HomeMy WebLinkAboutAmendment to Special combination agreement �—
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, . :r�, ._ � ;; CITY of ORONU
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��,� �•-t; .,".`;�`�:�G Street Address: Mailing Address:
��EgHOg' 2J50 Kelley Parkway P.O. Box 66
---__ Orono, MN 55356 Crystal Bay, MN 55323-0066
February 18, 1999
Andrew Goetten
1385 Fox Street
Wayzata, MN 55391
Re: Amendment to Special Lot Combination Agreement
Dear Andrew:
Enclosed is an amendment to the Special Lot Combination Agreement. This document incorporates
the specific approval conditions granted by the Council on November 23, 1998. City Attorney Tom
Barrett has reviewed and approved the language of this Amendment. �lease review it, and if you
find it acceptable, please return 2 copies signed and notarized, and we will obtain the signatures of
the Clerk and Mayor and forward a final copy to you for filing.
Please contact me at 249-4600 if you have any questions.
Sincerely,
���
�`'' �.
/ '
Michael P. Gaffron
Senior Planninb r'oordinator
encl. (2 copies of Amendment for signature)
_ ;t�l_,jl.-,_ :. ;>`-1�i �iCrr(,
Telephone (612)4`#�-�359 • FAX�'T3=S�Y@-
AMENDMENT TO
SPECIAL LOT COMBINATION
AGREEMENT
WHEREAS,a Special Lot Combination Agreement was executed on March 17, 1993 by and
between Andrew J. Goetten and J. Diann Goetten, husband and wife, their heirs, successors and
assigns (hereinafter colectively refereed 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"); and
WHEREAS, the Grantors and Grantee desire to amend said Agreement, and such
amendment was approved by the City Council of Orono, Minnesota on a vote of 4 ayes and 0 nayes
at the regular City Council meeting held on November 23, 1998.
NOW,THEREFORE BE IT RESOLVED,that condition 4(b.)on Page 2 of the aforesaid
Special Lot Combination Agreement is hereby deleted and the following language substituted in its
place:
"b. Parcel B may be used as an accessory parking area under the following conditions:
1) A parking area meeting all required setbacks(75'from shoreline, 10'from side
lot line, 10' from street lot line) and not exceeding 750 square feet in
hardcover area, may be established within Parcel B.
2) Grading work to create such a parking area within Parcel B shall be subject
to the appropriate land alteration permit.
3) A chain barrier shall be maintained across the entrance to the parking area."
All other provisions of said Agreement shall remain in effect.
CITY OF ORONO GRANTOR(S)
By
Mayor
And
City Clerk
Page 1 of 2
STATE OF MINNESOTA )
) ss. (City Acknowledgement)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged befare me this day of , 1999,
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk, respectively, of the City of Orono, a
Minnesota municipal corporation, on behalf of the municipal corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss. (Individual Acknowledgement)
COUNTY OF HENNEPIN )
On this day of , 1999, before me, a Notary Public within and for said
County, personally appeared Andrew J. Goetten and J. Diann Goetten, husband and wife, know to
me to be the persons described in and who executed the foregoing instrument, and acknowledged
that they executed the same as their free act and deed.
NOTARY PUBLIC
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
612-473-7357
Page 2 of 2
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2750 I�elley Parkway
P.O. Box 66
Crystal Bety, MN 55323
(612) 473-7357
Fa.x: (612) 473-OS10
FAX TRANSMISSION COVER SHEET
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SPECIAZ. LOT COI�I'i�1ATION
AGREEiVIENT
This inc#enture is�-made �nd�ente�ed into this day of , , by and
between Andrew J. Goetten and J. Diann Goetten, husband and wife, their heirs, successors and
assions (hereinafter collectively referred to as "Grantor(s)") and the City of Orono, a municipal
corporation under the laws of the State of Minnesota, its successors and assi;ns (herei.nafter
referred to as "Grantee").
WITNESSET'H:
ti�HEREAS, Grantor(s) are the owner(s) of real properry i.n the City of Orono,
Counry of Hennepi.n, State of Minnesota, legally 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
tiYHEREAS, Parcel A and Parcel B are physically separated from each other
which prevents their being combined into one legally describ�d 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 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, limit and preclude the
ownership, use, improvement and development of Parcel A and Parcel B accordin' to and under
the conditions and covenants herein contained, as follows:
1. Grantor(s) and Grantee agree that Parcel A and Parcel B shall henceforth be contained
in com.mon 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 acrea?e requirements
of the zonin� 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.
Pa;e 1 of 4
2. Grantor(s) and Grantee a�ree that Parcel A shall be considered the pri.mary 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.
^ .. t , ��
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 i.n 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 followin� conditions is present:
a. Parcel A, Parcel B, and Lot 2, Block 1, Blue Hill are held in common ownership
and a sin�le principal residence exists on the commonly owned property; or
b. Parcels A and B are no longer held in common with Lot 2, Block l, Blue Hill
and a principal residence structure has been established on Parcel A.
4. Grantor(s) a?ree 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
re�ulations 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 Manajement".
b. Parcel B shall not serve as an accessory parkinJ 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 pernut
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 contai.ned 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 includin� attomeys fees incurred by
Grantee in enforcin� the terms of this indenture.
Pa�e 2 of 4
8. The terms and conditions of this indenture may be modified, amended or extino ished
and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only
upon application �iy Grantor(s) to Grantee for approval of a "Subdivision" in accordance with
the platting code of the City in e�fect at �he time of such application.
