HomeMy WebLinkAboutHazardous building documents v
CITY of ORONO
Post Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
•
a - • • On the North Shore of Lake Minnetonka
February 3, 1986
Richard Laughlin
4655 Tnnlrnvi cm T.anc -
Mound, MN 55364
Re: 4635 Tonkaview Lane, Orono - Hazardous Building
Dear Mr. Laughlin:
An inspection conducted at the above subject property on
February 3, 1986 revealed that the log house on the above subject
property is in a state of deterioration and dilapidation. Thus
it is a safety and health hazard pursuant to Minnesota State
Building Code/Uniform Building Code Section 203.
I am writing this letter to inform you that corrective
action is required by removing or repairing this structure.
Unless this corrective action is taken or an answer is served
upon the City of Orono within 20 days from the date of this order
hazardous building action will be enforced.
If you have any questions on this matter, please feel free
to contact me (473-7357).
Sincerely,
Thomas J. J cobs,
Building Inspector
cc: Mark E. Bernhardson, City Administrator
Jeanne A. Mabusth, Zoning Administrator
Michael P. Gaffron, Assistant Zoning Administrator
Lyle Oman, Field Inspector
Kathleen Blatz, City Attorney
Melvin Kilbo, Chief of Police
BUILDING&ZONING—473-7357 • ADMINISTRATION&FINANCE—473-7358 • PUBLIC WORKS—473-7359
ASSESSING
Principal Dwelling Demolition Permit
ZONING DISCLOSURE & DECLARATION
To the property owner: Demolition of the principal dwelling structure on a property may
automatically terminate certain rights which may have accrued to the property by virtue of the
continued existence of that building.
• All current zoning standards must be met by the new principal dwelling including setbacks,lot
coverage by structures, hardcover(impervious surface), height limits, etc.
• Unless specifically approved by the City,all accessory structures must be removed at the time of
principal dwelling demolition.
The following information is presented for the purposes of advising the property owner of the
implications of removal of the principal dwelling on the property:
1. Property Address: 4655 Tonkaview Lane PIN# 07-117-23-32-0064
Required Lot Area 1.0 Acre Required Lot Width 140'
2. Zoning District: LR-1B Actual Lot Area 0.46 Acre Actual Lot Width 118'
Lot area variance is is not equired. Lot width variance is/'s not quired.
(Perpetual lot area and width variances granted by Resolution o.4981)
3. Required Setbacks: Street 35' South(rear) 30' East&West(side) 10'
Average Lakeshore Setback: must be met is nota licab
4. Lot Coverage by Structure limited to 15%of lot area�doe not aDVIV(lot area>2 acres
5. Hardcover limitation • are aimlicable/ re not aDolicable. 0-75'zone= 0%allowed
75-250'zone=25%allowed 250-500'zone=30%allowed 500-1000'zone=35%allowed
6.✓ Municipal sewer is available. Municipal sewer is not available;on-site system testing and design must be
provided confirming that two conforming drainfield sites are available.
7. Wetland(s)present.
The undersigned property owner hereby acknowledges receipt of the above information
Property Owner's Signature VDate Staff Initials
Form ZDD-Revised 5-23-05 (Original: Street File; Copy: Property Owner)
REQUEST FOR COUNCIL ACTION
DATE: May 26, 2009
ITEM NO: q&-
Department
Approval: Administrator Reviewed: Agenda Section:
Name Lyle Oman City Administrator's
Title Building Official Report
Item Description: Hazardous Building Action at 4655 Tonkaview Lane—Resolution
Attachment: Draft Resolution
The building at 4655 Tonkaview Lane has become dilapidated,is in a hazardous condition and
has been an eye sore for many years. The property owner rented the property until a year ago to a
long time renter but now knows it is unfit to occupy. He would like to remove the buildings and
market the vacant lot. Because of the down turn in the economy he cannot afford to do so. He
has requested that the city remove the structures through hazardous building action and take
advantage of the state statute that would allow the city to apply the cost to the property tax. He
would be allowed to pay off the balance over 5 years at 8% interest.
ACTION REQUESTED:
Motion to adopt the attached resolution ordering abatement of hazardous building at 4655
Tonkaview Lane, Orono, Minnesota.
