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Home My WebLink AboutSpecial lot combination agreement ti , Doc No T4737263 Certified, filed and/or recorded on 3/15/10 12:07 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 523916 Doc Name: Agreement Document Recording Fee $46.00 Attested Copy or Dupiicate $2.00 Original Multiple Certificates Affected $20.00 Fee Document Tota/ $68.00 Existing Certs New Certs 675290 1208705 � i � ' �. i ; , I , � This cover sheet is now a permanent part of the recorded document. (reserved jor recording injormation) SPECIAL LOT COMBINATION AGREEMENT � THIS INDENTURE is made and entered into this 8 day of March,2010,by CITY OF ORONO,a Minnesota municipal corporation, its successors and assigns (hereinafter refened to as"City"), and BRIAN E. PALMER and JULIA M. PALMER, husband and wife, their successors,heirs and assigns(collectively hereinafter referred to as"Palmers"). WITNESSETH: WHEREAS,City is the owner of certain Torrens property in the City of Orono, Hennepin County,Minnesota, legally described as and depicted on the attached Exhibit"A", (the "City Lot"); and WIiEREA5,Palmers aze the owners of certain Torrens property in the City of Orono, Hennepin County,Minnesota,legally described as and depicted on the attached Exhibit"B"(the "Palmer Property"); and WHEREAS,the City wishes to sell and the Palmers wish to purchase the City Lot for the purposes of installing a septic system, and personal enjoyment; and WHEREAS,it is the intent of the City and the Palmers that the City Lot and the Palmer Property shall henceforth be continued in common ownership by the same person or persons,and further, that the City Lot is intended to be used by the Palmers as if the City Lot and the Palmer Property were in fact one parcel. NOW,THEREFORE,for and in consideration of the sum of One Dollar($1.00) and other valua.ble consideration,Palmers hereby covenant, grant, gift, quit claim and convey to City the right to restrict, and Palmers hereby agree to restrict,limit and preclude the ownership, use, improvement and development of the City Lot according to and under the conditions and covenants herein contained, as follows: iaa�aa�z 1 l. City and Palmers agree that the City Lot and the Palmer Property shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel, and that the City Lot and the Palmer Property will not be conveyed, sold, leased or otherwise encumbered except together as if they were a single property. 2. The City shall not issue any building permits,zoning variances or conditional use permits for any structure or use on the City Lot inconsistent with the covenants contained herein. 3. Palmers hereby grant to the City the right to enter upon the Palmer Property for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from the City Lot,without any liability, any structures, uses, substances and � natural or unnatural materials inconsistent with the covenants contained herein. 4. In addition to any other remedy the City may have,the covenants and restrictions contained herein may be enforced by injunction. Palmers,who are in possession of the City Lot shall pay to City all costs and expenses including attorney's fees incurred by City in enforcing the terms if this indenture. 5. City does not intend that the public should have any interest in the City Lot by virtue of this indenture or otherwise, except as hereinabove set forth. 6. 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 gy. n'I GrJ�� es M. White, Mayor By: Michael P. on, Assistant City Administrator PALMERS: o�.. � •4�.,.,_ Brian E. Palmer . � J ia M. Palmer i as�aa�z 2 STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) � � Man.� The foregoing instrument was acknowledged before me this � day of F.�rc�'ry, 2010 by James M. White and by Michael P. Gaffron,respectivel the Mayor and Assistant City Administrator of the City of Orono, a Minnesota municipal cozporation pursuant to the authority granted by its City Council. � � �� Notary ublic LINOA S.VEE NOTARY'PUBUC-MINNE�TA My Commtssia►Expres Jan.31,2015 STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this��day of February, 20I0, by Brian E.Palmer and Julia M. Palmer,husband and wife. N b ic �pSEpH J.ANDERSON NOTARY PUBLIC-MINNESOTA I�y Commissian Expires Jan.31,2015 DRAFTED BY: CAMPBELL KNUTSON Professional Association 3I7 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/jmo tas�aa�2 3 EXHIBIT "A" TO SPECIAL LOT COMBINATION AGREEMENT Ci Lot: Parcel ID