HomeMy WebLinkAboutrelease of land/special combo agreement RELEASE OF LAND FROM
SPECIAL LOT COMBINATION AGREEMENT
(Reserved for Recording Data)
RELEASE OF LAND FROM
SPECIAL LOT COMBINATION AGREEMENT
RECITALS:
A. The City of Orono, a Minnesota municipal corporation(hereinafter referred to as
"City") entered into that certain Special Lot Combination Agreement on July 8, 1994 attached
hereto as Exhibit"A" concerning property legally described as Lot 1, Block 1 and Oudot A,
BLUE HILL, Hennepin County, Minnesota(hereinafter referred to as the "Subject Property").
The Special Lot Combination Agreement was recorded with the Office of the Registrar of Titles
for Hennepin County, Minnesota on August 23, 1994 as Document No. 2544380 (hereinafter the
"Agreement"); and
B. The Agreement was subsequently amended by that certain Amendment to Special
Lot Combination Agreement dated October 14, 1999 attached hereto as Exhibit"B", and
recorded with the Hennepin County Registrar of Titles Office on November 30, 1999 as
Document No. 3229464 (hereinafter the"Amendment"); and
C. The City has been requested by property owner to release the Subject Property
from the Agreement and the Amendment; and
D. The City is satisfied that the Agreement and the Amendment are no longer
necessary.
136405v02 1
SRN:r01/14/2008
NOW,THEREFORE,BE IT KNOWN AS FOLLOWS:
That the Subject Property is hereby released from that certain Agreement and that certain
Amendment concerning the Subject Property attached hereto as Exhibit"A"and Exhibit"B".
Dated: Tana Gr /I{ , 2008.
/ /
CITY OF ORONO
BY: m1 4JA&
(SEAL) ames M. White,Mayor
AND 4,06---
I. ._.,_"_.
Linda S.Vee, City Clerk
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /rah day of
, 2008, by James M. White and by Linda S. Vee,respectively the Mayor and
ty Clerk of e City of Orono, a Minnesota municipal corporation, on behalf of the corporation
i
and pursuant to the authority granted by its City
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RACHEL DODGE NOTARY PUBLIC
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PUBLIC-MINNESOTA g
y Commission Expires Jan.31,2010 1`1
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THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite#317
Eagan,Minnesota 55121
Telephone: (612)452-5000
SRN:ms
136405v02 2
SRN:r01/1 4/2008
EXHIBITA
2544380 k
SPECIAL LOT COMBINATION
• AGREEMENT
This indenture is made and entered into this 74--clay of 5rti , qct.6.1by and
between Andrew J. Goettea and J. Diann Gotten,husband and wife,their heirs, successors and
assigns (hereinafter collectively referred to as "Grantor(sr) and the City of Orono, a mtnaicipal
corporation under the laws of the State of Minnesota, its successors and assigns (hereinafter
referred to as "Grantee").
WTINESSETII:
WHEREAS, Grantor(s) are the owner(s) of real property in the City of Orono,
County of Hennepin, State of Minnesota, legally described as follows (and hereinafter
collectively referred to as the 'properties"):
fi
crc CLot 1, Block 1, Blue Hill
Ft/0V
• (hereinafter described as 'Parcel A"); and
Pr
COutlot A, Blue hill
$1103(
(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
•
SAS,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, Grantorts) hereby covenant, grant, gift, quit claim and convey
toGrantee the right to restrict, and Grantor(s) hereby agree to restrict, limit and preclude the
ownership,.11 a yd vek enc o�Pa=LA and Parcel B according to and under
• '. the conditions and covenants herein contained,as follows:
. 1. Grantor(s) and Grantee agree thatarcel 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 meeting 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 1of4
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 common with Lot 2, Block 1, Blue Hill
and a principal residence structure has been established on Parcel A.
4. Grantor(s) agree to Festriet andlimit the use and/or improvement of Pareett 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 quill 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 liftfboat l v irg subject to requirements
of Municipal Code Section 10.56 "Shoreland Management".
b. Parcel B shall not serve as an accessory parking area.
e. 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.
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 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
- • - . r
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 chat extend to.and bind the heirs,
• successors, representatives, grantees or assigns of the respective parties hereto.
