HomeMy WebLinkAboutAgreement for Removal of Access Struct Agreement for Removal of Accessory Structures
Right-of-Entry
THIS AGREEMENT, made and entered into this day of
2008, by Christopher J. Hedberg and Heidi H. Hedberg, husband and wife, (hereinafter refer d 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 3940 Watertown Road within the City of
Orono, Hennepin County, State of Minnesota, such property legally described as:
Exhibit A attached
(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
accessory structures consisting of a pole building (hereinafter referred to as the "Pole Building"),
a milk house (hereinafter referred to as "Milk House"), and a barn (hereinafter referred to as "the
Barn") shown on the survey attached hereto as Exhibit B; and
WHEREAS, on August 13, 2007, with land use application 07-3304 the Applicants
received setback variances to allow the Barn to remain in its existing non-conforming location; and
WHEREAS, the Applicants are aware that according to Orono Municipal Zoning
Code Section 78-1432, once the principal structure has been removed the conforming accessory
structures will no longer be conforming, as they will no longer be accessory to an existing principal
structure; and
WHEREAS, it is the policy of the City to 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 in a location
such that the Barn will remain conforming; and
WHEREAS, the City intends to allow the Barn to remain on the Subject Property
during construction of the new principal residence structure and the Barn will again become
conforming as soon as construction of the new principal residence is completed.
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NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE FOLLOWING:
1. Applicants may retain the existing accessory structures, subject to the following conditions:
A) Applicants 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 interior work within 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 accessory structures at the
Applicants' expense, or the Applicants shall apply for an extension of this
Agreement.
C) If one of the item A events occurs and the Applicants fail to perform their
obligations per item B, the Applicants hereby agree as follows:
1. The City may enter upon the property and remove the accessory building(s).
2. The City may assess the costs of removal to the property.
3. The Milk House shall be removed prior to the issuance of a Certificate of Occupancy for
the new residence.
4. It is the intent of the City to permit the Barn to remain on the property as long as the
conditions listed in Item #1 above are met.
5. 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.
6. 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 signature(s) upon this document.
7. 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.
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CITY OF ORONO:
By:
Its Mayor
By:
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2008, by and
, the and
of the City of Orono on behalf of the municipal corporation.
Notary Public
3
APPNT(S):
By: TA4 `
ACKNOWLEDGEMENT(APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
20 by S �'� and
getdi edbe�-a husbar?d and fe, as their free act and deed.
�'M wjI f&. YUP ow alDry
Notary Public
: Iri v ti a ki.X11 1 (SC)1d
WG)kAl PUSUe-WNNESOTA
Cal,iAftiri Erptre3 Jan.V,2W a/
" • �,�f�:.,.,.,�r;«+.,k,;.._�: ,.asvw� FEEO NER( ):
By:
BARBARA G. SILUS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2008 By
ACKNOWLEDGEMENT(FEE OWNERS) 01
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Th foregoing instrument was acknowledged before me this tg `day of
20D by eArls-10 /L e-- 66,6 and
husband and wife, as their free act and deed.
M .
+oma rs-°FV-i:Rbi,`I
Notary Public
ii�� M. �
I A0 ,r' i�i �IiAi�SON
i:,r„or..rmsamn Expires Jen.V.2908 /Ul��.►� 'Pit C�
�"' �K ants ifi:n r r,F ic'."xd00diNRiFVVV M
BARBARA G. SILUS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31.2008
4
LEGAL DESCRIPTION OF PREMISES SURVEYED
That part of the Northwest Quarter of the Southwest Quarter of Section 32,
Township 118 North, Range 23 West of the 5th Principal Meridian, described as
follows: Commencing at a point 100.81 feet East of a point 878.6 feet south of
the northwest corner of the Southwest Quarter of said Section 32; thence North
parallel with the West line of said Section 284 feet; thence northeasterly 147.7
feet to a point in a line extended 313 feet southeasterly from a point in the West
line of said Section, distant 304.6 feet south of the northwest corner of the
Southwest Quarter of said Section; thence northwesterly along said diagonal line
to a point 26 5/8 rods (439.31 feet) south of the North line of said Southwest
Quarter; thence East to a point 30 rods (495 feet) east of the West line of said
Southwest Quarter; thence North 26 5/8 rods (439.31 feet) to the North line of
said Sout^west Quarter; thence East 30 rods (495 feet); thence South 26 5/8
rods (439.31 feet); thence West 21 rods (346.5 feet); thence South 26 5/8 rods fi
(439.31 feet); thence West to the point of beginning; EXCEPTING from the
above described tract that portion thereof lying southerly and southwesterly of
the center line of Watertown Road.
o denotes iron marker
(1008.3): denotes existing spot elevation, mean sea level datum
� : denotes proposed spot elevation, mean sea level datum
-- 917---: denotes existing contour line, man sea level datum
'^l denotes proposed contour line, mean sea level datum
=a-0 : denotes proposed silt fence
Bearings shown are based upon an assumed datum
Note: Distances shown in parentheses are added to the description by us to clarify dimensions.
This survey shows the boundaries of the above described property, the location
of all existing buildings, and the proposed location of a proposed house thereon.
It does not purport to show any other improvements or encroachments.
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