9.c Resolution 08-21-18-04 Approving Termination of Restrictive Covenant (Bofenkamp)19 DkIfe) Fib I
RESOLUTION ADOPTING AN AGREEMENT TERMINATING RESTRICTIVE
COVENANT RELATING TO CERTAIN REAL PROPERTIES LOCATED
ADJACENT TO MARGO AVENUE (CAROL AND THOMAS BOFENKAMP)
WHEREAS, Carol A. Bofenkamp and Thomas M. Bofenkamp own six parcels of real property
located on Margo Avenue North in the City (the "Bofenkamp Properties");
WHEREAS, the Bofenkamps have entered into a purchase agreement with Washington County to
sell three parcels of the Bofenkamp Properties, legally described as Lots 1, 2 and 3, Block 3, Big Lake
Estates;
WHEREAS, pursuant to a restrictive covenant contained in a Quit Claim Deed, executed by
Carol A. Bofenkamp, dated December 20, 1994, and recorded at the Office of the County Recorder,
Washington County, Minnesota, on December 30, 1994, as Document No. 827587, two parcels of the
Bofenkamp Properties may not be sold, transferred or otherwise conveyed separately from the other lots,
without the consent of the Town Board of New Scandia Township;
WHEREAS, as of January 1, 2007, the City is the successor to New Scandia Township;
WHEREAS, to complete the sale of three lots to Washington County, the Bofenkamps have
requested the City to execute an Agreement Terminating Restrictive Covenant (the "Agreement"), under
which the City will consent to have certain parcels of the Bofenkamp Properties to be sold, transferred, or
otherwise conveyed separately from the other lots.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Scandia,
Minnesota, as follows:
1. Approval of Agreement. This Council adopts and approves the Agreement, and the Mayor
and the City Administrator are authorized and directed to execute the Agreement. It is intended that the
Agreement be recorded in the land records of Washington County.
2. Consolidation of Remaining Lots. This Council acknowledges the remaining three lots, to be
retained by the Bofenkamps after the other lots are conveyed to Washington County, may be further
joined together and consolidated into one parcel, as allowed for under the City Code. City staff is
directed to process a lot consolidation application for the remaining parcels, if brought forward by the
Bofenkamps.
Approved by the City Council of the City of Scandia, Minnesota this 21 st day of August, 2018.
ATTEST:
Neil Soltis, City Administrator/Clerk
Christine Maefsky, Mayor