Laserfiche WebLink
AGREEMENT <br />THIS AGREEMENT is entered into this 28th day of October , <br />1988 by and between the City of Orono ("City") and Du Wayne L. <br />Schibilla and Connie L. Schibilla, husband and wife ("Schibillas"). <br />RECITALS: <br />A. Schibillas are the owners of property located at 3235 <br />Crystal Bay Road, Orono, Hennepin County, Minnesota legally <br />described in Exhibit A attached hereto ("Property"). <br />B. The Property is registered as evidenced by Certificate of <br />Title No. 506209. <br />C. The following recitals appear on Certificate of Title No. <br />506209: <br />Subject to a public easement for highway purposes over the <br />southeasterly 33 feet, said 33 teet being the southeasterly 33 <br />feet of the highway formerly laid out as Northern Avenue. <br />Subject to a public road now across said premises, as shown in <br />deed Doc. No. 318647, Files of Registrar of Titles. [Affects <br />Parcel 1.) <br />Subject to a right to create a public easement for highway <br />purposes over the Southeasterly 33 feet thereof, said 33 feet <br />being the southeasterly 33 feet of the highway formerly laid <br />out as Northern Avenue, as shown in deed Doc. No. 198675, <br />Files of Registrar of Titles. [Affects Parcel 2.) <br />These easements are hereinafter referred to as the "Easements." <br />D. Schibillas have requested that the City grant a variance <br />to the municipal zoning code to permit Schibillas to construct a <br />garage on the Property, which garage shall be located in part <br />within the E:��.-ments. <br />E. As a condition of granting said variance, the City has <br />required that the Schibillas enter into this Agreement. <br />NOW, THEREFORE, IT IS AGREED AS FOLLOWS: <br />1. In consideration of the City granting the above -described <br />variance and permitting Schibillas to construct a garage on the <br />Property, Schibillas agree that the right to maintain the garage <br />on the Property shall be subject to the rights of the public <br />created by the Easements. If the appropriate governmental <br />authority elects to use the portion of the Property subject to the <br />Easements for highway purposes, Schibillas agree to remove the <br />garage from the Easement areas at the sole expense of Schibillas. <br />