RESOLUTION ORDERING ABATEMENT
OF HAZARDOUS BUILDING
ON PROPERTY LOCATED AT
4655 TONKAVIEW LANE,ORONO,MINNESOTA
WHEREAS,the Building Official for the City of Orono has attempted without success to
have the owner of certain property remedy the hazardous condition on property at 4655 Tonkaview
Lane, Orono,Minnesota;and
WHEREAS,the City Council has determined that the building on the property constitutes a
hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orono,
Minnesota:
1. Pursuant to Minn. Stat. § 463.16, et seq.,the City hereby adopts and approves the Order for
Abatement of Hazardous Building, attached hereto as Exhibit"A".
2:- The City finds that the condition of.the property at 4655 Tonkaview Lane,Orono,
Minnesota,is a health and safety hazard and contains a hazardous building within the
meaning of Minn. Stat. §463.15, subd. 3.
3. The City's legal counsel,Campbell Knutson,P.A., 317 Eagandale Office Center, 1380
Corporate Center Curve,Eagan,Minnesota 55121,is directed to serve the Order for
Abatement of Hazardous Building and to proceed with enforcement in accordance with
Minn. Stat. § 463.15, et seq.
ADOPTED this 26d'day of May, 2009,by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
By:
James M. White,Mayor
ATTEST:
Linda S. Vee,City Clerk
145729
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.:
In Re the Matter of the Hazardous Building
at 4655 Tonkaview, City of Orono, ORDER FOR ABATEMENT
County of Hennepin, State of Minnesota. OF HAZARDOUS BUILDING
TO: DENNIS A. MEYER, 4680 NORTH SHORE DRIVE, ORONO, MINNESOTA 55364
PLEASE BE ADVISED that pursuant to order of the Orono City Council and by
authority of Minn. Stat. § 463.15, et seq., you have twenty(20) days from the date of service of
this Order upon you to correct the hazardous building at 4655 Tonkaview, City of Orono, County
of Hennepin, State of Minnesota, and legally described as follows:
Registered Land Survey No. 1063, Tract E, except the west 25 feet
thereof, Hennepin County, Minnesota
(PIN 17-117-23=32-0064)(hereinafter the"subjectproperty"); and
The subject property contains conditions which constitute health, safety, and fire hazards
to the residents of the City of Orono.
The Orono Building Official has reviewed the subject property and determined that the
following items need to be corrected:
Foundation
1. Foundation is cracked and crumbling in many locations.
2. Portions of the foundation have collapsed.
3. Foundation has several areas that are open to the exterior.
4. Windows are broken, missing, and rotted allowing entrance to animals and
exposure to the elements.
5. Foundation is hazardous within the definition of Minnesota Statute Section
463.15.
145729
Floor System
1. Floor joists are in contact of earth. Violation of Uniform Building Code 2308.6.
2. Floor joists are rotted on ends.
3. Posts and beams are rotted allowing floor system to sag approximately 5 inches in
the center. Posts supports are deteriorated and are structurally unsound. Floor
system is hazardous within the definition of Minnesota Statute Section 463.15.
Stairways
1. Stairs have improper rise and run,headroom, lack of handrails and-guardrails.
Stairs are unsafe and hazardous within the definition of Minnesota Statute Section
463.15.
Plumbing
1. Plumbing fixtures improperly vented. Violation of Minnesota Plumbing Code
Section 4715.2510.
2. Considered hazardous within the definition of Minnesota Statute Section 463.15.
Electrical System
1. Electrical system has open, deteriorated wiring- entire system needs upgrading.
Electrical system is hazardous within the definition of Minnesota Statute Section
463.15.
ORDER
The existing building is hazardous due to inadequate maintenance, dilapidation,physical
damage, and disrepair. Th
g , ep a condition of the_existing building must be corrected to meet all
applicable building codes and City ordinances. If the condition of the building is not corrected, it
must be removed from the subject property and all personal property,junk and debris, and
fixtures must also be removed.
Unless corrective action is taken within twenty(20) days, the City will move the District
Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19, unless an answer
is filed within twenty(20) days of service of this Order upon you. Upon enforcement of the
Order by the City, the cost of enforcement will be charged against the property pursuant to Minn.
Stat. § 463.21.
