HomeMy WebLinkAboutAgreement re: septic system . . .
AGREF�MLNT 581'75�8
1. Parties. This is an agreement by and between Todd Ziesmer
and Marie Ziesmer, husband and wife, (hereinafter "the
Owners" } and the City of �rono, Niinnesota, a biinnesota
Municipal Corporation, (hereinafter "the City").
2 . Recitals.
A. The Owners own property in Hennepin County,
Minnesota legally described in Exhibit A, attached
(hereinafter "the Property").
B. This agreement is to amend the November 6, 1989
Holding Tank Agreement which the Owners signed on
December 4, 1989, hereto attached as Exhibit B. This
amendment is for the purpose of allowing the Owners to
construct a trench-type drainfield as a temporary
supplement to the holding tank sewage system currently
in use.
C. This approval is not transferrable to a new owner.
3. Aqreement of the Parties. The City and the Owners in mutual
consideration hereby agree as follows:
A. The City agrees to extend until July 1, 1992 the
Temporary Certificate of Occupancy previously granted
on March 1, 1989 and extended to September 1, 1990.
That Temporary Certificate will note the completion of
the septic system as a requirement for issuance of a
Final Certificate of Occupancy.
B. If no City Council decision has been made by July
1, 1992 regarding installation of municipal sewer, the
Owners agree to: 1) complete the mound drainfield
system within 60 days of that date, or 2) appear before
the City Council to request an extension of this
holding tank/temporary drainfield agreement and the
Temporary Certificate of O�cupancy.
�. T2ie i.ity ac�rees io aiiow th� Gwners, at the vwnErs'
expense, to have a licensed septic system contractor
i. , , . . . i.,.,. u. .�... ' F�c�L''7 �r t1,o F...^.^.t
iat5l.Q1i Gi iiil�iilili.Uil O1GC l.tcrii.a♦ u..Giiii.r. 1 - -
yard, as a supplement to the holding tank system. The
intent of such a drainfield system would be to treat
some portion of the sewage load on site, to minimize
the need for regular holding tank pumpouts. Such a
system, if installed, shall include an overflow holding
tank, 1000 gallons minimum capacity. The intent is
that whatever portion of the sewage load cannot be
treated by the drainfield system will overflow t,p the
holding tank for pumpout as necessary, thereby greatly
reducing the potential for surface discharge of sewage.
This drainfield/holding tank system shall be installed
TRANS�EIt �NTI�tED by a licensed septic system contractor, who shall be
DEa'T.OF►ROPERTYTAX&PUBUCRFCORDSrgSiJOrisible for obtaining the necessary permits. The
minimum standards and requirements for design and
�Ul. 29 1991 construction of the drainfield shall be determined by
City staff in conjunction with the Owners.
Page 1 of 4
IN COU ��N.��
B,Y�..a DEPCNV
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E. The City agrees to allow the installation of this
system on a temporary basis only, because soil testing
has indicated that scils in the front yard are not
suitable for permanent use of a trench type drainfield.
F. The Owners agree to abandon the temporary drain-
field system and construct the previously approved
mound system within 90 days of any of the following
events:
i. A final determination by the City Council that
the property will not be served by City sewer;
ii. Any incident of surface discharge of sewage;
iii. Sale of the residence.
G. The Owners agree to maintain the holding
tank/temporary drainfield system so that it does not
become a health or safety hazard or a public nusiance.
H. The Owners agree to continue to maintain a current
contract for regular pumpout, until such time that the
holding tank system is abandoned.
I. The Owners agree to connect the residence to the
municipal sewer in the standard 16 month time period
allowed for such connection, should City sewer become
available.
J. The Owners agree to cooperate with the City in
having this agreement recorded and further agree that
the agreement shall run with the property and will be
binding upon alI purchasers, successors, or assigns.
4. Miscellaneous. This agreement contains the entire
agreement between the parties pertaining to the subject
matter herein and it shall be modified only by written
agreement signed by the parties.
This agreement shall be governed and enforced under
appl�c�ble City �rui^ar.c�s a.^.d the laws of the State of
Minnesota.
Page 2 of 4
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In witness thereof, the parties have executed this agreement
cn the date below.
CITY OF ORONO ���'`� ;;��.
.�,
By. _ � BY• � .
Its Mayor City erk
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PROPERTY OWNERS �A�C� r�^
�
�`�—, ,� L/ ��f c,c� I +
'-e�.er
TATE OF MINNESOTA )
) ss.
COUNTY HENNEPIN )
The fo oing instrument was acknowledged bef on
this `� �-`�� day of r '� ��z� , by Barbara
A. Peterson & Dorothy . lin, M ity Clerk of the City
of Orono, a Minnesota mun' corporation and said instrument
t on b of the City.
s��, R. MORREIM � �
� NOTARYPUBUC—MINNESOTA �.� ;y,l_��� '�{.yyt./
HENNEPIN COUNTY -«�
MyCommissionExp(resJan.t3,�sas Notary Public
) SS.
COUNTY OF HENNEPIN )
On this �-� f�i day of / •"` h�� . 199 �
before me a Notary Public within and fa said county, persona}ly �,
appeared `"T�t'.n '?"� �i,��'.,���✓�f. fl�_ ���4c�_ "T� 'v��=��-xc�,�--.�''„ `�x��,��-( ���t,
known to me to be the pe on(s) described in and who✓executed' the ;-� �
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�, ' /�' `yy��.�2'L�-���»1.,'
,,�:��: CAROLE R. MORREIM �-������� � � / '-�
1� � NOTARYPUBLIC—MINNESOTA Notary Public
HENNEPIN COUNTY
' My Commission Expires Jan.13,�sss page 3 of 4
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STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this / `�� day of ,;;�ii/� � _, 19 �'.4 , by Barbara
A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City
of Grono, a Minnesota municipal corporation and said instrument
was executed on behalf of the City.
