HomeMy WebLinkAbout1991 - Homeowner Sewer AgreementAGRBBNBMT
Parti€8, This is an agreement by and between Todd Ziesmer
and Marie Ziesmer, husband and wife, (hereinafter "the
Owners") and the City of Orono, Minnesota, a Minnesota
Municipal Corporation, (hereinafter "the City").
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 whi.;h 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.Agreement 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
Pinal 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 Occupancy.
C. The City agrees to allow the Owners, at the Owners*
expense, to have a licensed septic system contractor
install a minimum site trench drainfield in the front
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 to the
holding tank for pumpout as necessary, thereby greatly
reducing the potential for surface discharge of sewage.
This drainfield/holding tank system shall be install^
by a licensed septic system contractor, who shall be
responsible for obtaining the necessary permits. The
minimum standards and requirements for design and
construction of the drainfield shall be determined by
City staff in conjunction with the Owners.
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E. The City agrees to allow the installation of this
system on a temporary basis o-.ly, because soil testing
has indicated that soils in the front yard are not
suitable for permanent use of a trench type drainfield.
P. 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 2
i. A final determination by the City Council that
the property will not be served by City sewerr
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 all 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
applicable City Ordinances and the laws of the State or
Minnesota.
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STATE OP MINNESOTA )
)sa.
CODNTY OP HENNEPIN )
Tha foregoing Inatrunent waa acknowledged before me on
thia //^ day of 19 °n . by Barbara
Ae P«terson ft Dorothy Me Rallln# Mayor ft City Clark of the City
of Orono, a Minnesota municipal corporation and said instrument
was executed on behalf of the City.
L/XD4 S. VEE
notary public - mm____HENNEPIN COUNTY _
My cowwUNOH B»lMi
t.
I
Mot«]^ Public
This instrument was drafted byi
The City of Orono
1335 South Brown Road
P.O. Box 66
Crystal Bays MM 55323
(612) 473-7357
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