HomeMy WebLinkAboutagreement for removal of access. structure �
(Reservedfor Recording Data)
Agreement for Removal of Accessory Structure
During Construction of Principal Structure
Right-of-Entry
THIS AGREEMENT, made and entered into this �0 da of ��/V�J.�Q i;�
Y
2009, by John Young and Lynn Young, husband and wife (hereinafter referred to as
"Applicant") 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 4355 Chippewa Lane 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 ("Accessory
Structure"), which is to be removed, and a new principal residence ("Principal Structure") which
is fully constructed and waiting for a Certificate of Occupancy; and
WHEREAS, the Applications have made application to the City for a Certificate of
Occupancy for the Principal Structure prior to the demolition of the Accessory Structure which
remains on the Subject Property; and
WHEREAS, the Ciry intends to allow the Accessory Structure to remain on the Subject
Property during the completion of the construction of the Principal Structure; and
WHEREAS, the City intends to grant the Certificate of Occupancy for the Principal
Structure, prior to the demolition of the Accessory Structure, with the expectation that the
demolition of the Accessory Structure will be completed within sixty (60) days from the issuance
of the Certificate of Occupancy.
147838 1
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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 Principal Structure, subject to the following
conditions:
A) Applicants agree to complete the demolition and removal of the Accessory
Structure within sixty (60) days of the issuance of the Certificate of Occupancy
for the Principal Structure.
B) Applicants agree to deposit three thousand and no/100ths Dollars ($3,000.00)
with the City which may be used by the City to secure the demolition of the
Accessory Structure in the event the Applicants fail to meet the obligation set
forth in the subparagraph A above.
C) If the Applicants fail to perform the demolition and removal obligation set forth in
subparagraph A above, the Applicants hereby agree as follows:
1. The City may enter upon the Subject Property and remove the Accessory
Structure;
2. The City may draw down on the $3,000.00 to pay for the demolition and
removal of the Accessory Structure and assess any cost exceeding
$3,000.00 for the demolition and removal of the Accessory Structure from
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.
147838 2
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CITY OF ORONO:
gy. `�s�..ti- /2�( � �t-�-
, Its Mayor
B Y: ��kC�r-G�,�v ,� (/��—�
, Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume was acknowled ed before me this 3 � d� of
S , 2009, by and � Vc.�Q_ ,
res ctively, the Mayor and Cit Clerk for the City of Orono, a Minnesota municipal
corporation, on behalf of the City and pursuant to the authority granted by its City Council.
��
����� �
Notary Public
MONICA A. FADNESS
�." NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2012
:�,-.�
APPLICANTS:
.�
,
� G�
;-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this�day of
�� , 2009, by John Young and Lynn Young, husband and wife.
- ��
MONICA A.FADNESS Notary Public
NOTARY PUBLIC-MINNESOTA
';,,,;,+` My Commission Expires Jan.31,2012
147838 3
.
FEE OWNER(S):
�_ ' , .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this�day of
�����, 2009, by John Young and Lynn Young, husband and wife, as their free
act�� a�d deed.
MONICA A. FADNESS Notary Public
' NOTARY PUBLIC-MlNNESOTA
` {�° My Commission Exaires Jan.31,2012
�_�:_-,«
DRAFTED BY:
Campbell Knutson
Professiona!Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651)452-5000
SMM/jmo
14783A 4
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EXHIBIT A
That part of the South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North,
Range 23 West of the 5th Principal Meridian which lies west of the East �uarter thereof and east of the West
421.70 feet thereof and north of the railroad right-of-way, EXCEPT the East 10.00 feet thereof; ALSO EXCEPT
the North 368.00 feet of the West 314.50 feet of the East 324.,50 feet thereof.
]47838 5
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed Administrative Support
Assistant of the City of Orono, Minnesota, certifies that I compared the foregoing
resolution adopted at the meeting of the Orono City Council on September 28, 2009 with
the original thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such Administrative Support Assistant and the
Corporate seal of the City this �� day of �l��`�� , 2009.
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I Ati�,�;�rf - �% / . - Mo ica Fadness, Administrative Support Assistant
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Doc No A9443810
Certified filed and/or recorded on
11/12/09 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
��,
Jill L. Alverson, County Auditor and Treasurer
Deputy 9 Pkg ID 583948
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 of Accessory Structure
During Construction of Principal Structure
Right-of-Entry