12-04-2014 - variance agreement for well

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a MINNESOTA DEPARTMENT OF HEALTH VARIANCE AGREEMENT TN 5161 This agreement is made this 4th day of December 2014, by and between the Minnesota Department of Health, a Minnesota State Agency, hereinafter called the MDH, and Kenneth J. Fasola and Tenley D. Fasola, hereinafter called the Fee Owners. WHEREAS, the Fee Owners own real property in Hennepin County described as: Lot 2, Block 1, Wildhurst Estates. The street address is 1000 Wildhurst Trail, Orono, Minnesota. The Property Identification Number is 07-117-23-13-0217 and the Torrens certificate number is 1380922. WHEREAS, the house on said property was built in 2000 and is currently served by a private water-supply well, identified as Minnesota Unique Well Number 649235. WHEREAS, the property currently known as 1000 Wildhurst Trail was previously part of a larger property that was subdivided into smaller lots prior to 2000. Prior to subdivision in 2000: • There was a"caretaker's"house on that part of the larger property now known as 1000 Wildhurst Trail. • The caretaker's house is visible in aerial photographs taken in 1962 and 1971. The aerial photographs were obtained from the University of Minnesota library. • Orono city records report the existence of two wells on the undivided property prior to 2000. A reported 3-inch diameter well likely supplied the former caretaker's house. WHEREAS, an undated letter from Don Stodola's Well Drilling Co., Inc. (Stodola), addressed to the city of Orono and Mr. Robert Waade, references an inoperable well at the caretaker's house at 1000 Wildhurst Trail. The letter states that: "This well is inoperable at this time and the repairs would cost over$1,000. The house will be torn down in ninety days and the repairs will not be made at this time." WHEREAS, Stodola submitted a Well and Boring Sealing Notification form to MDH on August 2, 2000, with the intent of sealing a well at 1000 Wildhurst Trail, and then cancelled that Well and Boring Sealing Notification on February 2, 2002. Stodola has not submitted a Well and Boring Sealing Record to MDH for a well at 1000 Wildhurst Trail. Stodola was contacted in November 2014, and searched their records and could not find any evidence that they sealed a well at 1000 Wildhurst Trail.