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Home My WebLink AboutResolution 6229 4 � O� O , O CITY of ORONO - . � � '' � RESOLUTION OF THE CITY COUNCIL �� ` G'�'� NO. � � 24 ��kEsHog'� RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS,the Building Inspector of the City of Orono has attempted without success to have the owner of certain property remedy the hazardous condition of the detached structure (boathouse) situated on property at 2740 Shadywood Road, Orono, Minnesota; and WHEREAS,the City Council has determined that the condition of the boat house located at 2740 Shadywood Road constitutes a Hazardous Building within the meaning of Minnesota Statutes § 463.15, Subd, 3. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. Pursuant to Minnesota Statutes § 463.16 et se�c.,the City hereby adopts and approves the Demolition Order for Removal of Hazardous Building attached hereto as E�chibit"A". 2. The City of Orono finds that the condition of the property located at 2740 Shadywood Road, Orono,Minnesota, is a health and safety hazard and contains a hazardous building within the meaning of Minn. Stat. § 463.15, Subd. 3. 3. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Demolition Order and to proceed with enforcement in accordance with Minnesota Statutes §463.15 et se�. � ADOPTED this_�day of ��, 2013,by the City Council of the City of Orono, Minnesota. CITY OF ORONO By: �• ��<:.f k.XJ�' Lili McMillan,Mayor ATTEST: �`��C[-< �C-Q� �(�YX_�_ Rachel Dodge,City Clerk i i�»L�� _ EXHIBIT A � STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. IN RE: The Matter of a Hazardous Building DEMOLITION ORDER Located at 2740 Shadywood Road, City FOR REMOVAL OF A of Orono, Hennepin County, Minnesota HAZARDOUS BUILDING TO: The following Owners and lien holders of the above real estate: Elaine T. Pagonis, 2740 Shadywood Road, Excelsior, Minnesota 55331; Investors Savings Bank, F.S.B, k/n/a US Bank National Association, c/o U.S. Bancorp, 800 Nicollet Mall, Minneapolis, Minnesota 55402; Cindy Setum and Mike Setum, 17410 29th Avenue North, Plymouth, Minnesota 55447; Mark P. Hallin, 1963 Lakeside Lane, Mound, Minnesota 55364; USA, c/o U.S. Attorney's Office, 600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota 55415; Internal Revenue Service, c/o U.S. Attorney's Office, 600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota 55415. PLEASE BE ADVISED that pursuant to order of the Orono City Council and by authority of Minnesota Statutes § 463.15 et seg., you have twenty (20) days from the date of service of this Order upon you,to remedy the health and safety hazard and the hazardous condition of the building situated on property at 2740 Shadywood Road in the City of Orono, County of Hennepin, State of Minnesota, and legally described as follows: Tract D, Registered Land Survey No. 420, County of Hennepin, except that part thereof lying Northwesterly of a line drawn from a point on the Southwesterly line of said Tract D, 21.51 feet Southeasterly from the most Westerly corner to a point on the North line of said Tract D, 7.57 feet East from the Northwest corner thereof, and except that part of said Tract D lying Southwesterly of a line parallel with and 40.0 feet Northeasterly of the following described line: Beginning at a point 2563.58 feet North and 2379.31 feet West of the Southeast corner of Section 21, Township 117, Range 23; thence North 57 , degrees 47 minutes West a distance of 176.36 feet to the actual point of beginning of the center line to be described; thence continuing North 57 degrees 47 minutes West a distance of 900.00 feet and there terminating. For the purpose of this description the East line of said Section 21 shall be 170097 designated as a line bearing North 1 degree Il minutes 55 seconds East, Hennepin County,Minnesota. [Certificate of Title No. 1174076J The Chief Building Official for the City of Orono has inspected the above referenced property. The subject property contains a dilapidated boat house severely rotted with no sturdy foundation or structure which is beyond repair. The inspection revealed that the boat house as presently situated on the property is unfit for any type of storage and constitutes a health and safety hazard to the residents of the City of Orono. All personal property and fixtures shall be removed from the building within twenty (20) days from the date of service of this Order. If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes § 463.19 unless you remedy the situation within said twenty(20)day period or unless an answer is filed within twenty(20) days of service of this Order upon you. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minnesota Statutes § 463.21. Dated: S� �J ,2013. CAMPBELL KNUTSON Professional Association By: �--,��'� ' Soren M. Mattick, #27785X City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 170097 ACKNOWLEDGMENT The City of Orono, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.21, Subd. 2. Dated: S��3 , 2013. � �i� • . Soren M. Mattick, #27785X 170097 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. IN RE: The Matter of a Hazardous Building DEMOLITION ORDER Located at 2740 Shadywood Road, City FOR REMOVAL OF A of Orono, Hennepin County, Minnesota HAZARDOUS BUILDING TO: The following Owners and lien holders of the above real estate: Elaine T. Pagonis, 2740 Shadywood Road, Excelsior, Minnesota 55331; Investors Savings Bank, F.S.B, k/n/a US Bank National Association, c/o U.S. Bancorp, 800 Nicollet Mall, Minneapolis, Minnesota 55402; Cindy Setum and Mike Setum, 17410 29th Avenue North, Plymouth, Minnesota 55447; Mark P. Hallin, 1963 Lakeside Lane, Mound, Minnesota 55364; USA, c/o U.S. Attorney's Office, 600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota 55415; Internal Revenue Service, c/o U.S. Attorney's Office, 600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, Minnesota 55415. PLEASE BE ADVISED that pursuant to order of the Orono Ci�y Council and by authority of Minnesota Statutes § 463.15 et se�., you have twenty (20) days from the date of service of this Order upon you,to remedy the health and safety hazard and the hazardous condition of the building situated on property at 2740 Shadywood Road in the City of Orono, County of Hennepin, State of Minnesota, and legally described as follows: Tract D, Registered Land Survey No. 420, County of Hennepin, except that part thereof lying Northwesterly of a line drawn from a point on the Southwesterly line of said Tract D, 21.S1 feet Southeasterly from the most Westerly corner to a point on the North line of said Tract D, 7.57 feet East from the Northwest corner thereof, and except that part of said Tract D lying Southwesterly of a line parallel with and 40.0 feet Northeasterly of the following described line: Beginning at a point 2563.58 feet North and 2379.31 feet West of the Southeast corner of Section 21, Township 117, Range 23; thence North 57 degrees 47 minutes West a distance of 176.36 feet to the actual point of i�oioo 1 beginning of the center line to be described; thence continuing North 57 degrees 47 minutes West a distance of 900.00 feet and there terminating. For the purpose of this description the East line of said Section 21 shall be designated as a line bearing North 1 degree 11 minutes SS seconds East, Hennepin County,Minnesota. [Certificate of Title No. 1174076J The Chief Building Official for the City of Orono has inspected the above referenced property. The subject property contains a dilapidated boat house severely rotted with no sturdy foundation or structure which is beyond repair. The inspection revealed that the boat house as presently situated on the property is unfit for any type of storage and constitutes a health and safety hazard to the residents of the City of Orono. All personal property and fixtures shall be removed from the building within twenty (20) days from the date of service of this Order. If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. The City will move the District Court for summary enforcement of this Order pursuant to Minnesota Statutes § 463.19 unless you remedy the situation within said twenty(20)day period or unless an answer is filed within twenty(20) days of service of this Order upon you. Upon enforcement of the Order by the City, all costs expended by the City will be assessed against the real property and collected as other taxes as provided in Minnesota Statutes § 463.21. Dated: �I 1,,,3 , 2013. CAMPBELL KNUTSON Professional Association B � �� ' Y• Soren M. Mattick, #27785X City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 i�oloo 2 ' ACKNOWLEDGMENT The City of Orono, by and through its undersigned attorney, acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes § 549.21, Subd. 2. Dated: , 2013. � ��. Soren M. Mattick, #27785X »oioo 3