•
CITY OF ORONO, GRANTOR(S)
1..e,b(i
•
4f.- '
Mayo r
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• �e,a' l"ty . .. .'"; Civ' erk1(:)ti 49Zr+.1.1°..rt.r::)gitottM!CV.i.2
'•�.Eyy�!��i•'•.�•'f•"' tom'' ./.`- 'r"
;.•--.;,,.07,•,,.' �•' r••
TATE OF MINNESOTA ) •
) ss. (City Acknowledgment) E
• COUNTY OF'HENNEPIN )
' The foregoing instrument was acknowledged before inc this Midday of fl/U r
1943,by Falai arcl.1, e //aan1.77e. and Lori1-4y f)?. ria /7/n ,Mayor
•and City Clerk,respectively, of the.City of Orono, a Minnesota municipal corporation, on behalf
• of the municipal corporation.
LINDA S. VEE ' �v• //2.J .
;k;�.: NOTARY PUBLIC MINNESOTA NOT Y PUBLIC
=1"sZ NN
HEEPEN COUNTY
. 4,_, ... My oommisslon expires B-12-96
TRANSFER EN'"-
HSiNEP1N COUNTY TAX` i
• • Page 3 of 4 ;i i ,•:`= ,
i
: 17
:' STATE OF MINNESOTA )
• , ) ss. (Individual Acknowledgment)
• 1 COUNTY OF HENNEPIN )
On this i- 'day of {flQ�1. , 1 , before me,a bliQc'�►z�� d
M- WCounty' personally appeared �p t� '�
known to me to be the person(s) describeWin and who exdcuted the foregoing �mstxument, and
acknowledged that be (they) executed the same as his (their) free act and deed.
Ctr7u-i.' . Ai„:2-iyie., . .
� AWEL BOSlNA
' ? ` - IfitY ate3T 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
473-7357
Page 4 of 4
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2544380 •
• I REGISTEREDVOL (5-121LpAGE..45`11123_
•• •
qii 036
•,
OFFICE OF THE REGISTRAR
OF TITLES •
HENNEPIN COUNTY,MINNESOTA goe L
I • •
CERTIFIED FILED ON to,
.• Jr0126. tzt
AUG 23 1994 . com
•
4.
914:4,5;
BY W-firLITY •
•
16
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Medi, c.c.AitGei
•
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EXHIBIT B
32'
8D
OFFICE OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY,MINNESOTA
CERTIFIED FILED ON
0014' NOV.30,1999
3:00 PM
MICHAEL H.CUNNIFF,REGISTRAR OF TITLES
8Y ,DEPUTY
AMENDMENT TO
SPECIAL LOT COMBINATION AGREEMENT
AMENDMENT MADE this 1114iay of (9G-14 b-er , 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");
WHEREAS, the Property is subject to a Special Lot Combination Agreement
dated March 17, 1993,recorded August 23, 1994, as Document No. 2544380
("Agreement");
WHEREAS,the parties hereto desire to amend certain restrictions set forth in
paragraph 4(b) of the Agreement regarding the permitted uses of Parcel B as defined in
the Agreement;
WHEREAS, the City Council of Orono, Minnesota, on a vote of 4 ayes and 0
nayes approved such amendment at its regular City Council meeting held on November
23, 1998.
•
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. Paragraph 4(b) of the Agreement 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 (75 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 parking 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 Agreement shall remain the same.
CITY OF ORONO By �� �, IPr �—
ayor /74;
nn Goetten(
And By g44-ec-0/ ,.-� L/,cam
City Clerk
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 14 day of
(f4S -c , 1999,by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk,
respectively of the City of Orono, a Minnesota municipal corporation,who executed this
Agreement and acknowledged that they executed the same on behalf of the City of
Orono.
:nhW.VJ�M.-. JCA..^,w,,,,�,`d�'i,.`.,y,,,4,,..,. `Z
SANDRA KAY R=+1IT { Notary Public
€ ,. MOTAnY PUBLIC- IN:•: 50Li }
WRIGHT COUNTY
, .7,4y Commission Explrss Jan.31,2000
litteev.Y
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this JO day of
.. {,,,,�e,.- , 1999,by J. Diann Goetten, single. -
llfllJl!/-/IlIlIIl!-11rJj,,lU
.�^'• CPAOLE A HASEMP.N 0.0),."'„ 6, ,witzm—,z..e.i_i
-E-:F •NOTARY PUBLIC-MC NESOTA
.,fe:t. HENNEPIN COUNTY Notary Public
My CcmmisiGn Ex fires Jul.3, —, 1
THIS Il<1STRUkENT'WA's'DRAFTE1YBY:"
Hinshaw&Culbertson
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis,NLN 55402
(612)333-3434
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing Release of Land From Special
Lot Combination Agreement adopted at the meeting of the Orono City Council on
January 14, 2008, with the original thereof on file in my office, and the same is a correct
transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 17th day of January , 2008.
„di 6,
ity Clerk
(seal)