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Home My WebLink AboutSpecial lot combo agreement Melanie Curtis From: Melanie Curtis Sent: Tuesday, April 20, 2010 2:13 PM To: 'rschmidt@novaspect.com' Cc: Christine Mattson Subject: 50 Landmark Drive Attachments: admin_ci_orono_mn_us_20100420_144809.pdf Rick Please see the attached Lot Combination Agreement. It appears that section 4 on page 2 of this agreement specifically prohibits the construction of an accessory structure on Parcel B—which is the northerly half of 50 Landmark Drive. Let me know if you have any questions. Thank you, Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &Zoning Office 952.249.4620 Email: mcurtisc(�.ci.orono.mn.us Website: www.ci.orono.mn.us 1 . w � _ � �� SPECIAL LOT CO�INATION AGREE1�iE�1'I' . � This indenture is made and entered into this ��. day of ��ti �� t `'`� ' -��.-- , , by and between John Burger and Mary Jane Burger, their heus, succes�ors and assians (hereinafrer collectively referred to as "Grantors" and the Ciry of Orono, a municipal corporation under the laws of the State of Minnesota, its successors and assigns (hereinafter referred to as "Grantee"). WITNESSETH: • WHEREAS, Grantors are the ow�ers �; real rrore.-ry in the City of Orono, Counry of Hennepin, State of Minnesota, legally described as follows (and hereinafte: collectively referred to as the "properties"): Lot 1, Block 1, Burgers Bayside Second Addition (hereinafter described as "Pazcel A"); and Outlot A, Burgers Bayside Second Addition (hereinafter described as "Parcel B"); and WI�REAS, 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 inteni of Grantors and Grantee that Parcel A and Parcel B are and shall henceforth be contimied in common ownership by the same person or persons, and furt�'�er that Parcel A and Parcel B are i.ntended to be used and/or d�veloped in common by Grantors as if they were in fact one parcel instead of two. NOW THEKEFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, Grantors hereby covenant, grant, gif[, quit claim and convey to grantee the right to restrict, and Grantors hereby agree to restcict, li.mit and preclude the ownership, use, improvement and development of Parcel A and Parcel B according to and under the conditions and covenants herein contai.ned, as follow: 1 1. Grantors 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 �vere a sinale pazcel. 2. Grantors and Grantee aaree [hat Parcel A shall be considered the primary parcel which may be used or developed for any principal use as may be germitted in the zonin� district, subject to all performance standards and approvals required therefore. 3. Grantors and Grantee agree that Parcel B shall be considered accessory to Parcel A as area credit to meet current azea requirements of RR-lA Zon.i.no District, and subject to all performance standards and approvals required therefore. 4. Grantors agree to restrict and limit the use and/or improvement of Parcel B as follows: A. Residential accessory structures shall not be built on Parcel B. 5. Grantee shall not issue any building perm.it, zoning variance or conditional use perm.it for any structure or use on the properties inconsistent with the covenants contained herein. 6. Grantors 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 liabiliry 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. Grantors 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. 8. The terms and conditions of this indenture may be modified, amended or exti.nguished and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only upon application by Grantors 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. Grantors 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, modificadon andlor limitation by Grantee or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of Grantee. 10. Grantors 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. 2 . . � - � � 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 GR.ANTORS � . �_. , , , :-y � � ' -+�L—j'; , �- �`,:�-�.�� — By - ., Mayor � � . �' And • iry Clerk `' STATE OF MINNESOTA ) ) ss. (Ciry Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instniment was acknowledged before me this !�_ day of , 19�, by Fa..,n.-1 .T �r�!�,,.(1�.,• Tr• and Doro • �[L'n , Mayor and City Clerk, respectively, of the City of Orono, a Minnesota municipal corporation, on behalf of the municipal corporation. . �c��e��'. , NOTARY PUBLIC , CAROLE A. HASEMAN ` I�WTARY PUBL16-�AINNESOTA ' HENNEPIN COUN7Y MY COMIAISSION EXPIRES&2}9fi MY COMNIISSION EXPIRES STATE OF 1VIINNESOTA ) SS �dividual Acknowledgment) ) COUNTY OF HENNEPIN ) 3 ', . � : On this ��fh day of � � 't , 19� before me, a Notary Public within and for said County, personally appeared r ; �r:�; n`:�a"''� known to me to be the persons(s) described in and who,executed th foregoin� instrument, and acknowledged . that he (they) executed the same as his (their) free act and deed. ' ��J cnRa.e a. wosEn�a,N TARY P LIC NOTARY PIJBLK`.-�IINNESOTA HENNEPIN COUN7Y W COMMISSION EXPIRES 623�96 MY CONINIISSION EXPIRES 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 . 4 Z � . - ' • --�.. � � � . • ,� � � � �'s ,�*,.�.�. � <.� �� n v: ��`��.�� r �' � � � ��`�c� t►_c! 'r o C�,� + g>� =,- � �:. � e , `� .� !�'' c'� :;.; :, < � � �.`,/" r�a -'� --� _'-,� �r' . . �' ;,,; _'.t � (-L\ a` ' � ,,:C`� �� . � T � •�� p r I c:'�'�, -3-'��r . � �� C.�7 '�---' - � C"1 ��° `�T" �'`^ ' v � +� jt� � � W �., tr:C� � /'� .-t/�a�7 � � W^r" � -�i� ,y � � �� , ` . � � _ . . __ ..