HomeMy WebLinkAboutagreement removal/retention/accessory structures � � �
Agreement for Removal or Retention
of Accessory Structures
Right-of-Entry
THiS AGREEMENT, made and entered into this�day of �,1��V�2013,
by � ��� �� ` Il , husband and wife, (hereinafter referred to as
"Owners") and the ity of Orono, a Minnesota municipal corporation (hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, Owners have made application to the City for demolition of the -
principal residence structure on the property located at 4300 Sixth Avenue North within the
City of Orono, such property legally described as: Lots 2 and 3, all in Block 1, Sharon Hills and
Outlots A and B, Winters Plentywood, Hennepin County, Minnesota (hereinafter referred to as
the "Subject Property"); and
WHEREAS, the Subject Property contains a principal structure and one or more
accessory structures shown on the survey attached hereto as Exhibit A and described as follows:
an oversized barn, a detached garage and a shed (hereinafter"the Buildings"); and
WHEREAS, there is an existing approval and covenant permitting the oversized
barn related to zoning file#2445 dated January 25, 1999; and
WHEREAS, the Buildings appear to be conforming with respect to setback and
size requirements; and
WHEREAS, Owners are aware that according to Orono Municipal Zoning Code
Section 78-1432, at the time the principal structure is removed, all accessory structures shall also
be removed; and
WHEREAS, the ordinances of the City require removal of all accessory
str�actures at the time of removal of the principal structure; and
WHEREAS, at the Owners' request, the City intends to issue demolition permit
#2013-00089 to allow the principal structure to be removed and allow the accessory structure(s)
to remain on the Subject Property without a principal structure subject to the provisions of this
Agreement; and
WHEREAS, the Owners intend to, upon demolition of the principal structure,
immediately replace the principal structure on the site with a new principal structure for which
Building Permit application #2013-00126 has been submitted; and
WHEREAS, the Owners agree that the Buildings will be removed if construction
of the new principal structure is not started within 120 days of the demolition permit issuance.
Page 1 of 4
, �
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Owners may retain the existing accessory structure(s), the Buildings, subject to the
following conditions:
A) Owners agree to obtain a building permit for construction of the replacement
residence within 60 days of demolition; to begin construction on the new
residence within 120 days of demolition; and to complete all exterior work within
1 year of building permit issuance and receive a Certificate of Occupancy within
2 years of building permit issuance.
B) The Owners agree to submit an escrow in the amount of $2500.00 with the
demolition permit. The escrow shall be held until the as-built foundation survey
is submitted for the new residence.
C) In the event that any activity described in item A has not been accomplished
within the defined timeframe, the Owners shall remove the Buildings at the
Owners' expense.
D) If the Owners fail to perform their removal obligations per the above provisions,
the Owners hereby agree as follows:
1) The City may enter upon the property and remove the Buildings.
2) The City may assess any costs of removal to the subject property which exceeds
the escrow.
2. This Agreement shall be binding upon current and future owners of Subject Property, and
shall be filed within the chain of title of the Subject Property.
3. The Owners of the Subject Property consent to the execution of this Agreement and to its
terms, as shown by their signature(s) upon this document.
4. Owners shall indemnify and hold harmless the City, the City Council, and the agents and
employees of the City from and against all claims, damages, losses or expenses, including
attorney fees, which the City, City Council and agents and employees of the City may
suffer or for which it may be held liable, arising out of or resulting from the assertion
against them of any claims, debts or obligations in consequence of the performance of the
terms of this Agreement.
Page 2 of 4
CITY OF ORONO:
By: �. � �-�2�
Its Mayor
,�
By; � �-cK-�_ � (^ ����
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY Oi' HENNEPIN ) .�
The foregoing instrument was acknowledged before me this �� day of
i�'�,(�(,/`,L�L., , 2013 by ��c_�c� �/],C'�'/,L(�,t�I , the
of the City of Orono on behalf of the municipal corporation.
��� �
,,i„�,,,:;r�� L2it-G�C��j `
''"'`''.,, MONICAA. FADNESS �
< ��� NOTARYPUBLIC-MINNESOTA Notary Public
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ti...%�:e<�ase�c:d,e',�'',c.�'-c`+�'d.�«'..�„`� .�'T.zT�.���l
ACKNOWLEDG�MCNT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .�
The foregoing instrument was acknowledged before me this // day of
�!��L.�t/1.-l�i� , 2013 by l�a LGt�e� �d��- , the
(1,��,,� (��Q��- _ o the City of Oro on behalf of the municipal
corporat n.
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t,�y"' ^� MONfCAA FADNESS �)
���' � NOTARYPUBLIC-MINNESOTA ��` NOt1Cy PUbIIC
��i�?y Conmission Expires Jan.31,2017 �`�
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Page 3 of 4
Owner(s):
B :
/
�
By:
ACKNOWLEDGEMENT (OWNERS)
STATE OF MINNESOTA )
) ss.
COUNTY Or HENNEPIN )
The foregoing instrument was acknowledged before me this � day of
�� G�.��� '� .2�1� , 2013 by 1�V��: ��.�� ' rr „r w�c�. and
�,�- �.,-. �._ (husb d an wife) as their free act and deed.
/ ,� ,
,taea>,r
�°- ��� NICOLE L. WATT Not y Public
�. -� Notary Public-Minnesota
�i;��y�;��' My Commission Expires Jan 31,2015
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