145729
CAMPBELL KNUTSON
Dated: , 2009 Professional Association
By:
Soren M. Mattick, #27785X
Orono City Attorneys
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
ACKNOWLEDGMENT
The City"of Orono, by and through its undersigned attorney, acknowledges that costs,
disbursements and reasonable attorney and witness fees may be awarded to the opposing party or
parties pursuant to Minn. Stat. § 549.211.
Dated: 2009.
Soren M. Mattick,#27785X
145729
O � O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�L`9kESHD NO. 5 84 a
RESOLUTION ORDERING ABATEMENT
OF HAZARDOUS BUILDING
ON PROPERTY LOCATED AT
4655 TONKAVIEW LANE,ORONO,MINNESOTA
WHEREAS,the Building Official for the City of Orono has attempted without success to
have the owner of certain property remedy the hazardous condition on property at 4655 Tonkaview
Lane, Orono,Minnesota; and
WHEREAS,the City Council has determined that the building on the property constitutes a
hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orono,
Minnesota:
1. Pursuant to Minn. Stat. § 463.16, et seq.,the City hereby adopts and approves the Order for
Abatement of Hazardous Building, attached hereto as Exhibit"A".
2. The City finds that the condition of the property located at 4655 Tonkaview Lane, Orono,
Minnesota,is a health and safety hazard and contains a hazardous building within the
meaning of Minn. Stat. §463.15, subd. 3.
3. The City's legal counsel,Campbell Knutson,P.A.,317 Eagandale Office Center, 1380
Corporate Center Curve,Eagan,Minnesota 55121,is directed to serve the Order for
Abatement of Hazardous Building and to proceed with enforcement in accordance with
Minn. Stat. § 463.15, et seq.
ADOPTED this 260' day of May,2009,by the City Council of the City of Orono,
Minnesota.
CITY OF ORONO
By;
James M. White,Mayor
ATTEST: Q
inda S. Vee, City Clerk
Ir
145729
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
Court File No.:
In Re the Matter of the Hazardous Building
at 4655 Tonkaview, City of Orono, ORDER FOR ABATEMENT
County of Hennepin, State of Minnesota. OF HAZARDOUS BUILDING
TO: DENNIS A. MEYER, 4680 NORTH SHORE DRIVE, ORONO, MINNESOTA 55364
PLEASE BE ADVISED that pursuant to order of the Orono City Council and by
authority of Minn. Stat. § 463.15, et seq., you have twenty(20) days from the date of service of
this Order upon you to correct the hazardous building at 4655 Tonkaview, City of Orono, County
of Hennepin, State of Minnesota, and legally described as follows:
Registered Land Survey No. 1063, Tract E, except the west 25 feet
thereof, Hennepin County, Minnesota
(PIN 17-117-23-32-0064) (hereinafter the"subject property"); and
The subject property contains conditions which constitute health, safety, and fire hazards
to the residents of the City of Orono.
The Orono Building Official has reviewed the subject property and determined that the
following items need to be corrected:
Foundation
1. Foundation is cracked and crumbling in many locations.
2. Portions of the foundation have collapsed.
3. Foundation has several areas that are open to the exterior.
4. Windows are broken, missing, and rotted allowing entrance to animals and
exposure to the elements.
5. Foundation is hazardous within the definition of Minnesota Statute Section
463.15.
145729
Floor System
1. Floor joists are in contact of earth. Violation of Uniform Building Code 2308.6.
2. Floor joists are rotted on ends.
3. Posts and beams are rotted allowing floor system to sag approximately 5 inches in
the center. Posts supports are deteriorated and are structurally unsound. Floor
system is hazardous within the definition of Minnesota Statute Section 463.15.
Stairways
1. Stairs have improper rise and run,headroom, lack of handrails and guardrails.
Stairs are unsafe and hazardous within the definition of Minnesota Statute Section
463.15.
Plumbing
1. Plumbing fixtures improperly vented. Violation of Minnesota Plumbing Code
Section 4715.2510.
2. Considered hazardous within the definition of Minnesota Statute Section 463.15.
Electrical System
1. Electrical system has open, deteriorated wiring- entire system needs upgrading.
Electrical system is hazardous within the definition of Minnesota Statute Section
463.15.
