)
� / ,�
By `X' o�'
Mayor
�
`�,� i
hnd '^' v � �, - � � �,r�-r,z�,� ��-C-�
ity lerk �
STATE OF MINNESOTA )
) ss. (City Acknowledgment)
COUNTY OF HENNEPIN )
1 he foregoing instrument was ac�cnow:e�ged befor�=ne this�day of �1�rc �� ,
19 93, bY C�c-lc������� � C�« l/a �a �� , .I�c• and �o�o�ti y �1. /��L�/-'� , Mayor
�
and City Clerk, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf
of the municipal corporation.
/ �e� �
Y �"',� NOTAP.YIP B�IC - M NNESOTA NOTARY PUBLIC
;� ��-_= H���iEPIN COUNTY
'�.; 'v'.r ;cnT,isslon expires 8-12-98
�.�..��...r��.
TRANS�ER E�,�- -
N�NNEFlN COLMl�Y 7Aif�. '�.
Page 3 of 4 '
� � 4
�
�v�:�r
. . �
STATE OF MINNESOTA )
) ss. (Individual Acknowledgment) �
COUNTY OF HENNEPIN )
On this j��' day of , 19�, before me, a Notary Public within and for said
� Counry, personally appeared - � w � .��,,,., �� ,,� � "" � �� �� �
known to me to be the person(s) descf}lbed in and�who executed the foregoing instrume'nt, and
acknowledged that he (they) executed the same as his (their) free act and deed.
1 ��► ��,�.:1,•; JAMIE L.�BOSMA � ��-�T� �`'�
� �����q ' NOTARYPUBLIC-MINNESOTA NOTARY PUBLIC
� �..`-�`-,� HENNEPINCOUNTY �-�
,, My Comm.Expires 12-19-97
i. ,_ .'. . . . . _::z..,_ . .....�.r
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
Page 4 of 4
2�443�0
Ht�ISIk}i:li VU ��� '
P,� / `�3
����
a�cF oF r��c�srRx�
OF TITLE3
HENNEPIN C0111V1Y,pA1NNE90TA
CERTIFIED FILED ON
�UG 2 3 1994 9��, �
R�� `��, REf�eNMR
Gf TIT1b�
RY __..__._...._. i�r^UTY
,
/�2�� ��j« ( �,v��� s
✓
�� ' '
POPHAM HAIK
S C H N O B R I C H & K A U F M A N, L 7 D.
U.S. OFFIClS: SUITE 3300 INTCFNAT�ONA.L OFFICE$'
DENVEa,GOLOR�Do 222 SOUTH NINTM STftEET LCIIZIG.GERwAHT
TEL 303-893-1200 MINNEAPOLIS, MINNESOTA 55402 Te�O�1 49-34 1-49 1 8429
MIAMI, FLOftiOA TE� 672-333-4800 STUTTG.�RT� GERMAHr
TEL 303-330-0050 FAX 6 t 2-334-BHBB TEI.OI I a9-71 I-22363
WASMIHGTON, D.C.
TEL202-962-8700 � � — —
3. �
CARRIE L BAZELLA �- - �gQ4
DIRECT DIAL(612)333-2696 ,.SEP. �., �j' v
September 15, 1994
.---_--_ _ _.
�
Dorothy Hallin ' �_ _---�- __
City of Orono � 'J`�"—'
,
P.O. Box 66
Crystal Bay, MN 55323
Dear Ms. Hallin:
� .
Enclosed please find the following documents filed in Hennepin County:
1. Resolution No. 3419 (file no. 1851), recorded as 6323617 on 8/9/94.
2. Resolution No. 3316 (file no. 1841), recorded as 6330479 on 8/24/94.
3. Resolution No. 3440 (file no. 1931), recorded as 6329632 on 8/23/94.
4. Resolution No. 3453 (file no. 1943), recorded as 6328633 on 8/23/94.
5. Easement (Burlington Northern Railroad Company), recorded as 6330477 on
8/24/94.
• 6. Special LotCombination Agreement (Goetten), recorded as 2544380 on
8/23/94.
7. Resolution No. 3432 (file no. 1925), recorded as 6326970 on 8/17/94.
8. Resolution No. 3411 (file no. 1910), recorded as 6326882 on
8/17/94..
9. Resolution No. 3433 (file no. 1932), recorded as 6326883 on 8/17/94.
10. Resolution No. 3445 (file no. 1939)> recorded as 6326884 on 8/17/94
11. Resolution No. 3430 (file no. 1919), recorded as 6326886 on 8/17/94.
327/14071260 9/15/94