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Home My WebLink Aboutspecial lot combination agreement-2001 , L � � �� • -,� � .� t � C�/j�,-� � .� �• �,�, � �/� �' z o � • � �' ' � -; �3��3�ti�'.fi4 � SC/� � �� m IV m ��'.� D m� � � ��+� � •J.� , � ' \� � �z rn � � (,�v -�-f � � r-,T.--i O�Q �.� �'• --� C'--I � - C\ D �� CJl �,�-i�'�r'1 � � -�� S r--�rrrt�7 V � � G� p c�N� � � r r�v o` � � G: -C-I m r�� . O S1 -< cn n � F� 2� SPECIAL LOT COMBINATION �' G�fARA�TY TITLE, fNC. AGREEMENT � R�X 163 �t-��v� This indenture is made and entered into this 23�d day of July, 2001, by Kristi Roesler�her heirs, successors and assigns (hereinafter collectively referred to as"Grantor") and the City of Orono, a municipal corporation under the laws of the State of Minnesota, its successors and assigns (hereinafter refPrred to as "Grantee"). � � �1 �.la �.L ��r'-Vl.S w� WITNESSETH: � WHEREAS, Grantor is the owner of real property in the City of Orono, Coun.ty of Hennepin, State of Minnesota, legally described as follows (and hereinafter collectively referred to as the "properties"): ��( Lots 17, 36 and the north '/2 of 37, "SKARP AND LINQUIST'S FERNHILL LAKE MTKA" (hereinafter described as "Parcel A"); and Lot 7, "SKARP AND LINQUISTS'S FERNHILL LAKE MTKA" (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 cannot combine Parcel A and Parcel B into one parcel for tax purposes; and WHEREAS, notwithstanding the above it is the intent of Grantor 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 as if they were in fact one parcel instead of two. NOW THEREFORE, for and in consideration of the sum of One Doliar ($1.00) and other valuable consideration, Grantor hereby covenants, grants, gifts, quit claims and conveys to Grantee the right to restrict, and Grantor hereby agrees to restrict, limit and preclude the ownership, use, improvement and development of Parcel A and Parcel B Page 1 of 4 � • � , . * � - . � according to and under the conditions and covenants herein contained, as follows: 1. Grantor and Grantee agree that Parcel A and Pazcel B shall henceforth be contained in common use and ownership even if recorded as sepazate 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 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 and Grantee agree that Parcel B shall be considered accessory to Parcel A, and that Parcel B may be used or developed for lake access purposes only, including the construction of a private dock, but no structures other than said permitted dock shall be constructed on Parcel B unless specifically approved by the City Council pursuant to application by Grantor. 4. Grantee shall not issue any building permits, zoning variances or conditional use permits for any structure or use on the properties inconsistent with the covenants contained herein. 5. Grantor hereby grants 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. 6. In addition to any other remedy Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor who is 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. 7. The terms and conditions of this indenture may be modified, amended or extinguished and thereafter Parcel A and Pazcel B may be subdivided, sold separately or reduced in part only upon application by Grantor to Grantee for approval of a"Subdivision" in accordance with the platting code of the City in effect at the time of such application. Page 2 of 4 • w . • � , . � 8. Grantor agrees that recording of this indenture shall not vest any property rights in the properties 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 Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 9. Grantor does 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 F ORONO Granto ::��. . �',,::_ �+ 4�r�' � �,��,�� aS 4. ' . ,.�� : .: ,�t�� .�, •,,.r�;• Mayor � { � ,_,.��t� ��,,, 1 :�,�;"a• �� t �`�; ,� •i •�,�' ��n+ „� 'f"' '•.t� , °y3��'('s�rr��: .:�;'�, 5,��fl �t r � , t ; :� ` ��G #�; sr / ��,�j, � �,.t -_ °��;�� t�s' , r;r�,,� �, . lerk �'� �. .. �� ' : } � r 4,ti�l,t 1 �� ,�t.,�f*� ��. if am ��. �f2,Rj.�1.,_��'E�'� �'� �"� � L ;�i'�(�' �,.f, • A. �� `'��T':' _�F MINNESOTA ) �s:K •�, � v�.. - ) ss. (City Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 23`d day of July, 2001, by Bazbara A. Peterson and Linda S. Vee, Mayor and City Clerk,respectively, of the City of Orono, a Minnesota municipal corporation, on bel�lf of th munici al corporation. � /, �/ NOTARY PUBLIC __=;<�;;�M.LESKINEiJ G�• �� OU� i NOTARY PUBLIC•MINNESOTA — 1 My�anm�sston�cpbes�an.31,2oos MY COMMISSION EXPIRES Page 3 of 4 " ' " . . . ,_ • • - r � � Y STATE OF MINNESOTA ) ) ss. (Individual Acknowledgment) COUNTY OF HENNEPIN ) On this 23`d day of July, 2001, before me, Notary Public within and for said County,personally appeared � !�•�S(;r�- -A- �r��- �,,. �-v,i„�„ known to me to be the person described in and who executed the foregoing i strument, and acknowledged that he executed the same as his free act and deed. ��`�'F°"` MAR i HA P.WILUAMS � /�/ J� /,/ , ��` MO'a:;'�PUBLIC-h"INNESOTA �/1Y / C '`/�`� ��V�,,(�,;� &'��''�61y Cem�•is;ion Expires Jan.31,2oos- 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 952-249-4600 Page 4 of 4 , • . '°' . ' - ti . . . , r C : ., . 3� � - W Z � • � � I ►-+ � ' � W � � ^ i s G� • �- �