ORDER
The existing building is hazardous due to inadequate maintenance, dilapidation,physical
damage, and disrepair. The condition of the existing building must be corrected to meet all
applicable building codes and City ordinances. If the condition of the building is not corrected, it
must be removed from the subject property and all personal property,junk and debris, and
fixtures must also be removed.
Unless corrective action is taken within twenty(20) days, the City will move the District
Court for summary enforcement of this Order pursuant to Minn. Stat. § 463.19, unless an answer
is filed within twenty(20) days of service of this Order upon you. Upon enforcement of the
Order by the City, the cost of enforcement will be charged against the property pursuant to Minn.
Stat. § 463.21.
145729
CAMPBELL KNUTSON
Dated: , 2009 Professional Association
By:
Soren M. Mattick, #27785X
Orono City Attorneys
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651) 452-5000
ACKNOWLEDGMENT
The City of Orono,by and through its undersigned attorney, acknowledges that costs,
disbursements and reasonable attorney and witness fees may be awarded to the opposing party or
parties pursuant to Minn. Stat. § 549.211.
Dated: , 2009.
Soren M. Mattick, #27785X
145729
.1. 0�
0 O
y CITY of ORONO
Municipal Offices
t `t, V Street Address: Mailing Address:
` 'Egg042750 Kelley Parkway P.O. Boz 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
May 27, 2009
Soren Mattick
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
RE: Resolution Ordering Abatement of Hazardous Building at 4655 Tonkaview Lane
Agreement to Abate Hazardous Conditions—3443 Crystal Place
Dear Soren:
Per Lyle Oman's request, enclosed is the original resolution for abatement of the hazardous
building at 4655 Tonkaview Lane.
Also enclosed is a copy of the fully executed Agreement to Abate Hazardous Conditions for the
property located at 3443 Crystal Place.
Please call me at 952-249-4602 with any questions.
Sincerely,
Lin Vee
City Clerk
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
Farr Construction
5888 45h Street SE Licensed—Bonded- Insured
Delano, MN 55328 License#7188
763/972.2220
July 6, 2009
INVOICE
FAX 952.249.4616
TO: City of Orono
Attn: Mr. Lyle Oman
PO BOX 66
CRYSTAL BAY,
Orono, MN 55323
o.b.o. Dennis Meyer
RE: TONKAVIEW DEMOLITION
The following work has been completed per contract:
1. Demolish and Haul away to licensed waste facilities; 1 house and garage, 1 detached
shed per proposal.
2. Haul in and install black dirt and seed upon completion.
Total Bid Price Due and Owing $10,250
Extra work performed on site:
1. Remove 1 cistern(tank digout,haul away &fill) $200
2. Obtain 1 permit from LMCD $160
3. Install approximately 300 If silt fence $405
4. Dispose of 10 containers of chemicals (home, shop
and commercial) $ 85
5. Dispose of 6 tires $ 65
6. Clean up majority of hidden yard debris (Trash,
metals, car parts, bricks/concrete, wood, cans and
bottles) and haul away 2 men, 3.5 hours at $35 per
hour. $245
Total Extras Not Bid $1,160
Total Job Amount Now Due $11,410
tz,.so _
Thanks for the work! Qe"M'
( IS3S•SO
Fred Farr- Farr Construction
July 7, 2009
Memo to: Finance dept.
From: Lyle Oman Building Official
Re:.4655 Tonkaview lane Demo
Please remit $11,535.50 to Farr Construction for the demo of 4655 Tonkaview lane. The cost of
the project is to be certified against the property as a special assessment for 5 years. Staff time
and legal fees will also need to be added.
r 1-/6 SS" 7,-0,-7 K u r Nom.: LA
DEMOLITION AGREEMENT
THIS AGREEMENT, made and entered into as of the 16th day of June, 2009,by and
between the CITY OF ORONO,a Minnesota municipal corporation, hereinafter called the
"City," and Farr Construction,a Minnesota Corporation, hereinafter called the"Contractor".
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN
CONTAINED,THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as
the"Contract Documents,"all of which shall be taken together as a whole as the contract between
the parties as if they were set verbatim and in full herein:
A. This Agreement;
B. Bid dated May 15, 2009.
In the event of a conflict among the provisions of the Contract Documents,the order in
which they are listed above shall control in resolving any such conflicts with Contract Document
"A"having the first priority and Contract Document"B"having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services,and perform the work in accordance with the Contract Documents and all
applicable state and federal laws and regulations.
