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Agreement for Removal of Accessory Structures
Right-of-Entry
THIS AGREEMENT, made and entered into this ��� day of J(.l.��I �U.�'�,
2009, by James P. Neve & Jackie Neve, husband and wife, (hereinafter referred to as "Own�rs")
and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, Owners have constructed a new principal residence structure and
relocated an existing shed to a new location on the property approximately 2 feet from the side lot
line on the property located at 4060 Dahl Road within the City of Orono, Hennepin County, State
of Minnesota, such property legally described as:
Attached as Exhibit A (hereinafter referred to as "Subject Property"); and
WHEREAS,the construction of the new residence is complete and the Owners are
requesting a Certificate of Occupancy; and
WHEREAS, the Owners are aware that according to Orono Municipal Zoning
Code Section 78-1405(6)the newly relocated shed on their property must meet a 10 foot side yard
setback; and
WHEREAS, it is the policy of the City to 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 Owners intend to, apply for a side setback variance in order to
permit the accessory structure to remain in the current location 2 feet from the side lot line; and
WHEREAS, the City intends to allow the accessory structure to remain on the
Subject Property in its current location during the Variance application process and that said
accessory building will either become conforming by way of Variance approval or will be removed
from the Subject Property should the Variance be denied.
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Owners may retain the existing accessory structure, subject to the following conditions:
A) Owners shall remove the accessory structure by October 1, 2009 unless the
appropriate Variance and Building Permit are obtained.
B) In the event that any activity described in item A has not been accomplished within
the defined timeframe, the Owners shall remove the accessory structure at the
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Owners' expense.
C) If Owners fail to perform their removal obligations per item B, the Owners hereby
agree as follows:
1. The City may enter upon the property and remove the accessory building.
2. The City may assess the costs of removal to the property.
3. 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.
4. Owners 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.
CITY OF ORONO:
�
By: 1�'1 �d�,�.�.—
Its Mayor
B �^ /
Y�
Its City Clerk
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ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this lQ � day of
, 2� O�L, bY • �tirr�K�
and , U..C.� , th Q and
of the City of Orono on behalf the municipal corporation.
ADNESS ��```,(.�� �.
�' MONICA A.F Notary Public
' NOTARY PUBLIC-MINNESOTA
" ;;.,,,:a' My Commission Expires Jan 31,2012
OWNERS(S):
By: �,J �_
By:
ACKNOWLEDGEMENT (OWNERS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN
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T , foregoing instrument was ac owledged before me this �-�� � day of
� � � 20�''�� � bY ' �° � '�'�- �" ' � �-=c.�.r�� � ��'�,�
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Notary Public
d���;� DEBORAH R LUCAS
;��a �PubYC
'' Minnesota
�,.._. My Comm.Exqres Jan 31,2010
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