HomeMy WebLinkAbout2014 - Agreement for removal &/or ret. of exist. struc. •
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111 OM 1111 111111111
c, Doc No 105181036
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Certified, filed and/or recorded on
Jun 27, 2014 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 42 Pkg ID 1125520M
Doc Name: Agreement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1199712
This cover sheet is now a permanent part of the recorded document.
(Reserved for Recording Data)
Agreement for Removal and/or Retention of Existing Primary Structure
and Detached Non-Conforming Accessory Structure
During Construction of Principal Structure
Right-of-Entry
THIS AGREEMENT,made and entered into this `I day of 4-CAM ems,
2014,by Asim Majeed and Grace M.Majeed,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,the Applicants are the owners of the Subject Property,which property is
located at 1261 Wildhurst Trail within the City of Orono,County of Hennepin, State of
Minnesota,and legally described on the attached Exhibit"A"(hereinafter referred to as the
"Subject Property"); and
WHEREAS,the Subject Property contains an existing residential structure("Existing
Primary Structure") and a detached non-conforming accessory structure("Accessory Structure")
as shown on the survey or site plan attached hereto as Exhibit"B"; and
WHEREAS,the Applicants have made application to the City to build a new principal
residence ("Principal Structure")and seek City approval to remain living in the Existing Primary
Structure until the Principal Structure is completed; and
WHEREAS, the City intends to allow the Existing Primary Structure and Accessory
Structure to remain on the Subject Property during the completion of the construction of the
Principal Structure; and
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WHEREAS,the City intends to grant a Temporary Certificate of Occupancy upon
receipt of a$10,000 escrow for the Principal Structure so that Applicants can demolish the
Existing Primary Structure and Accessory Structure and complete the final grading and
landscaping;
WHEREAS, said demolition of Existing Primary Structure and Accessory Structure
shall be completed within 30 days from issuance of the Temporary Certificate of Occupancy.
WHEREAS,the applicants have submitted an as-built survey and the City has inspected
and approved the final grading and landscaping,the City will issue a Final Certificate of
Occupancy to Applicants for the Principal Structure.
NOW,THEREFORE,THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the Existing Primary Structure and the Accessory Structure on the
Subject Property during the completion of the construction of the Principal Structure,
subject to the following conditions:
A) Applicant agrees to obtain the necessary building permits for construction of the
Principal Residence.
B) Applicants agree to complete the demolition and removal of the Existing Primary
Structure and Accessory Structure,within 30 days of the issuance of the
Temporary Certificate of Occupancy for the Principal Structure, and obtain an
inspection and approval by the City.
C) Applicants agree to submit an as-built survey, complete grading and landscaping
and obtain an inspection and approval by the City.
D) If the Applicants fail to(i)perform the demolition and removal obligation of the
Existing Primary Structure and Accessory Structure on the Subject Property; and
(ii) complete grading and landscaping and obtain City inspection and approval, as
set forth in subparagraphs B and C above, the Applicants hereby agree as follows:
1) The City may enter upon the Subject Property and remove the Existing
Primary Structure and the Accessory Structure;
2) The City may enter upon the Subject Property and complete grading and
landscaping; and
3) The City may assess the costs of removal to the Subject Property.
2. 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 their signature(s)upon this document.
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3. 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.
CITY OF ORONO:
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By: , '. 4-4( .,. _, ' :s9.i i�t-J
Lill od McMi lan Its aye
- ;.i'' Y . - I
By:----Te),, ' ' _AP/
-- - LoftuIS 'd •'nistrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument w acknowlee�d$ed before me this q day of
, 2014,by ' ' i iIlW n and Jessica Loftus,respectively, the Mayor
andty inistrator for the Cityof Orono, a Minnesota municipal corporation, on behalf of
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the City and pursuant to the authority granted by its City Council.
rl-/✓t./„/,/..,..111,,,,/.,/yJ./l./././, _,,-S Notary Public
p„,„. - MONICA A.FADNESS
NOTARY PUBLIC-MINNESOTA
.;,4;:,,} My Commission Expires Jan.31,2017 l�
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APPLICANTS:
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Asim aj ;d
1L14 , I
Grace . Majeed
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 4 day of
GUY\t.. , 2014,by Asim Majeed and Grace M. Majeed,husband and wife.
. g"-A--Q--f/V-e--(1-41/
�II,/1.1�1././'lllllll✓llllJl✓YY✓-c- Notary Public
ti 4 _,,; MONICA A.FADNESS
..:.--vi.'-f:�. NOTARY PUBLIC-MINNESOTA
'Ir1 k My Commission Expires Jan.31,2017
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM/jmo
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EXHIBIT A
Lot 48, and that part of Lot 49 lying Southwesterly from a straight line drawn from a point in the
Westerly line of Lot 69 which points is 98.35 feet South from the Northwesterly corner of said
Lot 69 to Southeasterly corner of said Lot 49, "Tonkaview Gardens Hennepin County Minn."
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