3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor the sum of
$10,250.00 inclusive of sales tax.
4. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party, and then only
upon such terms and conditions as both parties may agree to and set forth in writing.
5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or
before August 1,2009.
6. PAYMENT. When the obligations of the Contractor have been fulfilled, inspected,
and accepted,the City will pay the Contractor. Such payment shall be made not later than thirty(30)
days after completion, certification thereof, and invoicing by the Contractor.
7. WORKER'S COMPENSATION. If Contractor does public work,the Contractor
shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation
Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota.
145449 1
8. LIABILITY. Contractor shall obtain the following minimum insurance coverage
and maintain it at all times throughout the life of the Contract and for two years following
completion of the work, and provide the City with a certificate of insurance with the City
included as an additional name insured:
Employer's Liability
Insurance: $1,000,000 per occurrence
Comprehensive or
Commercial General
Liability Insurance: $1,000,000 per occurrence in combined single limits
Comprehensive
Automobile Liability
(owned, non-owned,
hired): $1,000,0000 per occurrence in combined single limits
9. DATA PRACTICES/RECORDS.
A. All data created, collected,received,maintained,or disseminated for any
purpose in the course of this Contract is governed by the Minnesota Government Data
Practices Act,Minn. Stat. ch. 13,any other applicable state statute,or any state rules
adopted to implement the act,as well as federal regulations on data privacy.
B. All books,records, documents,and accounting procedures and practices of
the Contractor and its subcontractors, if any,relative to this Contract are subject to
examination by the City.
10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition,the
Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result
of any such claims.
11. WAIVER. In the particular event that either party shall at any time or times waive
any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or
any succeeding breach of this Contract by either party,whether of the same or any other covenant,
condition,or obligation.
12. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation
of this Contract.
13. SEVERABILITY. If any provision,term,or condition of this Contract is found to
be or become unenforceable or invalid, it shall not effect the remaining provisions,terms,and
conditions of this Contract,unless such invalid or unenforceable provision,term,or condition
renders this Contract impossible to perform. Such remaining terms and conditions of the Contract
shall continue in full force and effect and shall continue to operate as the parties' entire contract.
145449 2
14. ENTIRE AGREEMENT. This Contract represents the entire agreement of the
parties and is a final,complete,and all inclusive statement of the terms thereof,and supersedes and
terminates any prior agreement(s),understandings,or written or verbal representations made
between the parties with respect thereto.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the
day and the year first written above.
CITY: CITY OF ORONO
By: AJQX-� M. ('`)k"u-
aures M. White, Mayor
And: ----
Wil iam M. Wells, City Administrator
ATTEST:
Linda S. Vee, City Clerk
CONTRACTOR
By:
Its
145449 3
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this&day of , 2009 by
Fred Farr, Contractor.
MONICA A.FADNESS Notary Public
NOTARY PUBLIC-MINNESOTA
My Gammie®I®n Expires Jan,31,2012
05/5/2009 09:16 FAX 7639726789 Q0002/0003
aff Const/7/cdon
5888 45`x' Street SE Licensed—Bonded- Insured
Delano,MN 55328 License#7188
763/972.2220
May 15, 2009
PROPOSAL
FAX 952.249.4616
TO: City of Orono
Attn: Mr. Lyle Oman
PO BOX 66
CRYSTAL BAY,
Orono, MN 55323
o.b.o.Dennis Meyer
RE: TONKAVIEW DEMOLITION
We Propose As Follows:
1. As directed provide necessary notifications.
2. Pull permit from city of Orono.
3. Contact Gopher State One Call to locate public utilities.
4. Take down trees or shrubs necessary for us to safely perform demolition
work.
5. Demolish one house and haul away to licensed facility.
6. Demolish 1 house foundation and haul away.
7. Demolish garages and haul away to licensed facility.
8. Demolish garage foundations and haul away.
9. Clean up existing site and haul away existing debris from site as of day of
bid.
10.Cap sewer and water on property.
