The URL can be used to link to this page

Home My WebLink About#12-3554 Agreement Removal Retention of Nonconforming acc structure3 8 g-f ~rn1 1-}v-e,nlAL-----' 11111111111111 111111 II I 1 ftj~ Doc No A09975763 Certified, filed and/or recorded on Jul 5, 2013 10:00 AM Office of the County Recorder Hennepin County , Minnesota Martin McCormick, County Recorder Mark V. Chapin , County Auditor and Treasurer Deputy 21 Pkg ID 997435M Doc Name: Agreement Document Recording Fee $46 .00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Agreement for Removal or Retention of Nonconforming Accessory Structures Right-of-Entry THIS AGREEMENT, made and entered into this 20 day of J~ 2013 by Douglas M. Englund and Ann Englund, husband and wife (hereinafter collectively referred to as the "Applicant") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Applicant has made an application to the City for demolition of the principal residence structure on the property located at 3884 Cherry Avenue, and such property is legally described on Exhibit "A" (hereinafter referred to as "Subject Property"); and WHEREAS, the Applicant is the owner of the Subject Property; and WHEREAS, the Subject Property contains a principal residence structure, a detached accessory structure, a pump house, concrete wall, concrete pad and wooden steps in the 0-7 5' zone (hereinafter referred to as "Nonconforming Accessory Structures") shown on the survey or site plan attached hereto as Exhibit "B"; and WHEREAS, Applicant is aware that according to Orono Municipal Zoning Code Sections 78-1432, at the time the principal structure is removed, all nonconforming accessory structures shall also be removed; and WHEREAS, the ordinances of the City require removal of all accessory structures at the time of removal of the principal structure, because such accessory structures may become a public nuisance due to lack of on-site property control and management; and WHEREAS, the Applicant intends to, upon demolition of the principal structure, immediately replace the principal structure on the site with a new principal structure; and WHEREAS, at the Applicant's request the City intends to allow the Nonconforming Accessory Structures to remain on the Subject Property during demolition of the existing principal structure with the expectation that a new principal structure will be constructed. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE FOLLOWING: 1. The Applicant may retain the existing Nonconforming Accessory Structures, subject to the following conditions: A) Applicant agrees to obtain a building permit for construction of the replacement residence within sixty (60) days of demolition; to begin construction on the new residence within one hundred twenty (120) days of demolition; and to complete all exterior work within one (1) year of building permit issuance and interior work within two (2) years of building permit issuance. 170752 1 B) In the event that the activity described in item A above has not been accomplished within the defined timeframe, the Applicant shall remove the Nonconforming Accessory Structures at the Applicant's expense. C) If the Applicants fail to perform their removal obligations per the above provisions, the Applicant hereby agrees as follows: 1) The City may enter upon the Subject Property and remove the Nonconforming Accessory Structures; 2) The City may assess the costs of removal to the property. 2. This Agreement shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 3. Fee owner(s) of the Subject Property, if not the Applicant, consents to the execution of this Agreement and to its terms, as shown by his/her/their signature(s) upon this document. 4. Applicant 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. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY OF ORONO: By:~~~-----"'a"--'--, lz~2_ t<Jl--'--=---'-7 . "'--"'=--~~·~ _ Lili Tod McMillan, Its Mayor By:_~~-~---/A_~-~ Rachel Dodge , Its City Clerk cr--= The. foregoing instrument was acknowledged before me this d-</-day of ~i,L.n.,_ , 2013 by Lili Tod McMillan and Rachel Dodge, respectively the Mayor and ty Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 170752 MONICAA . FADNESS NOTARY PUBLIC · MINNESOTA My Commission Expires Jan. 31, 2017 ~:c l~ Notary Public 2 APPLICANT: By: __ Q __ ~___,,_L~-~-_..f---L. __ J ___ _ Douglasilfnglu:a-==z By:_~~E~~gl-und-~~0-f-Wl ___ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2D day of J lV>1..-L 's:- 2013 by Douglas M. Englund and Ann Englund, husband and wife , as thejr free act and deed. No~~~g~ e BARBARA G. SILUS NOT ARV PUBLIC· ~ES()TA My Comm1ss1on Expilel Jan. 31, 2011 DRAFTED BY : Campbell Knutson Professional Association 317 Eagandale Office Center 13 80 Corporate Center Curve Eagan, Minnesota 5 5121 Telephone: (651) 452-5000 [SMM] 170752 3 EXHIBIT "A" The following property in Hennepin County, Minnesota: Lot 16, Block 3, Crystal Bay View, and the easterly 1/4 of Lot 17, Block 3, Crystal Bay View. The line dividing the westerly 3 / 4 from the easterly 1 /4 of said Lot 17 is hereby defined to be a line drawn from a point on the southerly line of said Lot 17 distant 15 .00 feet westerly, measured along said southerly line, from the southeasterly corner of said Lot 17 to a point on the traverse line, as said line is hereinafter defined, 10 feet westerly, measured along said traverse line, from the East line of said Lot. As used herein the term "traverse line" is hereby defined as a line running from a point on the East line of said Lot distant 226. 7 feet northerly of the southeast corner of said Lot to a point on the West line of said Lot distant 223 .3 feet northerly of the Southwest corner of said Lot, Also, that part of the westerly 3 / 4 of Lot 17, Block 3, Crystal Bay View, lying southeasterly of the following des·cribed .tine: Beginning at a point on the easterly line of said westerly 3 / 4 of Lot 17 distant 68.45 feet-northerly from the southeasterly corner of said westerly 3 / 4 of Lot 17; thence southwesterly to a point on the southerly line of said Lot 17 distant 11 feet northwesterly, measured along said southerly line, from said southeasterly corner of the westerly 3 / 4 of Lot 17, and there ending. The line dividing the westerly 3 / 4 from the easterly 1 /4 of said Lot 17 is hereby defined to be a line drawn from a point on the southerly line of said Lot 17 distant 15.00 feet westerly, measured along said southerly line, from the southeasterly corner of said Lot 17 to a point on the traverse line, as said line is hereinafter defined, 10 feet westerly, measured along said traverse line, from the East line of said Lot. PIN No. 08-117-23-33-0084 170752 4 170752 I f.1\Si\l'IG/ 1-{QUSt. I p696/ I I I EXHIBIT "B" Li\lZE M.lNNE10NlZA NOR'flt l\RM col'liOUR Ul'lt. --------- -------------------L------------- .... ;;::::::::··/ .\:-------· -- 0,, t 1.............................. ..... (e.«:i.ll ~ _..,,.- '\ C Ir-.'. . ,.... ..... . () I O ~ t:., ...... ....- po~EQ....___ ·· / N \_.:,.r .,,,,,,,.,, gtcE -.... // // / / 70' / / / sET8 ~ / ,,-/_.,./ ;)el(~/// ,./ / /4_9'~g,- / / / / ~ti.\. /_ ~ 1.0T 16, / ---- TE~Y l.~,'e~Y Vlf.'11 ✓ i,';'.,~\ty,OCCUf'IEO / -7 I I I /II I I I I I I I I I I I I / // / I . I ; I I I I 5