02-14-2005 Council Packet - Laserfiche WebLink

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t;<Hi5iT g: THIS AGREEMENT and RELEASE made and entered into this day of , 2005 by and between the City of Orono, a municipal corporation located in the County of Hennepin, State of Minnesota (hereinafter referred to as City of Orono) and Eric and Elizabeth Vogstrom, owners of the property at 2618 Casco Point Road, Wayzata, MN (hereinafter referred to as tlie Vogstroms). In consideration of the covenants contained herein, and in consideration of the Vogstroms ’ agreement to restore vegetation, on their property and adjacent City of Orono property, as shown on the Vegetation Restoration Plan attached as Exhibit A to this document, to replace trees and undergrowth removed on the Vogstroms ’ property in violation of City Codes and on adjacent property within the City limits of the City of Orono, the parties agree as follows: 1. The legal description of the Vogstrom property is as follows: North 80 feet of Block 3, Winships Subdivision of Lot 1, Spring Park Second Addition, Hennepin County, Minnesota (hereinafter, the Property) 2. Tliis AGREEMENT resolves the dispute related to the unauthorized removal of trees and vegetation from the Properly within 75’ of the shoreline of Lake Minnetonka and on adjacent City of Orono property. 3. The City of Orono agrees to discontinue pursuit of legal action against the Vogstroms related to the unauthorized removal of trees and vegetation clear cutting within 75’ of the shoreline of Lake Minnetonka, in exchange for the Vogstroms and/or their successors and assigns agreement to plant and maintain the trees, shrubs and groundcovers set out in the Vegetation Restoration Plan which is attached as Exhibit A to this document. The trees and other plantings shall be planted as soon as practicable, but in no case shall a Certificate of Occupancy be issued until the Vegetation Restoration Plan has been fully executed. 4. The trees, shnibs and groundcovers within 75’ of the shoreline of Lake Minnetonka shall be planted no later than June 30, 2005. The trees, shrubs and groundcovers to be planted outside the 75’ setback of the shoreline of Lake Minnetonka shall be planted prior to the issuance of a Certificate of Occupancy and no later than September 30,2005. 5. The City of Orono may enter the Property to inspect the planting, in order to determine that the trees, shrubs and groundcoveis arc planted in accordance with file Vegetation Restoration Plan. 6. The Vogstroms and their successors and assigns shall allow an annual inspection by the City of Orono to determine that th.e trees, shrubs and groundcovers are growing, and the Vogstroms and their successors and assigns shall replant any trees, shrubs or groundcovers that are dead or dying, and shall use best efforts to facilitate the file and growth of the trees, shrubs and groundcovers. This 1