9. Grantor(s) do not intend that the public should have any interest in the above properties
by virtue of th.is 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
' � MaY "
�
And � 0 d�• • �i�—c,�-�J
ty lerk
STATE OF MINNESOTA )
) ss. (City Acknowledgment)
COUNTY OF HENNEPIN )
The foregoing i.nstrument was acknowledged before me this o'��"`�day of �����Gh ,
1993, bY ��f�vc;��� �T C�al�ha�,��t and �o�o�y yl'►• r�a l/;n , Mayor
and Ciry Clerk, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf
of the municipal corporation.
� .u=�,;, Llh'DA S. VEE �� � l/�A�
�:OTARY PUSLIC - MINNESOTA NO �Y P��C
-� MyHcommiaslo� ex�ires�2-06
Pa�e 3 of 4
STATE OF MINNESOTA )
) ss. (Individual Acknowledg-ment) '
COUNTY OF �ENNEPIN )� �,
On this ��day of �b�,1,c.� , 19�3, before me, a Notary Public within and for said
County, personally appeared (�,� �; Q -„ .+ �,�c,�,+�r�.,��s-z�� �--�� u.u-G-�-
known to me to be the persQn(s) desc bed in and ho executed the foregoing instn�.ment, nd
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L.BOSMA ' _ ��,L�
�' N07AAY PUBLIC-MINNES07A
. HQJNEPIN COUNTY TARY PUBLIC
'=�' Comm.FxAites 12-19-97
...,. �Y �
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
,
SPECIAL LOT COMBINATION
AGREEMENT
This indenture is made and entered into this�`f`'day of �tr-�� , � by and
between Andrew J. Goetten and J. Diann Goetten, husband and wife, their heirs, successors and
assigns (hereinafter 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 Hennepin, State of Mi�mesota, 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
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 rea�c�n the Hennepin County Assessor clnnot combine Parcel A and Parcel B into one
parcel for tax purposes; and
EVH�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, limit and preclude the
ownership, use, improvement and development of Parcel A and Parcel B according to and under
the conditions and covc;nants herein contained, 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,
subje:.t 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 c�mm�n witt� T �,r �s R1n�k ?, B�u� ?-�i??
and a principal residence structure has been established on Parcel A.
4. Grantor(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.
Fj. C�»nrC`\�� hPrP�j' br3;it tn �Tr�ntPP trP ria}1t tn PntPr�,�rnn?1 thP a�inyQ rjecrr�l,iQr� pro�erties
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.
Pa;e 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 City 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`70 C�RANTOR�S)
� ,� � �� , I
,
By � ''�� o�.'
Mayor
� `��,
�
��nd � i )• � � .,L--r��,.�-,.�' , L-��'-�
iry lerk
STATE OF MINNESOTA )
) ss. (City Acknowledgment)
COUNTY OF HENNEPIN )
ihe foregoing instrument was acknow:edged befor�me his�day of /11�r�c �� ,
1993, bY C'�c,lcU����� f �« l/a /�a �� , J�., and +i`�o����,� /��. /��z�/"� , Mayor
and City Clerk, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf
of the municipal corporation.
LINDA S. VEE �� �
Y �Y �;k; NOTAP.Y PUBLIC - MINNESOTA NOTARY PUBLIC
� ,�.;—,�_� H��!NEPIN COUNTY
�. � ;cr•T.Ission expires &72-98
3�,..
TR�RSFER ��!M°- :' �:
HENNEFlN COU1�Y TAXr.:. ,:
. w
Page 3 of 4 '
� � �
J�
�Y --- . ... . �
,
STATE OF MINNESOTA )
) ss. (Individual Acknowledgment)
COUNTY OF HENNEPIN )
On this ���' day of , 19�, before me, a Notary Public within and for said
County, personally appeared - � w ,-�.u.���� � '' ° .Lt�:-,� �� �`
known to me to be the person(s) desc��bed in andlwho executed the foregoing instrum�nt, and
acknowledged that he (they) executed the same as his (their) free act and deed.
��.
� ���::.,•,• JAMIE L.BOSMA � `'�'�-�-�� ��`'��
fi `�' NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC
� =
?� '1,V.�*-,�i�`.��,,: HENNEPIN COUNTY ��
-:_�� My Comm.Expires 12-19-97
l� '--�--�--- -- - ,..�.:c.r_ .,._.e.
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
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OF TITLE3
NENNEPIN C011fV1Y,MiNNE90TA
CERTIFIED FILED ON
AUG 2 3 1994 9��� �
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POPHAM HAIK
5 C H N O 8 R I C M & K A U F M A N, L T D.
U.S. OFFICl3: SUITE 3300 INTCRNATIOMA.I OFFICES:
D[NVER,ColoRwoo 222 SOUTH NINTH STREET LCI►ZIG,GERwww•
TEL303-B93-��00 MINNEAPOLIS, MINNESOTA SSd02 T[�O1t49-34 1-49 1 84 29
Mi�wi, F�ortiow Te� 612-333-4800 $TU�TG.IRT��iERMANY
T!�303-530•0030 FAX 61 2-334-8688 TEL 07 149-71 I-2236�
WwSNINGTON, D.C.
TEL 202•962-8700 , .. � —
a �
CARRIE L BAZELLA �- �gQ4
DIRECT DIAL(612)33-1-2696 SEP. �, �j' `�
September 15, 1994
,------- -
�.
Dorothy Hallin ' � _: -- __
City of Orono `� '`�`"`��
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 Lot Combination 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