� LINDA S. VEE
w`�,�,�; NOTARY PUBLIC - MINNESOTA � � //
HENNEPIN COUNTY ��0� � � ���
..�:` My commiss;on expires 8-12-96 �
����" Notar Public
ThiS inst�t:.*n¢^t :�as draft�d by:
The City of Orono
1335 South Brown Road
P.O. Box 66
Crystal Bay, MN 55323
( 612) 473-7357
Page 4 of 4
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EXHIBIT A — LEGAL DESCRIPTION
That part or i�overnment Lot 3, Section 5,, Townshio 117
i�or•th, Ranye 23 West of the 5th Principal ��ieridian,
describnd as folloti��s: Qeginning at a point dist�nt
i;;'ii'i.:..�i `r��;, Yia�� l:il^ t�.12 E.2s�l. i11iC F +f, ti - �y
_ 0� �iie iJGri.i�cc5
quarter or `�e�t.ion 5, Township 117, Range 23 and distant
tU56.0 feet North or" the South Iine of the Northeast
��u,�rtPr of said Section 5 ; thencn East and parallel
�.n Lhe South line of said Northeast quarter a distancA
of 235. 73 feAt; thence South and parallel rn th� �ast
line of said fJortheast quarter a distance of 373.9 fe�� ;
thence �IPst and para.11el to the South line or said North-
�ast quarter a distance of 117.87 feet; thence South
and parallel with the East line or said Northeast quartAr
a distance of 259.25 `eet to the center line of County
Road; thence Westerly along center line of said road
a distance of 117.9 feet to a pcint distant 16�8.��
fe�t West or the East line of said iJortheast quarter;
thence North and parallel to the East line of said North-
east quarter a distance of 627.75 feet to the point
of beginning.
EXCEPT that part of the above described tract described
as follows: The South 100 feet of the North 373.y feet
of tfie East half of Lot 20, Auditor' s Subdivision Numb�r
2U3, Henne�in County, �Minnesota.
ei- � �. �+� . �r '�#'k� a� `.�c - t.^ t s,. x.�' .��, :�� <. �,.� .�,:,,, ,
y,� �' . j��f F '��'"4 t 4�A � �.P - t j �� .. .� x t saw� W.9. �ry�, a. .ry _
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EXHIBIT B
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P„ct Offirr Fi.�x f;h�('ryalnl Ftay,M�nn�Nr C►�i.I'L'{•Municipnl(mcew
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� ' • e On thv N��rth Shorr n/l,ake MennPlonka
November 6, 1989 ;
Todd ziesmer DEC - 6 ,
3440 Bayside Road
Long Lake, MN 55356
Re: Septic System - Agreement for Temporary Use of Holding Tanks
Dear Mr. Ziesmer:
Thank you for meeting with me in the office today to review �'
, your septic system situation. The intent of this leLter is to ,
serve as an agreement between you and the City of Orono regarding �:}
temporary use of your existing septic tanks as a holding tank
system.
The following are proposed as conditions and stipulations of
the City's temporary approval for your holding tanks:
1. The Temporary Certificate of Occupancy granted 3/1/89 �;
shall be extended to 9/1/90. That Temporary Certificate �
will note the completion of septic system as a requirement .
for issuance of a final Certificate of Occupancy.
2. You will provide the City with a written contract
between you and a licensed septic system pumping contractor. ,
That contract shal]. stipulate that tanks will be checked at
l.east weekly by the pumping contractor and pumped out as
often as necessary to avoid any surface discharge from the
tanks.
3. If the City Council at some date prior to 9/1/90 makes a
definite decision that municipal sewers will not be provided
for your area, you will be required to complete your septic
system within 60 days of that decision (weather permitting,
if in the winter) .
4. Zf no City Council decision has been made by 9/1/90
regarding � nstallation of mur.icipal sewer, you will be
required to complete the septic system within 60 days or
appear before the Council to request an extension to your
holding tank use.
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Todd Ziesmer, 3440 Ba;�side Road
November 6, 1989
Page 2 of 2
5. If at any time the holdinq tanks are found to be
overflowing and discharging to the surface► the City would
reserve the right to nullify this aqreement and require
insrzCiat� co:�p':.e*:v- �f �?:e ^�p��^ �v�t^n-
.
6. At any time during the term of this agreement, if the �
house is sold, the system must be completed immediately. '
This approval for holding tanks is not transferrable to a
new �wner. i
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7. The property owner bears the responsibility for `
maintaining the holding tank system so that it does not �
� �ecome a health or safety hazard nor a public nuisance. ;
I �
; This agreement shall be effective upon receipt of a copy of �
the agreement signed by the property owner (and a representative
if owners' mortgage holder, if one exists) in the space provided,
and upon recei�t of the required pumping con�ract.
Sincerely, ,
l� _� ,'��--e:_-� - -- �
1.-- �
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Michael P. Gaff on,
Asst Pl.anning & 2oning Administrator
MPG/tln
We, the undersigned, are owners of the property a� 3440
cayside Fccad and a7ree �n c+enali of ourseives anti ouz t�eirs,
suc�e:ssors and assigns, to the terms and conditions contained
within this Ietter.
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P operty Owner Property Ot.•ner Date
Representative of Mortgage Co. Title Date
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