HomeMy WebLinkAbout09(B) - Consider a Resolution Authorizing the Mayor and City Manager to Enter into a Purchase Agreement for City-Owned property at 17232 Sunset Trail SW ReportGeneral Location Map
17232 Sunset Trail SW
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(reserved for recording information)
SPECIAL LOT COMBINATION
AGREEMENT
THIS INDENTURE is made and entered into this ______ day of ____________,
2021, by the CITY OF PRIOR LAKE, a Minnesota municipal corporation, its successors and
assigns (hereinafter referred to as “City”), and MICHAEL P. JENSEN AND MARY B.
JENSEN, husband and wife, as joint tenants, (hereinafter referred to as “Owners”).
WITNESSETH:
WHEREAS, Owners are the fee owners of certain real property in the City of Prior Lake,
Scott County, Minnesota, legally described as follows (and hereinafter collectively referred to as
the “Properties”):
Lot 2, Sunset Shore, Scott County, Minnesota (hereinafter described as “Parcel A”); and
Lot 3, Sunset Shore, Scott County, Minnesota (hereinafter described as “Parcel B”); and
WHEREAS, Owners intend to apply for a tax parcel combination of the Properties; and
WHEREAS, in Resolution ___________ adopted __________________, the City Council
required combination of Parcel A and Parcel B as a condition of the its approval of the Purchase
Agreement dated ____________, 2021 between City of Prior Lake, a Minnesota municipal
corporation (“Seller”) and Michael P. Jensen and Mary B. Jensen, husband and wife, as joint
tenants (collectively “Buyer”) ; and
WHEREAS, it is the intent of the Owners and the City 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 Owners as they
were in fact one parcel instead of two.
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NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby
acknowledged, Owners hereby covenant, grant, gift, quit claim and convey to the City the right to
restrict, and Owners hereby agree to restrict, limit and preclude the ownership, use, improvement
and development of the Properties according to and under the conditions and covenants herein
contained, as follows:
1. The City and Owners agree that the Properties shall henceforth be contained in common
use and ownership even if recorded as a separate lot or parcel, and that the Properties will
not be conveyed, sold, leased or otherwise encumbered except together as if they were a
single parcel.
2. The City shall not issue any building permits, variances, or conditional use permits for any
structure or use on the Properties inconsistent with the covenants contained herein.
3. Owners hereby grant to the City the right to enter upon the Properties for the purposes of
inspection and enforcement of the covenants contained herein, and to cause to be lawfully
removed from the Properties, 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. Owners who are in possession of the Properties
shall pay to the City all costs and expenses including attorney’s fees incurred by the City
in enforcing the terms of this indenture.
5. The parties may mutually agree that the terms and conditions of this indenture may be
modified, amended, or extinguished and thereafter Parcel A and Parcel B may be separated.
6. Owners agree 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 the City or other regulatory bodies in accordance with legally applicable and
enforceable zoning or other ordinances of the City.
7. The City does not intend that the public should have any interest in the Properties by virtue
of this indenture or otherwise, except as hereinabove set forth. This provision is not
intended to affect the validity of the City’s easement established upon the Property by the
Certificate of Completion, dated October 12, 1983, filed for record August 17, 1998, as
documents 97183 and 423203, as it may be amended, or any other easement for public
purposes on the Properties.
8. 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.
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OWNERS:
______________________________________
Michael P. Jensen
______________________________________
Mary B. Jensen
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of
____________________, 2021, by Michael P. Jensen, spouse to Mary B. Jensen.
________________________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of
____________________, 2021, by Mary B. Jensen, spouse to Michael P. Jensen.
________________________________________
NOTARY PUBLIC
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CITY OF PRIOR LAKE
By: _____________________________________
Kirt Briggs, Mayor
(SEAL)
By: _____________________________________
Jason Wedel, City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2021, by Kirt Briggs and by Jason Wedel, respectively the Mayor and City
Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
_______________________________________
Notary Public
INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (612) 452-5000
SNC/smt