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HomeMy WebLinkAboutRe: agreement/dock - 2014 do Doc No T05207563 Certified, filed and/or recorded on Oct 14, 2014 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1164841M Doc Name: Agreement Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1391012 This cover sheet is now a permanent part of the recorded document. 1 1 r f (Reserved for recording data) Agreement for Removal or Retention of Accessory Dock Right-of-Entry ✓THIS AGREEMENT,made and entered into this -90 r14 day of LLvn 4 � 2014, Raphael T. Wallander and Laura C. Wallander, husband and wife, (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS,Applicants have made application to the City for demolition of the principal residence structure on the property located at 1070 Tonkawa Road, within the City of Orono, Hennepin County, State of Minnesota, and legally described on Exhibit"A" (hereinafter referred to as "Subject Property"); and WHEREAS,the Applicants are the owners of the Subject Property; and WHEREAS,the Subject Property contains a principal residence structure and a conforming accessory structure (hereinafter referred to as"private dock") shown on the survey or site plan attached hereto as Exhibit`B"; and WHEREAS,Applicants are aware that according to Orono Municipal Zoning Code Section 78-1432, at the time the principal structure is removed, all nonconforming accessory structures, such as the private dock, shall also be removed; WHEREAS,the ordinances of the City require removal of all accessory structures at the time of removal of the principal structure,because such accessory structures may become a public nuisance due to lack of on-site property control and management; and WHEREAS,the Applicants intend to, upon demolition of the principal structure, immediately replace the principal structure on the site with a new principal structure and in a location such that the existing private dock will remain conforming. 1 178125v1 r 1 WHEREAS, at the Applicants' request,the City intends to allow the private dock to remain on the Subject Property during demolition of the existing principal structure and during construction of the new principal residence structure with the expectation that said private dock will again become conforming as soon as construction of the new principal residence is completed. NOW,THEREFORE,THE PARTIES TO THIS AGREEMENT AGREE TO THE FOLLOWING: 1. Applicants may retain the existing private dock, subject to the following conditions: A) Applicants agree to obtain a building permit for construction of the replacement residence within ninety(90) days of demolition; to begin construction on the new residence within one hundred twenty (120) days of demolition; and to complete all exterior work within one (1)year of building permit issuance and interior work within two (2) years of building permit issuance. B) In the event that any activity described in item A) has not been accomplished within the defined timeframe, the Applicants shall remove the private dock at the Applicants' expense. C) If one of the item A)events occur and the Applicants fail to perform their removal obligations per the above provisions,the Applicants hereby agree as follows: (1) The City may enter upon the property and remove the private dock. (2) The City may assess the costs of removal to the property. 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. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Agreement and to its terms, as shown by his/her/their signatures upon this document. 4. Applicants 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. APPLICANTS: Raphael T. Wallander 2 17s12sv1 Laura C. Wvallander STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4 day of Se C3 3,e- , 2014, by Raphael T. Wallander and Laura C. Wallandee, husbar d and wife. �.•Y.,rwrWrWWyyy ` `` CKRI J.LONGSDORF Notary Pu lic �. NOTARY Pl1 W-M WJESOTA My Comniic:ia+Ekins Jin.St,24ti �1� . CITY OF ORONO: By, % � Lili Tod McMillan Its Mayor -c -c By Rachel Dodge, Its City Clerk 0 r1!o' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Z- day of 2014, by Lili Tod McMillan and Rachel Dodge, respective y the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. SANDRA KAY PETTIT Notary Public NOTARYPlRE-M WMTA Yp O=mM m EonJu.31,2015 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve 178125vl Eagan,Minnesota 55121 Telephone: (651)452-5000 AMP S`` I I Y .I,Ja .1 M 7�~ a VIII I f I t; nr f I 14 178125v1 �I EXHIBIT "A" to Agreement for Removal or Retention of Accessory Dock Lot 2, Block 1, Ryanwood, Hennepin County, Minnesota. PID No. 08-117-23-13-0020 5 17a125A EXHIBIT "B" to Agreement for Removal or Retention of Accessory Dock -'!-N , e _ 5. s5 r .p A - {rll I _z4 '2r• ,rel i r _..•. � ��..,,y _*._.. •. _y,_:.,y ., ria „� .,. F I rr i J 41 1 , Parcel 08-117-23-13-0020 A-T-B: Torrens J Map Scale: 1"= 100 ft. N I Print Date: 9/10/2014 Ownee r James E Suddendorf Et Al Market $1,355,000 Name: Total: Parcel 1070 Tonkawa Rd Tax $18,677.60 Address: Orono, MN 55356 Total: (Payable:2014) Property Residential Lake Shore Sale $1,197,500 Type: Price: This map is a compilation of data from various sources and is furnished"AS IS"with no Home- Homestead Sale 08/2002 representation or warranty expressed or stead: Date: implied,including fitness of any particular j purpose,merchantability,or the accuracy and i completeness of the information shown. Parcel 0.99 acres Sale Area: 43,320 sq ft Code: Warranty Deed j COPYRIGHT©HENNEPIN COUNTY 2014 6 178125v1