12-04-2014 - variance agreement for well

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a Variance Agreement-TN 5161 -3- December 4, 2014 3. At the time of sale of the property, and any subsequent transfer of the property, in addition to disclosure of the status of the well as required by Minnesota Statutes, section 103I.235, the following information must be disclosed to the buyer by the Fee Owner: an unsealed well is likely buried somewhere on the property near the location of the former caretaker's home which was immediately west of the present home; the well is estimated to be 3 inches in diameter, approximately 100 feet deep, and completed in a glacial sand and gravel aquifer; and the well is not properly sealed. 4. If the well is located and becomes accessible at any time in the future, the Fee Owner(s) of the property at that time must have the well permanently sealed in full accordance with Minnesota statutes and rules by a licensed well contractor or licensed well sealing contractor. The well may become accessible through new technology, remodeling or demolition of the house, or other means. 5. Kenneth J. Fasola and Tenley D. Fasola must have an executed copy of this agreement filed with the Hennepin County Office of Registrar of Titles within 30 days of execution of this agreement. 6. Kenneth J. Fasola and Tenley D. Fasola must furnish a copy of all pages of the filed document to the MDH. 7. This document, when executed and filed, shall serve as the variance approval by the MDH. The variance is not valid until the document is filed, and proof of filing is returned to the MDH. Alternative measures or conditions attached to a variance have the force of law and effect of applicable rule. If a party violates the alternative measures or conditions attached to the variance, the party is subject to enforcement actions and penalties provided in the applicable law or rule. This variance is conditioned upon the applicable acceptance of, and compliance with,the conditions of the variance. Failure by the applicant to comply with the conditions prescribed in the variance will result in the immediate expiration of the variance.