11.Upon completion of demolition work install fill to old foundation area
and rough grade to existing surface elevations. Install 4" black dirt and.
seed.
12. Grub some dead trees and debris on site upon completion. Make site
more lawn mower friendly.
051k5/2009 09:16 FAX 7639726789 90003/0003
Total bid price $10,250
BID ASSUMPTIONS:
1. Permit costs are not bid.
2. Hazmat identification and abatement is not bid.
3. Sewer and water disconnects are bid to be capped on the property, not in
the street. No street work is bid whatsoever. In the event that this
becomes necessary additional charges will apply.
4. No unforeseen or hidden structures are bid.
5. We are not responsible for any damage to roads,_curbs, private utilities,
sidewalk, fencing, trees, shrubs, lawns or any other vegetation
whatsoever.
6. No personal contents removal (including paints, thinners, liquids or any
other substance that cannot be disposed of in an unlined landfill) is bid.
7. No well sealing is bid.
8. Identification or removal of any underground storage tanks, hidden
structures or private utilities is not bid.
Thanks for the opportunity to bid on your project!
Thanks,
Fred Farr
Farr Construction 612.701.9781
Iii
JUN-23-2009 10:10 P.02/02
IMPROVING QUALITY OF-WATER, QUALITY OF LIFE
Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements
and information contained in the permit application, correspondence, plans,
The Minnehaha Creek maps, and all other supporting data submitted by the applicant, and made a part
hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant
Watershed District is named below for use and development of land in the Minnehaha Creek
committed to a watershed District.
leadership role in
protecting,improving I sued to; Dennisa er Permit No: -179
and managing the Location: 4655 Tonkaview Lane Orono _
surface waters and
Purpose: Rule S. Erosion Control
a1fflia ted groundwater
resources within the
Date of Issuance; 6/22/2009 Date of Expiration, 6/22/2010
District,including their By Order of the Board of Managers
relationships to the
'ecosystems of which BeckyOHoudek
theyare an integral part.
District Technician
Weachieveourmission This permit is not transferable without District approval, and is valid to the date of
expiration. No activity is authorized beyond the expiration date. If the permittee
through regulation, requires more time to complete the project, an application for renewal of the
capital projects, permit must be received by the District at least 30 days before expiration,
education,cooperative The applicant is responsible for compliance with all District Rules and for the
endeavors,and other action of their representatives, contractors, and employees.
programs based on Conditions; Project to be completed as described in plans submitted to the
soundscience,
MCWD office on June 18, 2009 according to the provisions of this
permit.
innovative thinking,an Properly install and maiiitalmall required MCWD Rule B,
erosion control measures until the disturbed areas are
informed and engaged restabilized
constituency,and the When the site is restablilized and the MCWD staff has
performed a final inspection, all silt fences must be removed
cost effective use of
public funds.-
(Statement concerning fees for inspections, violations, etc... on following page)
1A9n9 Minneonnve Rnula..o..l n......1....... Yu eesnW
TOTAL P.02
06/18/2009 14:39 FAX 7639726789 IM 0001/0002
FAX
TO: City of Orono FROM: Farr Construction
Attn: Lyle Oman
FAX: 952-249-4616 FAX: 763-972-6789
PHONE: 952-249-4600 PHONE: 612-701-9781
SUBJECT: FARR CONSTRUCTION - COI DATE: June 18, 2009
RE: 4655 TONKAVIEW LANE DEMOLITION PR03ECT
Lyle, Enclosed please find as follows:
1. 1 Certificate of Insurance as requested.
The MCWD Permit was mailed yesterday and everything should be set for a Tuesday the 23rd start
date.
Please keep in mind that utilities need to be disconnected at the site. Our primary concern would be:
1) Gas
2) Electric
3) Communications.
Gopher State Ticket # for project Is: 90263285 and will be completed by 6/22/2009 2:30 p.m.
Please call me with any questions and let me me know if I can be of further assistance
Thanks,
Fred 612-701-9781
7HEINFORMA7TON CONTAINED IN THIS ELECTRONIC TRANSMISSION MAYBE PRMLEGED AND
CONFIDEVML.ITIS INTENDED ONLY FOR THE USE OF THEINDMDUAL OR ENTITY NAMED ABOVE.IF 7NE
RECIPIENT OF THIS 7R4NSMISSIONIS NOT 7HEINTENDED REL7PIENT, OR AN EMPLOYEE OR AGENT
RESPONSIBLE 70 DELIVER IT TO 7HEINTENDED RECIPIENT,ANYDISSEMINA7TON, DIS 7 UBU7TON OR
REPRODUCTION OF THE TRANSMISSION IS SMC71 YPROHIBITED.