No. 35-118-23-43-0023 Property Address: 11 SO Lyman Avenue, Orono, MN Legal Description: That part of Tract A lying Easterly of the following described line: Beginning at the most Northerly corner of said Tract A; thence Southerly to a point on the South line of said Tract A, distant 120 feet West from the Northeast corner of Tract B,Registered Land Survey No. 1067, Hennepin County,Minnesota which lies Southwesterly of Line A described below: Line A: Beginning at Right of Way Boundary Corner B13 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-134;thence Northwesterly on an azimuth of 302 degrees 53 minutes 43 seconds along the boundazy of said plat for 58.51 feet to Right of Way Boundary Corner B 14; thence deflect to the left along the boundary of said plat on a tangential curve,having a radius of 11279.16 feet and a delta angle of 03 degrees 42 minutes 00 seconds, for 728.39 feet to Right of Way Boundazy Corner B15 and there terminating. Subject to the following restrictions and reservations: No access sha11 be permitted to Trunk Highway No. 12 from the lands herein conveyed; The State of Minnesota reserves a wall maintenance, footing and drainage easement in perpetuity on that part of the lands herein conveyed which lies Northeasterly of the following described line: Beginning at Right of Way Boundary Comer B12 as shown on said Plat No. 27-134; thence Northwesterly on an azimuth of 302 degrees 53 minutes 43 seconds along the boundary of said plat for 98.41 feet to Right of Way Boundary Corner B20;thence deflect to the left along the boundary of said plat on a tangential curve,having a radius of 11264.16 feet and a delta angle of 03 degrees 47 minutes 54 seconds, for 746.75 feet to Right of Way Boundary Corner B 16 and there terminating; Together with a nonexclusive easement for road purposes over that part of Tract B, Registered Land Survey No. I067, lying within 15 feet on each side of the following described centerline: Commencing at the Southwest corner of said Tract B;thence on an assumed bearing of North 87 degrees 45 minutes 40 seconds West on the Westerly extension of the South line of said Tract B a distance of 13 feet to the point of begiiuiing of the centerline being described;thence North 14 degrees 20 minutes East a distance of 6632 feet; tas�aa�2 4 thence along a tangential curve to the right having a radius of 120 feet and central angle of 47 degrees a distance of 98.44 feet; thence North 61 degrees 20 minutes East a distance of 97.80 feet; thence along a tangential curve to the right having a radius of 730 feet and central angle of 12 degrees a distance of 152.89 feet; thence North 73 degrees 20 minutes East a distance of 290.63 feet to the North line of Tract B and there ending as contained in Doc No. 1422743; (See Order poc No.1616118) (Torrens Property—Certificate No. 1208705) tas�aa�z 5 EXHIBIT "B" TO SPECIAL LOT COMBINATION AGREEMENT Palmer Propertv: Parcel ID No. 35-118-23-43-0022 Property Address: 1190 Lyman Avenue, Orono, MN Legal Description: That part of Tract A, lying Westerly of the following described line: Beginning at the most Northerly corner of said Tract A; thence Southerly to a point on the South line of said Tract A, distant 120 feet West from the Northeast corner of Tract B, and there terminating, Registered Land Survey No. 1067, Hennepin County, Minnesota. Together with a nonexclusive easement for road purposes over that part of Tract B, Registered Land Survey No 1067, lying within 15 feet on each side of the following described center line: Commencing at the Southwest corner of said Tract B; thence on an assumed bearing of North 87 degrees 45 minutes 40 seconds West on the Westerly extension of the South line of said Tract B a distance of 13 feet to the point of beginning of the center line being described;thence North 14 degrees 20 minutes East, a distance of 66.32 feet; thence along a tangential curve to the right having a radius of 120 feet and central angle of 47 degrees a distance of 98.44 feet; thence North 61 degrees, 20 minutes East a distance of 97.80 feet;thence along a tangential curve to the right having a radius of 730 feet and a central angle of 12 degrees a distance of 152.89 feet; thence North 73 degrees 20 minutes East,a distance of 290.63 feet to the North line of Tract B and there ending, as contained in Document No. 1422743, see Order pocument No. 1689159; (Torrens Property— Certificate No. 675290) tas�aa�2 6 4850-8460-1861�2 2/10/2010 4:S1 PM