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HomeMy WebLinkAbout12/22/2020 - Recorded Agreement For Removal and/or Retention of Accessory Structure During Construction of Principal Structure Addition Right-of-Entry 11111 I I 1111 LAND TYPE Abstract (A) DOC NUM 10890088 Certified, filed and/or recorded on Dec 22, 2020 1:55 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 161 Pkg ID 2136860E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (Reserved for Recording Data) Agreement for Removal and/or Retention of Accessory Structure During Construction of Principal Structure Addition Right-of-Entry THIS AGREEMENT,made and entered into this )? day of 0C-4per 20/4 by Ronald Rocca and Holly Rocca, 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 2520 Casco Point Road 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 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 an addition to the principal residence ("Principal Structure") and seek City approval to maintain the Existing Accessory Structure until the Principal Structure addition is completed; and WHEREAS,the City intends to allow the Existing Accessory Structure to remain on the Subject Property during the completion of the construction addition to the Principal Structure; and WHEREAS, once the City has approved the final inspections for the Principle Structure addition, the demolition of the Existing Accessory Structure, grading and landscaping shall be completed within 60 days from the approval of the final inspection. 1 I76503v1 NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE FOLLOWING: 1. Applicants may retain the Existing Accessory Structure on the Subject Property during the completion of the construction of the addition to Principal Structure, subject to the following conditions: A) Applicant agrees to obtain the necessary building permits for construction all project. B) Applicants agree to complete the demolition and removal of the Existing Accessory Structure, complete grading and landscaping within 60 days of the final inspection for the addition to the Principal Structure, and obtain an inspection and approval by the City. C) If the Applicants fail to (i) perform the demolition and removal obligation of the Existing Accessory Structure on the Subject Property; and (ii) complete grading and landscaping and obtain City inspection and approval, as set forth in subparagraph B above, the Applicants hereby agree as follows: 1) The City may enter upon the Subject Property and remove the Existing 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 his/her/their/its signature(s) upon this document. 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. (Signatures contained on the following pages.) 2 176503v1 CITY OF ORONO: aa) • t •%��fl ' Dennis Walsh, Mayor 0 . Q , By. Fes_ D in Ri , City Adirhistrator w:a STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of be�obe r , 20,4 by Dennis Walsh and Dustin Rief, respectively, the Mayor and City Administrator for the City of Orono, a Minnesota municipal corporatio.. on behalf of the City and pursuant to the authority granted by its City •. ncil. / 11JJ-rl!•�1llllllllJl!!!l111J! Notary Public - ANNA MARIE CARLSON Y' <- NOTARY PUBLIC•MINNESOTA ' My Commission Expires Jan.31,2025 11l • Y!lJlJJllll111!!!!!l! 3 176503v1 • APPLICANTS: • 0/ 1:9 onald Rocca 631atitA Holly cca STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this & day of ©c; j , 2020, by Ronald Rocca and Holly Rocca, husband and wife. Notary Public szoz.it kenuel saxax3 uoaquw 03 ,,•;F;..,: roseuuM ollgnd AnnoN NOSNHOe V VOOi1V DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/jmo 4 176503v1 EXHIBIT A The southwesterly half of Lot 4, Block 6, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota 5 176503v1 • . EXHIBIT B ...-i ,_3:...,._ Proposed ---Accessory Th . , ------ Building ------------------ 11- I i, _i_____A.',4140 k '_ tt .-- II! ._. .., --- : - t Tftil I 2 I I I ---41'- ___________,____________ To be removed 6 176503v1