IF YOU RECErVW THIS TRANSMISSION IN ERROR PLEASE CODNTACT FARR CONS 7RUC 7TON AT 61217019781.
THANK YOU.
06/18/2009 14:39 FAX 7639726789 110002/0002
ACOM. CERTIFICATE OF LIABILITY INSURANCE. °°�""''
06/10/1009
Otmi,stopher J ROldW THIS CEMM91CATE if JSBUED AS A IAT'
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AGREEMENT TO ABATE HAZARDOUS CONDITIONS
The City of Orono and the owners of the property located at 4655 Tonkaview Lane,Orono,
Minnesota,legally described on the attached Exhibit"A"incorporated by reference herein(hereinafter
the"Subject Property"), do hereby enter into this Agreement for the removal of hazardous conditions
on the Subject Property. This Agreement is in consideration of the mutual representations and
promises as set forth herein and in consideration of good and valuable consideration,the sufficiency
and receipt of which is hereby acknowledged.
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
A. The City of Orono represents that it is a municipal corporation of the State of Minnesota
authorized to enter into this Agreement by Minnesota Statutes § 463.151.
B. Dennis A. Meyer,(hereinafter the"Owner"), warrants that he is the sole owner of the
Subject Property, and that on the date of his signature to this Agreement,the title to the Subject
Property is subject only to the following exceptions:
i. covenants, conditions,restrictions, declarations and easements of record,if any;
ii. reservations of minerals or mineral rights by the State of Minnesota,if any;
iii. building,zoning and subdivision laws and regulations; and
iv. unpaid taxes and special assessments.
C. The Owner represents and agrees that the condition of the buildings on the Subject
Property meets the definition of"hazardous building or hazardous property"as defined by Minnesota
Statutes § 453.15, Subd. 3.
AGREEMENT
1. The undersigned hereby agrees that the City of Orono shall, as soon as reasonably
practical after the signing of this Agreement,remove all trash, garbage and debris within the home
located on the Subject Property(the"Project"). The City may also remove and dispose of all personal
property and debris from the Subject Property.
145811
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2. The City shall also demolish the house located on the Subject Property.
3. The costs for the Project shall be borne by the Owner; provided,however,that if any
portion of said costs be outstanding more than thirty(30)days after mailing of an itemized statement
for the costs to the Owner,the deficiency shall be certified by the City Clerk to.the County Auditor for
the entry on the tax rolls of the county as a special assessment against the Subject Property. The
Owner does-hereby agree to waive any and all procedural or substantive objections to any assessments
against the Subject Property,including but not limited to notice and hearing requirements,and any
claim that the assessment exceeds the benefit to the Subject Property. The Owner waives any appeal
rights otherwise available pursuant to law or equity.
4. Costs subject to reimbursement and certification on the tax rolls as an assessment as
provided above shall include all reasonable costs incurred by the City for the Project,including,but not
limited to,attorneys' fees,permit fees,sealing and grouting of any wells found on the premises and
actual costs of demolition,removal, dumping,grading,lawn restoration,and any other costs
reasonably necessary to complete the Project.
CITY: CITY OF ORONO
By: 7z 1 1.J
ames M. ' e,Mayor
And:
William M. Wells,City Administrator
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this)R�"/day of JU pi-e- ,
2009,by James M.White and William M.Wells,respectively the Mayor and City Administrator of
the City of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
LINDA S.VEE
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2010
145811
OWNER
Dennis A. Meyer
I
STATE OF MINNESOTA )
) ss
COUNTY OFe�}
The foregoing instrument was acknowledged before me this-144y of lli��
2009,by Dennis A.Meyer, Owner.
Notary Public
MONICA A.FADNESS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2012
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
145811
EXHIBIT"A"
Attachment to Agreement to Abate Hazardous Conditions
SUBJECT PROPERTY
Legal Description:
145811
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